The URL can be used to link to this page

Agenda 04-06-21The City of Boynton Beach City Commission Agenda Tuesday, April 6, 2021, 4:15 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 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. "'17) u»aJ1,, Iffiiiiuuullll�lllll www. boynton-beach.org Page 1 of 1360 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 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 April 6, 2021 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 2 of 1360 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 1360 Openings A. Call to Order - Mayor Steven B. Grant Roll Call In accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed - door session on Tuesday, April 6, 2021 beginning at 4:15 p.m., CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-M B In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 60 minutes will be needed. Invocation by Apostle Brown of New Disciples Worship Center Pledge of Allegiance to the Flag led by Commissioner Katz 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. Dr. Anthony Lockhart, Principal of Boynton Beach High School, will make an announcement regarding the Boynton Beach Aerospace Science Academy's participation in the FAA Airport Design Challenge for design of the Boca Raton Airport. B. Proclamation recognizing April 4-10, 2021 as National Library Week. Library Director Craig Clark will accept the proclamation on behalf of the Boynton Beach City Library. C. Proclamation recognizing April 24, 2021 as Best Buddies Day in Boynton Beach and encourage residents, visitors, employees and businesses to participate in the Best Buddies Friendship Walk on April 24, 2021. Tricia Williams, Best Buddies Area Director Palm Beach, will accept the proclamation. D. Proclamation recognizing April 2021 as Autism Awareness & Acceptance Month. Dr. Jennifer Percival, Assistant Director, FAU Center for Autism and Related Disabilities (CARD) will accept the proclamation. E. Proclamation recognizing April 9, 2021 as Sleepl n for SleepOut Homelessness Awareness Day. F. Announcement by Sustainability Coordinator Rebecca Harvey regarding the drive-thru Earth Day Celebration and Tree Giveaway on Saturday, April 17 from 10am02pm at the Ezell Hester Jr. Community Center; as well as virtual Earth Day events and activities at www.GoGreenBoynton.com. G. Announcement by Sustainability Coordinator Rebecca Harvey that Mayor Grant is joining mayors across the country during the month of April 2021 for the 10th Annual Wyland National Mayor's Challenge for Water Conservation by asking residents to make a simple pledge to conserve water and energy at mywaterpledge.com. Page 4 of 1360 H. Announcement by Recreation & Parks Director Kacy Young about the Youth Symposium being hosted by the Recreation & Parks Department at the Carolyn Sims Center on Saturday April 17, 2021, from 9:00am to 3:00pm. 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. Annual appointment of 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. Legal Expenses - February 2021 - Information at the request of the City Commission. No action required. B. Accept first quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY20/21. C. Approve an increase for metal containers and roll -offs from the estimated amount of $150,000.00 to $180,000.00 with the current vendor Iron Container based on the increased pricing for steel and iron. D. Proposed Resolution No. R21-033 - Establish a new Special Revenue Fund for the Building Division pursuant to State of Florida Statutes 553.80 and 166.222. E. Approve minutes from the City Commission meeting on March 2, 2021. F. Proposed Resolution No. R21-034 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. G. Approve the issuance of a purchase order to Thompson Pump & Manufacturing Company Inc. utilizing Florida Sheriff's Association Contract #FSA 20-EQU 18.0 for one (1) new mobile bypass pump for a estimated cost of $98,139.00. The Florida Sheriff's contract satisfies the City's purchasing requirements. H. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 6, 2021- "Request for Extensions and/or Piggybacks." 7. Consent Bids And Purchases Over $100.000 A. Proposed Resolution No. R21-035 - Approve utilizing Omnia Partners Contract # 2017025 with Toro pricing through local distributor Hector Turf for the conversion of irrigation system from hydraulic to electric control at the Links at Boynton Beach for a total not to exceed $325,000.00. B. Approve task order to Murphy Pipeline Contractors based on the unit price contract for Pre - Chlorinated Pipe Bursting of Potable Water Mains, Bid No. 036-2821-16/TP for water mains located on NW 1st Street and NW 2nd Street, in the amount of $532,536.00 plus a 10% contingency of $53,253.60 for a total expenditure of $585,789.60. C. 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 6, 2021 - Page 5 of 1360 "Request for Extensions and/or Piggybacks." D. Proposed Resolution No. R21-036 - Award Bid No. 002-2511-21/RW, Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project, and authorize the City Manager to sign an agreement with to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the amount of $967,538.00 plus contingency amount of $232,462.00 for a total estimated amount of $1,200,000.00. E. Approve the renewal of the bid no. 019-2821-19/IT award for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, Lift Stations and Storm Water Utility Systems." Approve an increase to the annual estimated expenditure from $355,000 to $900,000 for Fiscal Year 2021. Beginning in FY 2022, the request for annual expenditure will be reduced to $500,000.00 8. Public Hearinq 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. 21-021 - First Reading - Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, General Administration, Article 11, Definitions, and Article V, Housing Initiatives, Section 2, Workforce Housing Program. (Tabled to May 4, 2021) 9. City Manager's Report A. Commissioner Katz requested staff provide a report on the Police Department's vacancies/staffing levels for last five years. Chief Michael Gregory will make the presentation. B. Staff overview on Federal Earmarks and the American Rescue Plan. 10. Unfinished Business A. Reconsider Knuth Road Future Land Use Amendment and Rezoning applications (LUAR 21-003) and direct staff accordingly. 11. New Business A. Proposed Resolution No. R21-037 - Approve and ratify the appointment of Andrew Mack as Assistant City Manager - Public Services, pursuant to City Code of Ordinances, Chapter 2, Article 11, Section 2-30(b). B. Commissioner Romelus requested a discussion regarding City Advisory Boards, Ordinance 20- 016. 12. Legal A. Proposed Ordinance No. 21-011 - First Reading - Approve Ordinance Amending Chapter 23 entitled "TAXATION, ASSESSMENTS AND FEES" to create a new Article VI, entitled "CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT" B. Proposed Ordinance No. 21-12 - First Reading - Approve ordinance amending Chapter 15, "Offenses -Miscellaneous" of the Code of Ordinances, by creating a new article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance." C. Proposed Ordinance No. 21-004 - Second Reading - Amend Chapter 26, Article 111, retitling article to "Water Shortage Plan and Year-round Landscape Irrigation Conservation Measures" and adding a new Section 26-46, Year-round landscape irrigation conservation measures. Page 6 of 1360 D. Proposed Resolution No. R21-038 - Approve demolition of the building located at 1101 - 1103 North Federal Highway. E. Proposed Ordinance No. 21-013 - First Reading - Approve proposed amendments to Ordinance No.01-66, Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive bidding" and Section 2-56.1 "Exceptions to competitive bidding amending purchasing threshold language. 13. Future Agenda Items A. E21- Solutions to provide Town Square presentation to City Commission. - April 20, 2021 B. Update by Charlotte Pelton on Naming Rights Campaign for BBTS - April 20, 2021 C. Monthly update from J KM Developers on the Town Square project. - April 20, 2021 D. Mayor Grant has requested a staff report on engineering and construction projects over $500,000. - April 20, 2021 E. Presentation by the external auditors of the 2020 City's Comprehensive Annual Financial Report. - April 20, 2021. F. Appoint Chairs & Vice Chairs for City Advisory Boards per Ordinance 20-016. - April 20, 2021 G. Staff report on history/process to add names to the Heritage Park monument - April 20, 2021 H. Voluntary Sustainability Payment Program - April 20, 2021 I. Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — May 2021 J. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - May 2021 K. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 L. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 M. Discussion on funding for expanding W i-Fi to City parks. - May 2021 N. Ordinance regarding automatic reversion back to previous zoning if a property is rezoned for planned development and then is not developed. - June 2021 O. ILA for Sara Sims Park Pavilion Improvements - June 2021 P. Monuments on City Property - June 2021 Q. Mayor Grant requested information on the water quality of canal systems within the City. - June 2021 R. Discussion of LOI process for sale of City land - TBD 14. Adjournment Notice If person 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 of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testinnny 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 service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742- 6060 or (TT)� 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accomnndate your request. Page 7 of 1360 Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained ftomthe office of the City Clerk Page 8 of 1360 1.A. Opening Items 4/6/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call In accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door session on Tuesday, April 6, 2021 beginning at 4:15 p.m., CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant— Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX- M B In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 60 minutes will be needed. Invocation by Apostle Brown of New Disciples Worship Center Pledge of Allegiance to the Flag led by Commissioner Katz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 9 of 1360 Is this a grant? Grant Amount: Attachments: Page 10 of 1360 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 Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 4/6/2021 Page 11 of 1360 Requested Action by Commission: Dr. Anthony Lockhart, Principal of Boynton Beach High School, will make an announcement regarding the Boynton Beach Aerospace Science Academy's participation in the FAA Airport Design Challenge for design of the Boca Raton Airport. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 12 of 1360 Requested Action by Commission: Proclamation recognizing April 4-10, 2021 as National Library Week. Library Director Craig Clark will accept the proclamation on behalf of the Boynton Beach City Library. Explanation of Request: National Library Week is observed across the country each year in April to celebrate the impact libraries have on the communities they serve and to encourage everyone to use their local libraries. How will this affect city programs or services? Observing National Library Week will help raise public awareness that our own Boynton Beach City Library is here to serve as a crucial resource and technology hub for the community, providing free access to many different resources including free internet, job search resources, homework help, small business resources, etc. The Library is a place for opportunity, education, self-help and lifelong learning. Fiscal Impact: Non -budgeted none Alternatives: none Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Flirc.:ca irna tioin Description Flirc..:cJa irna tioin Na tioinal II.....lilbira iry Week Page 13 of 1360 proelamation WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all. Libraries of all types are at the heart of their cities, towns, schools, and campuses, serving their communities; and WHEREAS, libraries have long served as trusted and treasured institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio- economic status. Libraries are accessible and inclusive places that foster a sense of belonging and community; WHEREAS, today's libraries and their services extend far beyond the four walls of a building and everyone is welcome to use their resources. People lacking broadband at home, libraries provide access to computers and wi-fi, even lending internet hotspotsI- and WHEREAS, libraries strive to develop and maintain relevant programs and collections that are as diverse as the populations they serve and ensure equity of access for all; and WHEREAS, in times of crisis, libraries, librarians, and library workers play an invaluable role in supporting their communities both in person and virtually; and WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing to meet the needs of their patrons. Libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; NOW, THEREFORE, I, Steven Grant, Mayor of the city of Boynton Beach, Florida, do hereby proclaim, April fourth to April tenth, Two Thousand and Twenty -One as: National Library Week IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the 6eh day of April, Two Thousand and Twenty -One Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk Requested Action by Commission: Proclamation recognizing April 24, 2021 as Best Buddies Day in Boynton Beach and encourage residents, visitors, employees and businesses to participate in the Best Buddies Friendship Walk on April 24, 2021. Tricia Williams, Best Buddies Area Director Palm Beach, will accept the proclamation. Explanation of Request: Best Buddies is a member of the City's Inclusion Support Team. They provide support to the City on our inclusion efforts. We would like to support their 2021 Friendship Walk by inviting the community and challenging other cities to participate. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Flirc.:ca irna tioin Description Flirc.:cJa irna tioin Best Il: L.aiddlies Page 15 of 1360 Proclamation WHEREAS, Best Buddies is the world's largest organization dedicated to ending the social, physical and economic isolation of the 200 million people with intellectual and developmental disabilities (IDD); and WHEREAS, The IDD community that Best Buddies serves includes, but is not limited to, people with Down syndrome, autism, Fragile X, Williams syndrome, cerebral palsy, traumatic brain injury and other undiagnosed disabilities; and WHEREAS, Best Buddies programs empower the special abilities of people with IDD by helping them form meaningful friendships with their peers, secure successful jobs, live independently, improve public speaking, self - advocacy and communication skills, and feel valued by society; and WHEREAS, since 2009, more than 150,000 participants in 60 cities have participated in the Best Buddies Friendship Walk to raise awareness for inclusion, friendship, leadership development, and integrated job opportunities for people with IDD, with every dollar raised goes towards making the world a more inclusive, accepting place. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 24th day of April, Two Thousand Twenty -One as: 33¢5t I3uddi�zB'Dag and encourage all residents of our community to join the virtual or in-person Best Buddies Friendship Walk on April 24, 2021. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclamation recognizing April 2021 as Autism Awareness & Acceptance Month. Dr. Jennifer Percival, Assistant Director, FAU Center for Autism and Related Disabilities (CARD) will accept the proclamation. Explanation of Request: FAU CARD has been a member of the City's Inclusion Support Team since 2015. 1 n 2017, the City was named an Autism Friendly City, the first municipality to receive this designation. Through the partnership with FAU CARD, the City continues to provide education and support for inclusion of individuals on the autism spectrum. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Flirc.:ca irna tioin Description Flirc.:cJa irntioin L. bairnw.."ireir:ea: s & Acceptaince Page 17 of 1360 pro elamat ion WHEREAS, Autism spectrum disorder (ASD) is a developmental disability that can cause significant social, communication and behavioral challenges. Autism is the fastest growing developmental disorder. There is often nothing about how people with ASD look that sets them apart from other people. People with ASD may communicate, interact, behave, and learn in ways that are different from neurotypical people. The learning, thinking, and problem -solving abilities of people with ASD can range from gifted to severely challenged. Some people with ASD need a lot of help in their daily lives; others need less; and WHEREAS, In 2020, the CDC reported that approximately I in 54 children in the U.S. is diagnosed with an autism spectrum disorder (ASD); I in 34 boys and I in 144 girls identified with autism. Autism affects all ethnic and socioeconomic groups. Early intervention affords the best opportunity to support healthy development and deliver benefits across the lifespan. There is no medical detection for autism. WHEREAS, Over the next decade, an estimated 707,000 to 1,116,000 teens (70,700 to 111,600 each year) will enter adulthood and age out of school-based autism services. Nearly half of 25 -year-olds with autism have never held a paying job. Research demonstrates that job activities that encourage independence, reduce autism symptoms and increase daily living skills. WHEREAS, during the month of April, we strive to promote autism awareness, inclusion, and self-determination for all, and assure that each person with ASD is provided an opportunity to achieve the highest possible quality of life. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of April, Two Thousand Twenty -One as: -4utim -4war�=,55 &-4e-e-ptanciz Month and reaffirm that the City of Boynton Beach will continue to provide the necessary modifications and supports to be an Autism Friendly City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk 3.E. Announcements, Community and Special Events and Presentations 4/6/2021 11D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Proclamation recognizing April 9, 2021 as Sleepl n for SleepOut Homelessness Awareness Day. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Flirc.:ca irna tioin Description Flirc.:cJa irnatioin The e Il.....oird's IRace &eelpll in fo.. it SII¢'s DICPOL.ait Page 19 of 1360 proelamation WHEREAS, homelessness is a serious social and economic issue impacting all levels of our society. The City of Boynton Beach and The Lord's Place recognize that all people deserve respect and a place to call home; and WHEREAS, The City of Boynton Beach and The Lord's Place are partners in providing that respect and pathway to a brighter future for men, women, and families who are homeless in our community; and WHEREAS, The City of Boynton Beach extends its appreciation to The Lord's Place for its leadership on this critical social issue and its wide array of successful programs and services changing the lives of the homeless one life at a time; and WHEREAS the 14th annual S1eepIn forSleepOut to End Homelessness will be held on Friday, April 9 through Saturday morning, April 10, to raise awareness about homelessness and to raise funds to help The Lord's Place end homelessness for men, women, and families in our community; and WHEREAS, The Lord's Place will host this event in a virtual format to follow COVID-19 restrictions and encourages everyone in the community to S1eepIn their home or backyard so as many people as possible can participate; WHEREAS, the mission of The Lord's Place is to "Break the Cycle of Homelessness by providing innovative, compassionate and effective services to men, women, and children in our community." NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 9th day of April, Two Thousand and Twenty -One as: Th�z Lord's Placa ,l�z�zpIn for Nlz�zp0ut flom�zl�zssn�zss -�wnr�zn�zss'Dag IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand and Twenty -Twenty. Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk Requested Action by Commission: Announcement by Sustainability Coordinator Rebecca Harvey regarding the drive-thru Earth Day Celebration and Tree Giveaway on Saturday, April 17 from 10am-12pm at the Ezell Hester Jr. Community Center; as well as virtual Earth Day events and activities at www.GoGreenBoynton.com. Explanation of Request: The Office of Sustainability, Recreation & Parks Department, and Boynton Beach City Library are collaborating to celebrate Earth Day during the month of April. Details can be found at www.GoGreenBoynton.com. How will this affect city programs or services? These events and activities help advance the City's Tree Canopy Program and meet the City's community engagement goals in the Climate Action Plan. Fiscal Impact: Budgeted The event costs will be paid for through the Recreation & Parks Department budget; the tree giveaway will be paid for through the Sustainability Fund in the Utilities Operating budget. Alternatives: Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable City. Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry; and Strategy C-3.2 Sustainable Lifestyle & Consumption Is this a grant? Grant Amount: Attachments: Type D Attachirneint Description 2021 IEarth IDay Cellelbira tioin Ipa.:a: tca ird Page 21 of 1360 C u m pw—q� F AbL � MIIIII 11116a u VIII IIIIIIIIIIIIIIIII uu um IIIIIIIIIIIIII "R Rr >% M� cou HUM Wo j3 C u m pw—q� F AbL � Requested Action by Commission: Announcement by Sustainability Coordinator Rebecca Harvey that Mayor Grant is joining mayors across the country during the month of April 2021 for the 10th Annual Wyland National Mayor's Challenge for Water Conservation by asking residents to make a simple pledge to conserve water and energy at mywaterpledge. com. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Budgeted There is no impact to the City's budget. Alternatives: Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable City Climate Action Application: 2020 Climate Action Plan Strategy C-2.3 Water Efficiency & Conservation; Strategy C-3.2 Sustainable Lifestyle & Consumption. Is this a grant? Grant Amount: Attachments: Page 23 of 1360 Requested Action by Commission: Announcement by Recreation & Parks Director Kacy Young about the Youth Symposium being hosted by the Recreation & Parks Department at the Carolyn Sims Center on Saturday April 17, 2021, from 9:00am to 3:00pm. Explanation of Request: The Youth Symposium: Technology in a Technical World is a free program for all Teens held at the Carolyn Sims Center on April 17th from 9am - 3pm. Participants will have the opportunity to discuss an array of topics with professionals from various fields that will engage and educate the minds of the leaders of the future. How will this affect city programs or services? This is a free program for Teens. Fiscal Impact: Budgeted Alternatives: Strategic Plan: Building Wealth in the Community, Boynton Beach Branding Strategic Plan Application: Community outreach program to provide educational resources for teens in the community. Hosting this special event will encourage residents and non-residents to visit the Carolyn Sims Center. Climate Action Application: No Climate Action Application. Is this a grant? Grant Amount: Attachments: Type D Attachirneint Description Yf..KA h SyirqPa.:a:>iLAirn Page 24 of 1360 N O N U 2 U LU 2 0 !f i Im N, Em 6a u rl%a� C - u .Q U i C O4-0 ` a) MENEM ■ i p —� �- Z;% L O - > u o� . of �1'� V a �= >' u "N — > �_ m fill_ .� _ _ .N - LAa -J N . .0 IU I z l/1 O E An ' I I III" Ln a) E > y 6a N 7 C O-0 a+ � N O Cl q Q E Q D +� E O Q O N N N Ln U � t U n H Q L N LO QN�ar�a U L O i H LL Q O# > olo W Q a- i O u a) u _0 p u }, i i O u u O O a- a)O O o N a- •p F- U _0 W 41 �> a u u -0 O i O O O O — Q 00 >• O i O u � O Ln d � -Y a2 c U O W O > u Ln u O p C H m u to d u V1 E z Q O _O W }' o N a C d OE i y }' O O i C U J d� '� 'N O_0 i O z p O O Ln M- 00 F- 41 u -0 .0 0 d Ln 0 O U N " J r O O LL O >. N L o N Q)-0 uu Q C E V1 ° p = N 20 ua W W JL Ho♦a=a—LL � 5.A. Administrative 4/6/2021 Requested Action by Commission: Annual appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: Ordinance 20-016 consolidated the reappointment process for city advisory boards so that it takes place once a year. The current terms expired on March 31, 2021. The attached list contains the names of those who have applied for term openings and 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 term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 27 of 1360 Type Description Attac,hirneint Airvrkjdppointiments and IRotatlir.. n A ttac, �h rne in t Bbck, Doirothy Attachirneint Bartz,PaUl�l Attachirneint Calbde IDi(NAPA, IF:::iraincoise A ttac, �h rne in t F:::again,Ii: L.Jlg(Dine A ttac, �h rne in t F:::ischeir,KeMin Attachirneint (3)oirdon, C:.,)de%ne Attachirneint (3)LAiritzky, Sanford Attachirneint JoseirTy..)ind, Joe Attachirneint Kerr, Ada irn Attachirneint MC',QL.Jliire, COLAirtandt A ttac, �h rne in t Meyer, li airk Attachirneint Rosencirains, Tirew:)ir Attachirneint S11veirb, Saddairn Attachirneint Shryxxn, hiris Attachirneint Skoviron, Yw:alr imr .. Attachirneint R..)irnbairi, Edw,,.-aird Attachirneint MIkiinsoin, I oiretta A ttac, Ih rne in t MIsoin, Ae)aindiria Page 28 of 1360 Annual Appointments and Applicants for April 6, 2021 Art Advisory Board 11 Hay III Romelus Vice Mayor Penserga Applicants: Saddam Silverio Courtlandt McQuire Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 (seeking reappointment) (seeking reappointment) Building Board of Adjustments and Appeals I Katz 11 Hay III Romelus Vice Mayor Penserga Mayor Grant I Katz Applicants: Paul Bortz Sanford Guritzky Citizens Oversite Committee Mayor Grant I Katz 11 Hay III Romelus Vice Mayor Penserga Applicants: Adam Kerr Alexandria Wilson Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Alt 1 yr term to 3/22 Alt 1 yr term to 3/22 (seeking reappointment) (seeking reappointment) Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 (seeking reappointment) (seeking reappointment) Community Redevelopment Agency Advisory Board Vice Mayor Penserga Reg 2 yr term to 3/23 Mayor Grant Reg 2 yr term to 3/23 1 Katz Reg 2 yr term to 3/23 11 Hay Reg 2 Yr term to 3/23 Applicant: Golene Gordon (seeking reappointment) Joe Josemond Yvonne Skovron C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\EB12F3A3-E78D-43E1-80E7-4A8BOF7A8292\Boynton Beach.26086.1.Annual_Appointments_for_04-6-21.docx Page 29 of 1360 Annual Appointments and Applicants for April 6, 2021 Education and Youth Advisory Board Mayor Grant Reg 2 yr term to 3/23 1 Katz Reg 2 yr term to 3/23 11 Hay Alt 1 yr term to 3/22 Applicant: Francoise Calixte-Dieuvil (alternate member seeking regular member) Lori Wilkinson (seeking reappointment) Historic Resources Preservation Board 11 Hay Reg 2 yr term to 3/23 III Romelus Alt 1 yr term to 3/22 Applicants: Dorothy Block Planning and Development Board Mayor Grant I Katz 11 Hay Applicants: Kevin Fischer Chris Simon Trevor Rosencrans Edward Tombari Mark Meyer Courtlandt McQuire Recreation and Parks Mayor Grant I Katz Applicants: Eugene Fagan Senior Advisory Board Mayor Grant Applicants: Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 (seeking reappointment) (seeking reappointment) Reg 2 yr term to 3/23 Reg 2 yr term to 3/23 (seeking reappointment) Reg 2 yr Term 3/23 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\EB12F3A3-E78D-43E1-8OE7-4A8BOF7A8292\Boynton Beach.26086.1.Annual_Appointments_for_04-6-21.docx Page 30 of 1360 Stanzione, Tamm From: uberfr uS]46<noeply@l23fonnbuiNecio> Sent Tuesday, March 09,2021 1217 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: CV -Block -,Dorothy -2021 docx Today's date 1 Name donothyb|nck Phone number Address 3Q6ne1st ave boyntonbeach FL3l435 United States Erna|| uberfrau3346@8nnai|.com Current occupation or, if retired, prior Archaeologist, M.A. occupation Are you a'�t�r�� -~ Yes voter? Doyou reside within the Boynton Beach Yes City limits? Doyou own/manage a business within City No limits? If"yem°,name ofbusiness: Are you currently serving on a City No board? Have you served ona No City board inthe pastl� U"Ves",which board(s) and when? Have you ever been No convicted ofacrime? if"yes",when and where? Advisory Board Historic Resources Preservation Board 1 Page 31 of 1360 Personal I am a professional, practicing archaeologist with 15 years experience in field excavations in Qualifications Florida. | am currently working in research and publishing peer reviewed articles for a scholarly journal, The Florid Anthropologist. | also do consulting and small contract work. Professional Florida Anthropological Society (Executive Board Member), Palm Beach County Anthropological Memberships Society (Executive Board K4enmber). Feel free to attach/up|oa6an _1formbuilder.con)&p TI_ extra sheet mrresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, |fappointed, any false statements may because for removal from a board. The message has been sent from9&244,2O5.144(United States) at2O21-O3-09I2:16:58unChrome 88.(l4324.l9O Entry ID: 444 Referrer: Form Host: Page 32 of 1360 Dorothy Block 306 NF I" Ave 9 202 Boynton Beach, Florida 33435 561-739-2011 Ube rfrau33460.(cI) a 7p07il.corn Education: Florida Atlantic University, Master of Arts, in Anthropology (Archaeology), 2005. I'lorida Atlantic University, Certificate in Ethnic Studies, 2002, Florida, Atlantic LJniversity, Bachelor of Arts, cum 1(mcle, in Anthropology (Cultural), 2002. Florida Atlantic University, Bachelor oi'Arts, cuin hiucle, in English, 1996. Current Positions: 2018 -present: Assistant Editor ofThe I'lorkla Anthi-opologist, as peer reviewed academic publication. I 2018 -present: Florida Anthropological Society Journal Committee Chair, Membership Secretary, 201 6 -present: Archaeologist: The Archaeology loundation. All phases of archaeological investigation and publishing offindings. 2000 present: 11roJect Archaeologist.: The Archaeological and I listorical onservancy, Davie, FL. Recent Work: Current: 2014 -- 2016 adjunct Professor ol'Anthropology (includes Honors Courses) Broward Community College, South Campus. (Teaching load 3 classes). 2014 - 2017: adjunct PrOfeSSOr ol'Anthropology and Archaeology, Palm Beach State College, Boca Raton, Lake Worth, Belle Glade Fl, This work includes the development of field programs and internships in archaeology and cultural anthropology. ']'his requires working PBSC administration as well as multiple outside institutions to work Out legal agreements, student assignments and research designs etc, (Teaching load: 2 Intro. to Archaeology classes and I Intro to Anthropology course). Field excavations pending in Belle Gkide (May 201(6) and Jupiter (March 2016). 2014- 2017: Director Lawrence l"'. Will Muscurn ofthc Glades, Belle Glade Florida. This work included developing a media outreach program to promote lectures and events as well as assisting researcher and lihn makers. Responsibilities al: ca included keeping the truiscum on budget, negotiating contracts and working with the Board of Directors for the Glades I I istorical Society. 2008- Current Founding._(,Li, LjrL)�ersort- / Past President : Palm Beach County Archaeological . ......... Society, a Chapter of the Florida Anthropological Society, as 501.0 educational corporation 2008 -present. Page 33 of 1360 Public Archaeolou 2005- present: Mentor: I have brought dozens of interested students and members of the lay -public to the field to gain experience in all phases of archaeological field research. Man)( have gone on to gain employment in the private sector and to pursue advanced degrees in the prof`Lssion.2009- present. Volunteer and Student coordinator: Dubois Park excavations Jupiter, Fl. 2016 (pending). Archaeology for Families at Jupiter 1-ighthouse, Jupiter, Fl. 2016 Museurn Exhibit coordinator: "Life's a Beach" The Prehistoric People of Boca Raton. Boca Raton I listorical Society Museurn, 2015 Boca Raton, I'l. Volunteer PEggEarn Director Coordinator: Working with Secondary and University Students as well as interested adults and seniors 2009-2012. Archaeological and Historical Conservancy, Davie, FL Lecture Series Founder and Director-: PaIrri Beach County Archaeological Society Seasonal Lecture Series 2009- 2012, West Palm Beach Public Library. This series was incredibly Popular and is ongoing - now in its 8"' season. Fducator and Fxhibitor: "Archaeology of Palm Beach County" at South Florida Science Museurn Friday 1--l--1 . . .......... ,�� .. . . . ...... ..... _.__ Nights Program 2010, 2011, West Palm Beach, I'T p )q the Past: Educational Outreach Specialist Pahn Beach C',OLInty Archaeological Society at Florida Public Archaeology Network Event 2011, Gumbo Limbo Nature Center, Boca Raton, Ft, Event Founder Coordinator: Archaeology Fest 2011: Patin Beach County Archaeological Society and the South Florida Science Museum, West Palm Beach, Fl. ( approximately 350 people attended this event). Lecturer: "Meet the Farnily" Human EVOILItiOrl for Everyone! PBCAS lecture series 2016. Lecturer: "The Archaeology of Palm Beach County" Jupiter Fligh School t_.'Invironmental Science Program 2015. I-ecturer:. "The Archaeology of Palm Beach County" South Florida Science Museum, West. Pahn Beach, - - --------- _. Fl. 2015. Lecturer: "Prehistoric Palm Beachers" Chesterfield Hotel, Palm Beach. Pahn Beach Rotary Club 2015. Lecturer: "-rhe Archaeology of Southern Pahn Beach County" 2014. South Last Florida Archaeological Society, Martin County, Florida, L,e.,CtUrer: 4' pre Columbian Archaeology oil' Boca Raton" 2014, Boca Raton Historic [)reservation Board, Boca Raton, Florida. Page 34 of 1360 Lecturer: "Prehistoric Palm Beachers" PBCAS t.,ecture Series, Paramount 'I'lieatre, I'ahn Beach 2014 Pahn Beach, Fl. Lecturer: "Prehistoric Palm Beachers" PBCAS LeCtUre Series, West Pahn Beach Public Library 2012, West palm Beach, Fl. Lecturer: "Archaeology of Jupiter LiglIthOUSe" 2011, Loxahatchee Rivet- I listorical Society Docents . . ........ .1.2c.c.tuler "Archaeology of paint Beach County" PBCAS lecture Series, West Palm Beach Public Library 2010, West Palm Beach, FI, L,e..C.111_reT: " Archaeology of Jupiter Inlet" Archaeology Month Lecture Series, Okeeheelee Nature Center 2010 West Pahn Beach, FT Lecturer: "Archaeology ot'Lake Worth" 1,.,ake Worth Neighborhood Association, 2008, L,ake Worth, Fl. Lecturer: "First I'loridians" Pahn Beach Maritime Acaderny 5111 Grade Class 2004, West Pa.1111 Beach, Ff. Lecturer: "Hurnan Evolution" Palin Beach Maritime Academy General Student Body 2003, West Paint Beach, FT L,ecturer: "Archaeological Sites and Conservation in City of Lake Worth" Lake Worth City Corntuission 2005, Lake Worth, Fl. Archaeological Research: T"ieldwork: Director of 1, jeld Archae&jgy: 2014- present Cemetery Project, Advanced Archaeology, Fort Lauderdale, Fl. The Deerfield. My research was critical to helping preserve this historic segregation era African American cemetery by locating archival funeral records that could be tied to local families. Currently, the plan is to preserve the parcel as a public park with an associated memorial marker, Archival Research and�R ort Wri : Archaeological and Historical Resources at the I lardy Park Parcel, Fort I.,auderdale, Florida, This work included deed search and archival research. My work on this project produced the first ever cemetery record that could be tied to the old "Potter's Field" pioneer cernetery in Fort Lauderdale. The work also highlighted the importance of the parcel in the history of Tennis as Chris Evrert's father founded his tennis prograrn at the parcel and several world champion players had matches there. Dire.etor of f"i-eld Archaeo-Iogy: "The Pulitzer Project"" 710 South County Road Palm Beach , Fl. 2014 -2016 (In Progress) Advanced Archaeology, Fort Lauderdale, Fl. Field Director: F',ven-lades Restoration Protect. 2014, Advanced Archaeology, Fort Lauderdale, I'll. Page 35 of 1360 Field Arch, : Met Square Phase 3 Investigations, 2014, Miami, Fl. Archaeological and Historical Conservancy, Davie Fl. I"Jeld Archgacolc> Monitoring 20 Blossom Way, Palm Beach, Fl, 2014. Archaeological and Historical Conservancy, Davie, Fl. Field Archae)lo list- Monitoring and Phase 2 Investigations, Tarpon Park, Fort Lauderdale, FT 2014 Archaeological and Historical Conservancy, Davie, Fl. Field Archag�glois Mounds Phase 11 Investigations, 2014 Palm Beach County Parks Boynton and Recreation, Field Director: Palm Beach Via [.,,a Selva Site Phase I and Phase 11 investigations 2012 -2013, Archaeological and Historical Conservancy, Davie, Fl. Field Archaeologist: Palm Beach Complex at Sloan's Curve, Monitoring 2013, Archaeological and Historical Conservancy, Davie, Fl. Field ArchaeologLst: Palm Beach- Indian Road Monitoring, 2012, Archaeological and Historical Conservancy, Davie, Fl. Field ArchaeolL): Palm Beach (8PB28) The Rieviera Complex, Phase I and Phase 11 investigations 2012, Archaeological and 1- listorical Conservancy, Davie, Fl. Field ArcLigqflo List: Palm Beach (8PB27) The Guest Mound Complex. Phase I and Phase 11 _ investigations 2012, Archaeological and Historical Conservancy, Davie, Fl. Field Archaeoluc> : Dubois Park/ Jupiter Inlet I (8PB34) Monitoring and Phase 11 investigations 2011, Archaeological and Ilistorical Conservancy, Davie, Fl. Field Arcl ae Palm Beach Inlet Midden (8PB28') Monitoring 2011, Archaeological I listorical Conservancy, Davie, Fl. Field Archacologist: Alligator (,.',reek Phase Investigations- Bonita Springs, Fl. 2011, Archaeological Historical Conservancy, Davie, Fl. Field Arch!"Jori.st: 3rd Fort Lauderdale and Fort Lauderdale Beach Prehistoric Archaeological Site Monitoring and Phase 11 Investigations 2011, Archaeological Historical Conservancy, Davie, Fl. Field Archqg�71c�gist: Archaeological. Historical Conservancy- Archaeological Monitoring, Phase I and Phase 11 Investigations Turtle Beach Site. Delray Beach, FI 2011, Archaeological Historical Conservancy, Davie, FT Field Arcl:j� gt: Via La Selva Project. Palm Beach, 2010 Archaeological Historical Conservancy, Davie, Fl. Page 36 of 1360 Field Arc haeotogist: Bureau of Land Management / United States Department of the Interior Jupiter Inlet Lighthouse Cultural Resources Survey 2009-20)'10, Archaeological Ili storical Conservancy , Davie, IT Field Archaeoj�)Lj�t: Palm Beach County's Dubois Park West, Jupiter, Florida. Phase I and I Phase 2 Archaeological Investigations 2010. Palm Beach (..'ounty Planning and Zoning, Vista Center, West Palm Beach, Fl. Field ArcliaeoloLyist: Riverbend Battlefield Park -National Park Service Battlefield Grant Phase I Archaeological Investigations 2010. Fnviromnental Services Inc. St. Augustine, FI Fie_l,c.lA,rch eoIQgjst: Desoto . "ounty Phase III Archaeological Salvage of a 'turn oft[le 20`" !-_�i - Century Turpentine F,,irtn 2010, Archaeological Historical Conservancy, Davie, Fl. FieldArchaeol .j'Tarpon Bend Historic and Archaeological Site Park Development : Florida. T, Monitoring 2010, F,nvironmental Services Inc. St. Augustine, Fl. Field Archacolm-)ist� - Riverbend Park Fence Monitoring 2009- 2012, Archaeological I listorical .... . ......... Conservancy, Davie, FI. Field Archaeok) �gst� Jupiter Inlet/ Dubois Park West - Phase I investigations, 2008. . . . ....... --- Field Archaeol st. Boyer SUrvcy of Lake Okeechobee Archaeological Sites, 2007-2009. Field ArchaeoloZist Riverbend Park Phase I Investigations 2006, Palm Beach COUnty Planning and Zoning, Vista Center, West Palm Beach, FT Field Archaeolo9i st: Rio Chico Site Phase 2 investigations, Salango, Ecuador Archaeological - Field School, 2003, Florida Atlantic University Summer Research, Boca Raton, I'l, Field Archaeolo st: Gurnbo Lirnbo Archaeological Site, Boca Raton, Florida, 2002, Florida Atlantic University, Boca Raton, Fl. Collections Laboratory and C'mration: LqL��LratSyy fechnician: An Inventory of the Collections ofthe South Florida Science Center. 2014. South Florida Science Center, West Palm Beach Florida. As part ofthis project I also coordinated with several rnUseums and FAU to place collections that which SFSC, no longer Page 37 of 1360 wanted to keep. 'I'he collection FAU gained included archaeological and ethnographic collections from all over the Americas. j.qLoatQyyjrechq " ician: Palm Beach 801 South Count)/' Road Phase I and Phase 11 investigations 2011 and 2012, Archaeological and Historical Conservancy, Davie, Fl. I L�abor�,.Lto yL clinician: Village Carver 1930s Cemetery Grave Goods 2011, Archaeological and I listorical Conservancy, Davie, Fl. Processing Crew S, r_ �vLor and Laborajpryj��Ojjician: Miarni One Prehistoric Cemetery and :qpg_ Archaeological Site. 2011, Archaeological and 1--listorical Conservancy, Davie,Fl. J,ibqratory Technici Lm-- Palm Beach (8131327) Phase I and Phase 11 investigations 2011, Archaeological and I listorical Conservancy, Davie, Fl. t,gbg jgoryj ' 'echnici " an: Dubois Park/ Jupiter Inlet 1 (8P1334) Monitoring and Phase It investigations 2011, Archaeological and Historical Conservancy, Davie, Fl. L�aborator poiniciAnPatin Beach Inlet Midden (8PB28) Monitoring 2011, Archaeological Historical Conservancy, Davie, Ft. LIEQc�cssin�J.,'rcw S'li and Laboratgr�rechnician: Bureau of Land Management / United States Department of the Interior Jupiter Inlet Lighthouse Cultural Resources Survey 2009-2010, Archaeological I listorical Conservancy , Davie, Fl. t.,aborLit(L)jXLFe Litiiciaii: Yd Fort Lauderdale and Fort Lauderdale Beach Prehistoric Archaeological Site Monitoring and phase 11 Investigations 2011, Archaeological Historical Conservancy, Davie, Fl. LAb( atory _MM qia—eL. Jupiter Inlet/ Dubois Park West --Phase I investigations, 2008. �g Labor qqjMMana,cj- Boyer Survey of 1-.,ake Okeechobee Archaeological Sites, 2007-2009. L_ i,aborat<rry Technician: Rio Chico Site Phase 2 investigations, Salango, Ecuador Archaeological Field School, 2003, Florida Atlantic tJniversity Summer Research, Boca Raton, Fl. Lab ) qjgLyje(jmician:, Gumbo I-irnbo Archaeological Site, Boca Raton, Florida, 2002, Florida Atlantic University, Boca Raton, Fl. Laboratory fee Lnician_fst!L(Le)2jj.: Florida Atlantic University Zooarchaeological L,aboratory. Florida Atlantic University, Boca Raton, Fl, 2001. AnA!m►s• Prehisto-ric Ceramic Analyst: Dubois 2010 -Phase I and Phase ll Investigations, ongoing. Palm Beach County Parks and Recreation / Planning and Zoning. West Palm Beach, Fl. Page 38 of 1360 prehistoric Ceramic AnqlAs , The Boyer Survey of Archaeological Sites on Lake Okeechobee 2007-2011. Palm Beach County planning and Zoning, Vista Center, West Palm Beach, H. Prehistoric Ceramic Analy j: Phase I and Phase 11 investigations at :Jupiter f,ight,110LISC, Archaeological Historical Conservancy, Davie, Fl. N-chistoric Ceramic Anal st:Middle Woodland Components of Seven Outer Banks .... . .... . Archaeological Sites, Fast Carolina University's Office ofCoastal Archaeology 2004, Fort Pierce, Fl. Publications: Technical Report: (In Pt-ogt-ess) An Archaeological Assessment and Monitoring of 710 South County Road f)ahn Beach, Ilorida, Co -Author, Advanced Archaeology Inc., Fort Lauderdale, Florida. Technical Report: Cultural and I fistorical Resources at the Hardy Park parcel Fort Lauderdale, IT For Broward County and the City of Fort Lauderdale. Co -Author. Advanced Archaeology Inc,, Fort Lauderdale, Florida. "Precolunibian Palm Beachers" In The Tustenegee the Journal of the I historical Society of Palin 11cach County Fall 2013, Vol, 4 NO2 Technical Report: 2014 An Archaeological Assessment and Monitoring of the Jupiter B1 -.,M and (,,',oast Guard Parcel palrn Beach County, Florida, Co -Author. Archaeological and I listorical ("onservancy, Davic 11, Technical Report: 2013 An Archaeological Assessment and Monitoring of 1.480 North Lake Way- the Palm Beach Inlet Midden, Palm Beach, Fl, Co -Author, Archaeological and Historical Conservancy, Davie Fl, Technical Report: Pending- An Archaeological Assessment and Monitoring of` 1480 North Lake Way- the Palm Beach Inlet Midden, palm Beach, Fl. Co -Author. Archaeological and I listorical Conservancy, Davie Ft, Technical Report: Pending- An Archaeological Assessment and Monitoring of the Cooper Residence, 801 South County Road, Palm Beach, H. (7o -Author, Archaeological and Historical Conservancy, Davie Fl. Technical Report: 2012 An Archaeological Assessment and Monitoring of the Turtle Beach Site, Delray Beach, Fl, Co -Author. Archaeological and Historical Conservancy, Davie 171. Page 39 of 1360 Technical Report: 2012 An Archaeological Assessrtient and Monitoring of The Guest Mound Site, Palm Beach, Fl. Co -Author. Archaeological and Historical Conservancy, Davie Fl. Technical. Report: 2013 The Boyer Archaeological Survey of Lake Okeechobee. Ceramic Analysis. Palm Beach County Parks and Recreation. Technicat Report: 2013 Archaeological Investigations ofthe Jupiter I Archaeological Site at Dubois Park, Jupiter, Florida. Co-author . Palm Beach County Parks and Recreation. Internships: Fast Carolina University Office of Coastal Archaeology, ceramic analysis of Middle Woodland Components of 7 Archaeological Sites on the Outer Banks of North Carolina. This included work, on th I "Croatoan Pro ' ject" which yielded evidence of contact between Sir. Walter Raleigh and file Aborigional People of North Carolina in the 16"' century. This work is "Lost Colony" research and has led to best understanding to date of the possible fate of over 100 people who vanished without a trace after being left on Roanoke Island North Carolina. Under the capable direction of Dr. David Phelps, 2003. Professional Affiliations: Pah'n Beach County Archaeological Society: President and Founding Chair 2008- present, Florida Anthropological Society: Membership Secretary, Journal Committee Chair, Chapter Affiliate Founder. Other Qualifications: Past Perfect, Microsoft Office, Outlook, Word, WordPerfect, Excel, PowerPoint. Awards: John Q. Adams Memorial Scholarship for Maya Studies and Overseas Research, 2002. . ..... . ... --- Page 40 of 1360 From: phbortz <norep|y@123fonnbui|derio> Sent: Saturday, March 1].2O21 1:20 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/13/2021 Name PAUL8DRTZ Phone number Address S418Tuscany Way 418 Boynton Beach FL33435 United States Email phbVrtz@gmei|.Com Current occupation or, if Retired retired, prior occupation Education 2yrs. College Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou ovvn/rn�na��us|o�� ' No within City ||rnits7 |f"yes",name mfbusiness: Paul HBortz Are you currently serving mna ,es City board? Have you served onaCity board inthe past? ,es |f"yes",which board(m)and when? Have you ever been convicted ofacrime? No if"yes",when and where? Board of Adjustment Advisory Board Planning & Development Board If appointed bwthe City Commission toserve as Board Yes Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications CEO )petroleum Business Served on Fayette County ( Pennsylvania) Planning Commission. Page 41 of 1360 Professional Memberships Chairman Fayette County Pennsylvania American Red Cross Chapter Mayor ( City ofUniontown Pa.) Uniontown School District Board ofDirectors (17years) Feel free toattach/upload an extra sheet or resume. Certification |, 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 aboard. The message has been sent from 108255.54.72 (United States) at 2021{3-1] 13:20:13 on Chrome 89.0.4389.86 Entry ID: 447 Referrer: Form Host: Page 42 of 1360 Stanzione, Tammi From: Sent: To: Subject: Attachments: Ellis, Shayla Thursday, March 18, 2021 7:19 AM Stanzione, Tammy FW: FW: Advisory Board Appointment application image253833.png y0y, I His SWxwhPQ AsOl"t Cly CKK Ulm KIANg AdOww P 0. Box 310 1 Boynhm HNKT, FhrWa 33425 PkNskal Addmw 100 L Ocean Ave, I Bc)yr'Cion Beach, Horkda 33435 Q 061742 606/1 sy EHwS@)hhf1'(JS I Q 111:331111 El 111 W"..;1`11"I"I" 1 11:3 POwe be a&Aed that Nor ida has a bumd puNk records 6a anci aH correspwidencear to tme via may be swbj(,rct to disclosunnOnder Hof ida tecords lziw, ernail addresses are pAhc reands. Therefore, your ewaH communicabon and your e ma address may be, subject to pubhc: disclosure. From: Paul Bortz <phbortz@gmail,com> Sent: Wednesday, March 17, 20215:20 PM To: City Clerk <CityClerk@bbfl.us> Subject: Re: FW: Advisory Board Appointment application Ana interested on staying on Board cat 'appeals. Thank you (A Wed, Mar 17, 2021, 11:05 AN4 City (?Vrk <QyQq±Qbhaxy> make: hello Mr. Bortz' I noticed that you have lmvvk)uMy swwed on the %Ung Mud MQUAnIMIt and Appeals, Yet below y(w have selectal flanAng & Devek,ant Board. Is I& swicoin correct`'. Page 43 of 1360 Stanzione, Tammy V� From: calixtefrancoise <not-eply@123formbuilder.io> Sent: Thursday, March 04, 2021 9:50 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: F-C-D-Resume.docx Today's date 03/02/2021 Name FRANCOISE CALIXTE-DIEUVIL Phone number 768-873-1216 Address 1200 SW 27TH PACE BOYNTON BEACH FL 33426 United States Email calixtefrancoise@gmail.com Current occupation or, if retired, prior Customer Service occupation Education Master in Leadership counseling Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City Yes board? Have you served on a Yes City board in the past? If "yes", which 2016 -present board(s) and when? Have you ever been No convicted of a crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications Page 44 of 1360 Feel free to aIzach/up|oaoan extra sheet or resume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, ifappointed, any false statements may be cause for removal from a hoard. The message has been sent from Tg.I7951.16Z(United States) at2U21fB-04Zl:49:S7unChrome 88J3,4324.18O Entry |D:441 Referrer: Form Host: Page 45 of 1360 Francoise CaliTle-Dieuvil 1200 SW 27111 Place, Boynton Reach FL 33426 ('786) 873-12.16 Etnaikcalixte ]'in a professional with strong leadership, effective relationship building and time management skills. I'm a goal - oriented individual with a plewsarit personality. I'm also a multitasking professional with different languages considered highly ambitious, driven, talented, smart, and a valuable addition to any team. Relevant Skills • Good leadership skills Excellent teannvorkskills Good verbal and written cwninatnication skills Ldacation Palm Beach Atlantic University Master in Organizational Leadership Palm Beach State Collegye Bac,helor in Management & Supervision Associated ol'Art in Health Sciences 2011-2013 Graduated with an honor Works Experience Delra),, Beach cit), Hall (Finance UTB) 2019 -Presew Assist with thepreparation of the annual budg!et Provide general adininistrative inanagentent duties Collecting semiccs'fie Created spreadsheet for collection fee Promote positive employee relations and employee morale on a daily basis, South County, Drub Buse Foundation Inc. 2016-2019 Health Behavior Eelucalorl(,ounseling F &,R Immigration and Notaty, services 2007-2016 provide 4uhninistrative andStaft'Assistant to the whole staff Hely)ing with translation Filing, popei-work and Scheduling appointment Monitoring daily Payroll Church volunteer 2005 -Present Counseling and coaching people with diflirrent needs, TeachingSunday sc,pool .fin- all age group I'lanning,youth activity References Page 46 of 1360 Will be provided upon request Francoise Calixte-Dietivil 1200 S W 27"' Place, BoYnton Beach F'L 33426 7&@&71-1216 RiZferences Carline Joseph, LPN 5756 EDDY CT LAKE WORTH, I'L 33463 (561) 541-0159 L.OUrdie Senecharles, Broker 6080 Moonbeam Dr, Lake Worth, FL 33463 (561) 305-2928 Page 47 0 1360 Fedna Orelus, RN 7721 N Military TrI, West Palm Beach, Ff., 33410 (561) 346- 0708 Page 48 of 1360 From: eugene <noreply@123forrnbuilder.io> Sent: Thursday, March 11, 2021 133 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Resume-ERF-2020.pdf Today's date 03/11/2021 Name eugene fagan Phone number 561-385-4514 Address 101 S. Federal Hwy APt 319 BOYNTON beach Florida 33435 United States Email eugene@FaganArchitect.com Current occupation or, if retired, prior Architect occupation Education B -Architecture + B -Design Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within Yes City limits? If "yes", name of Fagan Architect business: Are you currently serving on a City Yes board? Have you served on a City board in the Yes past? If "yes", which Recreation and Parks board(s) and when. Have you ever been convicted of a crime? No If "yes", when and where? Advisory Board Recreation & Parks Board 9 Page 49 of 1360 if appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? Personal | have been aFlorida Architect 1G68>since 1987and practice inBoynton Beach. Qualifications I am also an adjunct professor at PBSC (since 2010), who teaches \'Revit\' ( a computer drawing program} Professional Memberships Feel free tn attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. Y understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 5.5249.37(United States) at2O3l-09-2113:3Z:33onChrome 8B.O.4]Q9.8Z Entry ID: 445 Referrer: FonnHost� Page 50 of 1360 Ian* l=E111 Salomone &Associates 1984-1986 (Out of business) Intern and Designer Designed office buildings Designed strip centers Eugene R. Fagan, Architect 1986-2000 4152 W. Blue Heron Blvd, Riviera Beach, Florida 33404 Sole practitioner of a three-person firm. Designed estate homes. Designed strip centers Designed office interiors. Developed small homes with the city of Rivera Beach as affordable homes STH/ACI Architects- October 2000- January 2006 515 N. Flagler Drive suite 1400, West Palm Beach, Florida 33401 (bought out in 2008) Staff Architect at the third largest Florida based architecture firm. Produced construction documents on large condominium projects. Reviewed construction coordination on site. Maintained architectural catalog library, company intranet, and digital resources. Eugene R. Fagan, Architect -January 2006-2013 Sole practitioner Architect and Developer Developed estate homes. Developed 8 story residential condominium Developed 5 story office condominium Adjunct professor at Palm Beach Community College, Trade & Industry Continuing Education (evenings) Song + Associates 2013- 2014 400 South Australian Avenue, 6t�' floor, West Palm Beach, Florida 33401 Production Manager Project Manager of South Bay Villas affordable residential apartments Project manager of Marshall Heights affordable residential apartments Drawing production manager of Evernia senior (8 story) apartment buildirl Construction Administration of Evernia senior apartment building Eugene R. Fagan, Architect -January 2015-2019 Sole practitioner Architect and Developer Developed 144 low income apartments for the Pahn Beach County Housing Authority. Developing 74 work force housing apartments for the Rivera Beach Housing Authority. Developing 96 work, force housing apartments for the Rivera Beach Housing Authority. M111 lill lill:11111 I Jill Page 52 of 1360 La,te,Lf Projects _ liardDrives Maintenance Facility .-- 25,000 S.1', maintenance building and 2,000 S.F. office building completed 2017, value is private South Bay Villas Buildings I & 3 -- 16 multi-farnily residential Units in South Bay, Fl completed October 2015, value $2,100,000 (for Palm Beach County Housing Authority) New South Bay Villas Buildings 2, 4-16 multi -family residential units in South Bay, fl Consturction starts March 2017 (for Palm Beach County Housing Authority) Housing and Urban Development CNI report and proposed plan -- Belle Glade, Fl Master plan and report completed July 2015, value $400,000,000 Big Dog Rescue Ranch - 200 dog housing in Loxabatchee, Fl Construction started March 2016, value 12,000,000 Schall Landing - 3 ADA duplex buildings in West Palm Beach, Fl Zoning and architectural plans completed July 2016, value $1,200,000 (for Palm Beach County Housing Authority) South Bay Commercial -- 98 acres of'comrnercial development master planning in South Bay, F] plan acepted by the City Council February 2017, value $40,000,000 (at build Out) Drexel Senior Apartments and offices- 100 additional senior apartments in West Palm Beach (Area) for the Palm Beach (:'aunty I OUnty Housing Authority, Also, new offices for the PBCHA. Master plan completed 2016, value $50,000,000 Communitv Servic-, International design projects (pro bona) Design andproduce construction docuinentsfin, a clinic, in, 11(iiii.lbi.Double,[-I(irve,s,t Design and plan an expansion of a bible college jbr the Afticun Bible C Vlege in Uganda. Design and plan a summer cantp,for children in Beirut, Lebanon. EMI Missionary team trips(pro Bono) Design and plan an e.ypansioncif ' I 77"A Unhversily in Guatemala Ci�y Design and n7aster plan a church andschoolfin- Mona Allission. in Esquintla, Guateniala Produce pluinbing diagrainsfbi- construction fi)rShadow o 'his u,ings orphanage in Guateinala Design and muster planned Westniin,,sur Theological College in Ugan0a Design and master plannedSainjiw college in Zambia Designed and planned (.'I7ildt-(,,i74,Ychooll)t-itnuty education in Dodonut, /mania Page 53 of 1360 From: kfischer185 <norepIy(c 123formbUiIder.io> Sent: Tuesday, February 02, 2021 4:11 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: KevinWFischer-ResumeJune202O,pdf Today's date 02/02/2021 Name Kevin Fischer Phone number 404-502-7897 Address 1 LAWRENCE LAKE DR Boynton Beach FLORIDA 33436 United States Current occupation or, if retired, prior Deputy Planning Director, Palm Beach County occupation Education Masters Degree in Urban and Regional Planning; Bachelor of Science in Business Administration Are you a registered Yes voter? wit you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? Are you currently serving on a City No board? Have you served on a C City board in the Yes Mast? If "yes", which Planning and Development Board (June, 2015 to December, 2018) board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Planning & Development Board R Page 54 of 1360 Personal | have worked inthe planning field for nearly 1Syears, with aroughly even split between the Qualifications private sector, specifically consulting firms, and the public sector. ihave also served onthe Boynton Beach Planning and Development Board previously, two years of which I served as Vice Chair, but resigned in 2018 due to a number of evening meeting conflicts with my job at that Professional American Institute of Certified Planners /A|��\ Memberships` ' Feel free to attach/upload an extra sheet or resume. Certification |, the applicant, hereby certify that the staterments 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 99,114.Z24.6l(United States) at2021f]2-02IG:IO:S2onChrome D6�.424O.111 Entry ID: 428 Referrer: Page 55 of 1360 Stanzione, Tammy From: go|enegordon^norep|y@123foonbui|der.io> Sent: Sunday, March 07,2D21 114 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/07/2021 Name GOLENE GORDON l3OLAKE MONTEREY QR Boynton Beach Florida ]3426 United States Email g¢|enegmrdmn@gma|icorn Current occupation or, if retired, prior occupation Are you a registered voter? Yes Doyou reside within the Boynton Beach C�vUmm�s7 �— Doyou own/manage abusiness No within City limits? |f"yem",name ofbusiness: Are you currently serving on a Yes City board? Have you served onsCity ,es board inthe past? If "yes", ' `— Art commission 2O16 -2O18 when? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Qualifications After a successful journey at the CRAAB Board, | am seeking re -appointment for another term of leadership. Given my background in real estate and achievements with the CRA4Bincluding the great employees ofthe CRA. To date, | have enjoyed the strategic planning and amproud ofthe organizational goals we have met and exceeded together. when reappointed |vvwu|d like tocontinue this tradition of success by further refining and streamlining our metrics and approaches to truly evaluate and maximize the irnpact of what we do in the City of Page 56 of 1360 Boynton Beach. I have my finger on the pulse of innovations and solutions that can help the City ofBoynton Beach accomplish its objectives and more. Feel free bo attach/up|oadam extra sheet or resume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. |understand that, if appointed, any false statements may because for removal from aboard. The message has been sent from IZ27.I6.125(United States) at2O21-0B-0V1]:l3:3lonChrome 88.O.43Z4.19U Entry ID: 443 Referrer: Form Host: Page 57 of 1360 From: /sandg«nonepIy8D123fonnbuiNedo> Sent: Saturday, March 13.2O21 5:39 PM To: City Clerk Subject Advisory Board Appointment application Today's date 03/13/2021 Name SanfordGuritzkv Phone number 561-734-8899 Address 14Estate Dr Boynton Beach Florida 33436 United States Email lsandg@comcast.net Currentoccu��t�no�� ' Retired - Developer, builder E6property management retired, prior occupation Education College degree Are you a registered voter? Yes Doyou reside within the Yes Boynton Beach City limits? Doyou ovxn/mmana��u�in�so ' No within City limits? If "yes", name of business: Are you currently serving on a Yes City board? Have you served on City Yes board inthe past? |f"yes"^which board(s)�nd ^ Currently serving onBuilding Board mfAdjustment 8'Appeals when? Have you ever been convicted No of a crime? If "yes", when and where? Commission toserve as Board Yes Chair orVice Chair are you — willing to serve in this capacity? Personal Qualifications |nconstruction, property management and design for 43years Professional Memberships 1 Page 58 of 1360 Feel free toattach/upload an extra sheet or resume. Certification |, the applicant, hereby certify that the stotementsand answers provided herein are true and accurate, I understand that, if appointed, any false statements may be cause for removal fromaboard. The message has been sent from 134,6G.I4G25Z(United States) ai2O21-0S'1317:39131onChrome 8S.(l4389.72 Entry ID: 440 Refer ec Form Host:qjtpj�g�t- cation N Page 59 of 1360 Stanzione, Tammy From: jjosemond <noreply@123formbuilder.io> Sent: Thursday, February 04, 2021 2:05 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/04/2021 Name Joe Josemond Phone number 561-543-8531 Address 1521 NE 2nd St Boynton Beach FL 33435 United States Email jjosemond@gmail.com Current occupation or, if Administrative Asso. retired, prior occupation Education Master Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: No Are you currently serving on a No City board? Have you served on a City NO 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 Board Community Redevelopment Agency Advisory Board Personal Qualifications Leasing Agent with EDr Trust for 5 years. I maintain records related to sales and rent payment. I also answer plethora of questions regarding to living accommodation in the city of Tallahassee. I also ensure that safety and security are maintained, reporting all problems/hazards immediately regarding the property. Professional Memberships Masonic Lodge 1 Page 60 of 1360 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 50.237.191.154 (United States) at 2021-02-04 14:05:13 on Chrome 88.0.4324.104 Entry ID: 430 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214 Page 61 of 1360 Stanzione, Tammy From: adar-n.kerr <noreply@123formbuilder.io> Sent: Friday, March 26, 2021 8:41 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/26/2021 Name Adam Kerr Phone number 561-876-6585 Address 1 Lawrence Lake Dr Boynton Beach Florida 33436 United States Email adam.kerr@kimley-horn.com Current occupation or, if Transportation Engineer retired, prior occupation Education BS Civil Engineering from Clemson University (2001) Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do• you own/manage a business within City limits? If "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Penny Tax Citizens Oversight Board when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board please select... If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I currently serve as the chair of the Penny Sales Tax Citizens Oversight Board. I am actively involved in the development community as a Traffic Engineer, with nearly two decades of experience. I understand public infrastructure planning, needs, and I Page 62 of 1360 processes. Furthermore, asaresident ofCity |amalways looking for ways to service rnyneighbors and the City. Professional Memberships Palm Beach County Planning Congress, Member and Past -President ForumClub ofthe Palm Beaches Professional Engineer registered in Florida Feel free toattach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, if appointed, any false statements may because for removal from a board. The message has been sent from 4.7.442lD(United States) et2O21-03'26O741:26onChrome 8lO.430g.9O Entry ID: 4SZ Referrer: Form Host:men Page 63 of 1360 Stanzione, Tammy From: court <noreply@123formbuilder.io> Sent: Tuesday, February 09, 2021 11:20 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/09/2021 Name Courtlandt McQuire Phone number 954-465-4369 Address 506 WHISPERING PINES ROAD Boynton Beach BOYNTON BEACH, FL 33435 FL 33435 United States Email court@redbaradv.com Current occupation or, if rAdvertising and marketing retired, prior occupation Education BA Univ of Kansas Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If "yes", name of business: Red Bar Integrated Marketing Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Chair of the Arts Board when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Planning & Development Board Personal Qualifications I have extensive knowledge in the development of PUDs, from mixed-use, to residential and commercial/retail. I have marketed many South Florida developments in the past. Also in other states. Here is my Linkedln: https://www.linkedin.com/in/courtlandt-mcquire-0571259/ 1 Page 64 of 1360 Professional Memberships • Chairman of the Arts Board - this is my 3rd year serving the BB community. 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 73.46.67.206 (United States) at 2021-02-09 11:20:16 on Chrome 88.0.4324.96 Entry ID: 431 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214 Page 65 of 1360 r ^ City 0fBoynton Beach: Advisory Board Appointment Application Thank yc)u for your interest in serving on one of the City's Advisory Boards and for, Laking the tirne to fill out this form. If instructions are not followed o/the application isnot filled out inits entirety, the forty) will bereturned for clarification. EMAIL DI!.SCLAIMER: Please be advised that urider Florida law, e-rnail addresses are public records, 11 -you do notwantyour e- rnail address released in response to a public -records request, do not send electronic mail. Instead, cuntactrhe City of Boynton Beach offices by phone or- in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave,, BoyntunBeach, FL3343S. Mailing address: P.O. Box 3 10, Boynton [3each, FI- 33435-0310 1 Flhone: (561) 742-6060 1 City Clerk FAX: (561) 742-6090 Today's date O1127�O2} Name* ma�k Wye Phone number 561 681 3846 Address Exempt from Public Records [}iSd0suFe Under Section 1 1S.071(4)(d) F.S. Boynton Beach R 33435-2848 cmunu? � cnaU mai,kmey(!r192@&maUxom Current occuuovor, if retired' Land Use Kanner prior occupation Education Bad`dot sorBusiness »dmin\sno^don|n5nancewith aMinor |nBusiness Law Are you aregistered voter? t9Yes No ooyou reside within the Boynton Yes No Beach City limits? ou you own/managenbusiness xs mu within City limits? Are you currently serving mnaCity Yes ('7) No board? Have you served onaCity board in ns N the past? Page 66 of 1360 Have you ever been convicted of a crime? Advisory Board Please indicate which advisory board you are seeking appointment. Yes () No Planning & Developtfre.nt Bc�aid For board listing, requirements, responsibilities and ineeting tirnes and dates, please visit Personal QUalifications VV I a v, pe I so n a I ( I:', I, I l ifi f "i ti co I I S d o you 0 o" pr(jlec,,Ion, previous I')r �i rK h of rn i I ta i y Vuce or on) vhidi yw,i Po„ fl ,voukd nrai y,iL,j �c)ud (ondldov� iol chis Professional Memberships Please list any professional memberships. Feel free to attach/upload an extra sheet or resume, V I have had an extensive career in real estate development, (' onstructiorr, anci land use. Currently, I arra a Land Use Planner for Pairri Bc,,ach County where I review Class A Conditional Uses applications; (Rezoning Appikation, Abandonments, inter alia), Variant -es & Waivers applications, Development Review Officer ("DRO") Approvals, and other Development Orders. I utilize Florida State Statutes, the Florida Building ('-odes, the Palm Be.acir County Code of: Or dinances, the, Unified Land Developi-nent Code, at) d the ( ' -omprehensive Plan or) a daily ba�sis. Prk)r to myemploynient with Palin Beach County, I worked in the constru(Ircri industry focused on large scaler re sidetntial projects and low -intensity corninerbal (:onstruction. My educiationa6 backgi ourid consists of as BBA in Finance with a Minor it) Business Law frorn FAU. I an) cui i ently att.eridkog FAU to cornj:)Iete my MBA with a specialization in Busmess Analytics (which will be complete it) Spring 2022). My education and experience, Coupled with my passmn fear tine irrilorovernent and i: Liccess of: the City of Boynton Beach, would [xove to be an asset: for the Planning & Developirrent Board, I hank you for yow corv,;icle(atjon arid I look foirwal d to hearing fir: you, Menilt)or of the Arnoi can Planning Association, Member ship ID� 352442 2017 Mernhei of the American Finari(e Association, Merribeiship ID: 54016478 2016 Choose files or drag here Your con-,pleted Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification* 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate, I *Response required understand that, if appointed, any false statements may be cause for removal frorn a board, 1, the applicant, DO NOT certify that the staternents and answers provided herein are true and accurate. Page 67 of 1360 Stanzione, Tammy 111 -1 --- From: trevroye <noreply@123formbui|decio> Sent: Friday, February 26'2O21 10:09 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/26/3022 Name Trevor Rosecrans 7O3SVV4th Ave Boynton Beach FL - Florida 3342G United States trevrose@beUsouth.net Civil Engineer Are you a registered voter? Yes Doyou reside within the ,es Boynton Beach City limits? Doyou own/manage abusiness Yes within City limits? |f"yes",name ofbusiness: RCS LLC Are you currently serving ona Yes City board? Have you served ona City Yea board |nthe past? U"yes",which board(s)and 6+ years on Planning & Development Board, Originally appointed December 2014, when? Acting Chair. Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Planning & Development Board Personal Qualifications Licensed civil engineer and lifelong resident of Palm Beach County. Professional experience in land development, water resources, environmental engineering. Professional experience with South Florida Water Management District, Army Corps of Engineers, Florida Department of Environmental Protection, Palm Beach County and other municipalities and regulatory agencies. Currently the "senior" member and acting chair mfthe rity\'sPlanning & Development Board, 1 Page 68 of 1360 Professional Memberships American Society ofCivil Engineers Leadership Palm Beach County TauBetaP|-EngineehngHonorSociety Feel free b»attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73113O.13G(United States) at2OZ1'OZ-2622:0836onChrome 88.O.4324.19O Entry ID: 497 Referrer: Form Host: Page 69 of 1360 From: saddams <noreply(a123forr-nbuilder.io> Sent: Wednesday, March 24, 2021 3:55 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/24/2021 Name Saddam Silverio Phone number 954-557-3054 Address 200 Ocean Parkway Boynton Beach Florida 33435 United States Email saddarns@live.corn Current occupation or, if Manager retired, prior occupation Education College Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Art Advisory Board, 2019 when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Art Advisory Board if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Professional Memberships 11 Page 70 of 1360 Feel free toattach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from 73.56.3O.Z22(United States) at2O21-0B-2414:S4:3ZonChrome 89.O.4389.1OS Entry ID: 45l Page 71 of 1360 Stanzione, Tamm From: simo9884/noreply@123fonnbuiNerin» Sent Tuesday, March 02, 2021 9:52 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/02/202I Name Chris Simon Phone number 561-436-7580 Address Z22NVV1st Ave K "yes", name of business: Boynton Beach FL - Florida 3343G Are you currently serving ona United States Current occupation o� � ' PrnjectManager-LendscapcArchitectune retired, prior occupation Education BA - Palm Beach State College - Completion of Graphics Arts, Fine Arts Programs Are you a registered voter? Yes Doyou reside within the Yes Boynton Beach City limits? Doyou ovvn/mnan��busine�m ' NV within City limits? K "yes", name of business: Are you currently serving ona Yes City board? Have you served onaCity Yes board |nthe past? |f"yes",which board(s)and Most recent position: Planning and Development Board which my term is just ended, when? Have served onthe Library Board prior tothis appointment. Have you ever been convicted No ofacrime? lf"yes",when and where? Advisory Board Planning [& Development Board Personal Qualifications My past experience in environmental conservation working in dune restoration and repopulating endangered species of native dune vegetation provides an insight to sustainability and green space needed in the current development climate. This perspective intertwined with mycollege and post college education and experience within the world of the arts (photography, painting, ceramics and all forms of digital arts and marketing) currently meshed with my experience and knowledge of 1 Page 72 of 1360 architectural and landscape architectural design and construction provides a unique opportunity and insight that has proven tobeabenefit tothe planning and development board during myterm. Feel free toattach/upload en extra sheet or resume. Certification |, 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 The message has been sent from G6.176.471l8(United States) atZO21-O3-OZ21:5l:4BonChrome 49.O2623.112 Entry ID: 438 Page 73 of 1360 From: YVDNNESKDVRON<norepk/@123fonnbui|decio> Sent: Monday, March 29,2021 316 PM To: City Clark Subject: Advisory Board Appointment application Attachments: Casa-Costa,,,,Board-Resume-,2020.docx Name YVONNESKOVRON Phone number Address 3SONFEDERAL HVVYAPT 14OS B0YNT3NBEACH FL334]5 United States Email YVONNESKOVKOM@GK44|L.CC)K8 Current occupation or, if retired, prior Realtor occupation Education Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Doyou own/manage a business within City No limits? |f"yem",name mf business: Are you currently serving ona City No board? Have you served Vwa City board in the pasP No |f"yem",which boandh> and when? Have you ever been No convicted of a crime? |f"yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board ifappointed bythe Yes City Commission tp 1 V/ / Page 74 of 1360 serve as Board Chair or Vice Chair are you willing to serve in this capacity? Personal QualificationsAs a full time realtor for the past 14 years and having lived in Boynton Beach 6.5 years.My request to join committee is to provide input from the residents on how they see the growth of Boynton Beach, to be able to educate the rescinders on all the ew developments that is being present tothe committee I have served on the Board of directors in the building wherel reside for 4 years, 3years as President and this year asSecretary. Giving back |svery important tome I would appreciate your consideration Feel free bm attach/upload an extrah p sheet or resume. Certification |, 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 170.250,59,I37 (United States) at 2021-03-29 14:15:5QonSafari 14.0.3 Entry ID: 454 Referrer:�,qgh.qg -and-committees Form Host: Page 75 of 1360 %ONNE SKOVRON0ps sRsTRc 350 North Federal Highy�qy,�,�pit I feel that I will be a continued asset to the community as we move forward with care and upkeep of the structure, upholding of rules/regulations, and maintaining the overall value of the property which will solidify ownership pride and satisfaction. |vvi|| bring mypast experience and knowledge ofthe HOA strUCtUre and organization to the Casa Costa board if reelected. I shall strive to continue my achievements below as the 2019-2020 President: • Leading open Board meetings, where residents can participate and ask questions • Being cost conscience, and promoting building efficiency • Continuing to improve the buildings appearance, to increase Real Estate values • Completing storage cage project in Dec/Jan 2020 without increasing HOA fees • Working asthe board liaison, onsocial events and staff moral • Working onenhancing our community • Getting vendors tosponsor events/parties • Being oncall 24/7 • |mp|emenhngNew Rules &Regulations. • Striving to increase communication with all owners and our staff and when issues or concerns arise ensuring a resolution isobtained As a tenured property owner with multiple real estate holdings, past and present, I have had the opportunity tointeract and serve onseveral HOA boards and committees: 0 President ofLasoCosta iu20|7-2OlOand 2Ol0-20l9. w Finance Committee a1Casa Costa in2Q16. 0 2OO]-20l4Savannah Violations Committee # 2UOl-2OU2Condo Finance Committee * 2000-2011 served on various interactive committees such as: landscaping, social, rules & regulation. The ability to get along with others, and identify common ground, especially in a group environment enables groups toSucceed. I entered the real estate arena in 2007, a difficult time in the economy, though I succeeded by developing my expertise in short sales and certified distressed properties. Over 90% of my accounts closed through one on one detailed interaction. I am currently a realtor with Douglas Elliman, and I have bought, sold and listed several units here at Cosa Costa not only for my clients but also for myself. — Thank you for your consideration of my petition to continue as a Board Member, President of Casa Costa Stanzione, Tamm From: etombari2019 <noreply@123formbL)ilder.io> Sent: Wednesday, March 03, 2021 1:51 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Profile-l.pdf Today's date 03/03/2021 Name Edward Tombari Phone number 312-513-6715 Address 1635 Renaissance Commons Blvd Apt. 408 Boynton Beach FL 33462 United States Email etombari2019@gmail.com Current occupation or, if retired, prior City Planner occupation Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a No City board in the past? No "yes", which board(s) and when? Have you ever been Yes convicted of a crime? If "yes", when and 2nd Degree Misdemeanor for DUI in Arlington, VA, September 2015 conviction. where? 0 I--x-1JEMMM7#M3M=# 0 Page 77 of 1360 Personal Urban Planner with 25 years experience in the planning profession, currently employed with Qualifications City ofGneenacnes, Florida asZoning Administrator. Six years experience working closely with Planning and Zoning Commission aaSenior Planner with the City ofPalm Beach Gardens wnnew development approval, Demonstrated history of working in the architecture & planning industry. Skilled in Mixed-use, Land Use, Educational Workshops, Landscape Planning, and Comprehensive Planning. Strong operations professional with a Master's Degree focused in City/Urban, Community and Regional Planning from University ofMichigan. Professional A|CP Memberships Feel free to adach/up|oadan extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 151.132.1.G5(United States) atZOZ1f]3-0813:51:06onChrome 88D.4B24.I9D Entry ID: 439 Referrer: FnrmHost� Page 78 of 1360 Stanzione, Tamm From: lorisigns <noreply@123formbuilder.io> Sent: Friday, March 26, 2021 1:00 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/26/2021 Name Loretta Wilkinson Phone number 561-376-6208 Address 2458 SW Cranbrook Dr Do you reside within the Boynton Beach FL 33436 Boynton Beach City limits? United States Email lorisigns@gmail.com Current occupation or, if Financial Svcs retired, prior occupation Education MA Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? No if "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? if "yes", which board(s) and EYAB when? Have you ever been convicted of a crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications 20+ yrs on the board Professional Memberships 0 Page 84 of 1360 ,,xtra sheet or resume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements rnay be cause for removal from a board. The message has been sent from 18777215.ZO3(United States) at2OZ1-Q3'26 12l0:16onChrome89D.4389.90 Entry ID: 453 Referrec Form Host: Page 85 of 1360 Stanzione, Tamm From: a|exandha1xvi|son<nonepk/@123fonnbui|derio> Sent: Wednesday, March 31.2O21 1:53 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 83/31/202I Name Alexandria Wilson Phone number 561-202-5753 Address 204ONVV2nd Ct Boynton Beach FL33435 United States Email a|exandria1.vvUson@gnnai|.com Current occupation or, |f . PngectK8anager retired, prior occupation Education bachelor degree inConstruction Engineering Are you aregistered voter? Yes Doyou reside within the Yes Boynton Beach City limits? Uoyou oxvn/rnan��u�|ne�s . Yes within City limits? |f"yes"'name ofbusiness: Developing With Honey LLC Are you curnenL|vserv|n��n� � ,es City board? Have you served ona City Yes board |nthe past? |f"yam" xuh|cMbo�rd(s>�nd ' ' Citiren\'s Oversight Committee when?' Have you ever been convicted No of crime? If "yes", when and where? Advisory Board Citizens Oversight Committee if appointed by the City Commission hoserve as Board Yes Chair orVice Chair are you willing to serve in this capacity? Personal Qualifications Professional Memberships 0 Page 86 of 1360 Feel free toattach/upload an extra sheet or resume. Certification |, 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 1O7J72lS.56(United States) at2O21-O3-31l2:5]:28onChrome Q9.O.4389.9O Entry |D:45S Referrer Form Host: Page 87 of 1360 6.A. Consent Agenda 4/6/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Legal Expenses - February 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint D I Attachirneint D Attachirneint D Attachirneint Description (-.,) ire,n Cheirof 1:::::ebirUiairy 2021linv(.:)ices (3)oire'n Cheirof Il isk I itigation 1:::::ebirUiairy 2021 Inv(.:)ices OUltside COL.JinseIMc,1::::adden 1:::::ebirUiairy 2021 OUltside COL.Jinse(-,)eiraci 1:::::ebirUiairy 2021 Page 88 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General 02/04/2021 JAC Call's and review with Julie O. regarding employee action and options; Provide draft document ACCOUNT NO STATEMENT NO 02/08/2021 JAC Conference call and follow up regarding CG separation agreement 02/10/2021 JAC Calls, correspondence, and prep regarding CG separation agreement 02/15/2021 SHB Telephone conference with Spates re: IA matters. JAC Miscellaneous review and assistance with severance agreement content and process; 02/16/2021 SHB Draft language re: IA/discipline matters and send to Spates for review. 02/19/2021 JAC Prepare for and follow up Telephone conference with city staff regarding investigatory statements and police officers bill of rights FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 4.70 $205.00 SHANA H. BRIDGEMAN 0.60 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-0603180 34866 HOURS 1.10 1.00 0.80 0.30 0.80 0.30 1.00 5.30 1,086.50 TOTAL $963.50 123.00 1,086.50 $1,086.50 Page 89 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO 02/01/2021 PE Updated tracking log. Sort organized and prepared 88 notices for 2/9/2021 hearing for SHB approval. Sent pro se notices to printer for mailing. Converted notices to PDF/A and e -filed. Updated SHB calendar. SHB Various correspondence with Greenberg re: case settlement matters. 02/10/2021 SHB Various correspondence with PD re: upcoming trials and trial reset dates 02/11/2021 PE Looked up 131 subpoena cases on the clerks website. 02/12/2021 PE Sorted and organized 131 notices. Prepared 39 prose notices. Sent to printer for mailing. Converted to PDF/A and e -filed. Updated tracking log, updated SHB calendar. SHB Review and approve NOls. 02/15/2021 SHB Review and approve NOls. PE Sort organized and prepared 36 Boynton notices for 2/23/2021 hearing, converted to PDF/A and e -filed. 02/16/2021 MDC Review draft Fifth Amendment to Contract with ATS/Verra; review form language for E -Verify; prepare proposed revisions to amendment documents. PE Sort organized and prepared 45 Boynton notices for 2/23/2021 hearing, converted to PDF/A and e -filed. Sent prose notices to printer for mailing. SHB Discuss pending NOI matters with PE and HN. Review and approve NOls 02/18/2021 MDC Telephone call with Assistant Chief on questions for Renewal Agreement. 02/24/2021 MDC Review status of Contract Amendment; review NOls with HN. 02/26/2021 PE Sort and organized 157 notices for 3/9/2021 hearing. Looked up each case on clerks website. Updated tracking log, updated SHB calendar. MDC Complete review of contract; prepare comments and forward to the City for further review. 02/28/2021 PE Prepared 34 notices for 3/9/2021 hearing. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 2.00 $205.00 Page: 1 03/02/2021 306-0806020 34867 HOURS 8.00 0.20 0.20 3.60 7.00 0.30 0.30 4.10 0.90 6.80 0.60 0.30 0.30 7.30 0.50 2.00 42.40 5,588.00 TOTAL $410.00 Page 90 of 1360 CITY OF BOYNTON BEACH Red Light Cameras TIMFKFFPFR SHANA H. BRIDGEMAN PATRICIA EUGENE Photocopies TOTAL EXPENSES THRU 02/28/2021 TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO: HOURS HOURLY RATE TOTAL 1.60 205.00 328.00 38.80 125.00 4,850.00 Page: 2 03/02/2021 306-0806020 34867 21.70 21.70 5,609.70 $5,609.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 1360 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 03/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 34868 Attn: Lynn Swanson General Matters HOURS 01/25/2021 RLL Work with client and underwriter to determine legal descriptions to be searched for grant application and obtain quote for same. 0.30 02/01/2021 DS Discussed Kelly Janitorial Agreement with L.S. 0.10 HN Review of claim for surplus funds relating to 105 NW 5th Ave. Email exchange with JAC. Email to Mayor Grant cc JAC with the city's claim to surplus funds from tax deed sale. 0.50 JAC Per for and attend virtual staff meeting; follow up with SB regarding commission agenda issues; call with Andrew Mack regarding pending issues; follow up regarding chair and vice of Library Board; review youth orchestra agreement issue; follow up review of documents regarding water infrastructure in Ocean Ridge; review staff issues regarding past due balances for state agency accounts; preliminary review of Patti and Harry Schneider issue; follow up with HM regarding surplus funds; Evaluate shift swap issue raised by GB and prepped for discussion with Julie O.; 5.50 SHB Telephone conference with Roehrich re: animal control matters. Attend staff meeting. Discuss agenda items with JAC. 1.50 02/02/2021 DS Reviewed and revised water service agreements. Discussed water service agreements and demand letter with City. Reviewed and analyzed ITB 03-2511-19 and Kelly Janitorial Submittal. Discussed Kelly Janitorial with J.A.C. 2.50 QEM Review of fire rescue fee issue; correspond with Ms. Swanson re: matter. 0.90 SHB Prepare for commission meeting. Review agenda and prepare remarks re: freedom of assembly and freedom of speech. Attend Commission meeting. 5.50 JAC On-site office administration; review signature documents; discuss assignments with LS and assistant city attorney's; review for city commission meeting and discuss with SB; Review Headstart lease termination language; discussed BB foreclosures with paralegal; review status of same; 4.50 02/03/2021 QEM Review and evaluation of Calvin Giordano Agreement; respond to staff re: matter. 2.70 DS Drafted email re: Kelly Janitorial Agreement. Reviewed price schedule for Kelly Janitorial Agreement. 0.70 JAC Follow up with SBA and LS regarding city commission agenda and meeting issues; review ocean ridge water service and infrastructure ownership issue;Follow up with MC regarding bamboo Palmer issue; review Exemption from late fees/collection issue utility accounts by state agencies; follow up with Colin Groff regarding same; Review IT ILA and respond to Mara Frederiksen; 3.50 Page 92 of 1360 Page: 2 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34868 General Matters HOURS SHB Discuss commission meeting and pending matters with JAC. 0.10 02/04/2021 DS Reviewed and analyzed Kelly Janitorial RFP and Bid submittal. Discussed Kelly Janitorial Agreement with City. Drafted letter re: Kelly Janitorial. 3.90 HN Review of email exchanges with Mike Rumpf and Adam Temple regarding the sign code ordinance draft. Review of memo DT drafted on the subject matter. Phone discussion with Mike Rumpf regarding his question as to rules and boundaries on particular signs and need for consistency. 0.50 JAC Review artist agreements; review with LS regarding pending matters and with SB regarding city commission meeting; review pending correspondence and litigation assignments for assistant city attorney 1.50 SHB Receive and review various documents. Telephone conference with Slater re: redactions. Review exemption options and follow up with Slater. 1.00 02/05/2021 DS Drafted email re: Kelly Janitorial Invoices. Reviewed Canon revisions to addendum. Finalized Canon Addendum. Reviewed Kelly Janitorial Invoices. Discussed Kelly Janitorial Invoices and demand letter with City. Revised Kelly Janitorial demand letter. 3.50 JAC Call from PD regarding illuminated sign on city property; miscellaneous review; Follow up regarding Kelley janitorial services amendment; call with Diaz regarding towing; Review status of pending assignments and staff issues; follow up with LL regarding employment issue 3.20 02/08/2021 DS Revised Kelly Janitorial Demand Letter. Drafted email re: Kelly Janitorial Demand Letter. Discussed Demand Letter with the City. 0.80 QEM Review of email correspondence from Mr. Denahan re:134 SE 14th Avenue; organize material for CAO discussion 0.60 GB Reviewed BOYNTON BEACH CITY LITTLE LIBRARIES POLICY. Email to City regarding policy. 0.20 RLL Review plat of Quantum property and confirm parcels to be searched for LWCF grant application and order title search on same. 0.40 JAC Office Administration and CAO assignment review with LS and assistant City Attorney's; review drowning prevention contract; discuss archive email search with office manager 4.00 02/09/2021 DS Finalized Kelly Janitorial Demand Letter. Coordinated transmission of letter. 0.70 SHB Review and revise FARO agreement; follow up with PD. 0.80 JAC Preliminary review of agenda items; miscellaneous research regarding easements; review statutory provisions regarding general releases and parental consent; follow up regarding demolition of property; follow up regarding revisions to Kelly janitorial billing and Porter services agreement; review FARO agreement; follow up research regarding force majeure contract cancellation research; follow up regarding bamboo palm rolling issues; 4.70 02/10/2021 HN On site office hours. Review and approval of agreements. Edits to sign code ordinance. Comparison with Wilton Manors sign code ordinance. Email to Mike Rumpf with Wilton Manors sign code ordinance. 3.70 DS Drafted email re: Kelly Janitorial Agreement. 0.10 JAC Commission meeting agenda item review, research, and approval;Prep for pending litigation review conference with attorneys 4.50 SMS Call related to Resolution drafting question 0.10 SHB Review and approve various agenda items. Discuss upcoming commission meeting with JAC. 1.50 Page 93 of 1360 Page: 3 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34868 General Matters �� 02/11/2021 SHB Attend Chronic Nuisance meeting. Discuss abatement matters with BJS. Discuss Art Advisory Board with JAC and Kathryn. Follow up re: robert's rules matters. Attend Art Advisory Board meeting. 4.00 JAC Review arts board agenda and discuss with SB; review proposed legislative bills for municipal impact; forward vacation rental bill to development staff; Review Florida regional lawn Forssman exchange system MOU; review Townsquare phase 2 submittals and correspondence with Rich Kasser; continue review of assistance CityAttorney discussions with staff regarding bamboo and Palmer Lane; review MLK Junior Boulevard proposed project correspondence; 5.00 02/12/2021 DS Discussed Kelly Janitorial billing dispute with City. 0.50 JAC Review final city commission agenda and prepare for commission meeting; miscellaneous prep regarding future agenda items; continue search and drafting opportunities regarding regulation of monuments on city property and parks; review confidentialities nondisclosure agreement international hotel partners; follow up research regarding same; follow up regarding scheduling of PERC hearing regarding unit formation; miscellaneous review of CAO assignments and activity; miscellaneous office administration issues with Lynn Swanson 4.00 02/15/2021 SHB Follow up with Matos re: Art Board matters. Follow up with Ellis re: PRR matters. 0.30 JAC Review pending matters and assignments; follow up on a scheduling for police captains bargaining unit PERC hearing; 4.50 02/16/2021 DS Drafted email re: Syndetics and Gale agreements for the Library. 0.40 QEM Review and evaluation of email correspondence from Mr. Denahan re: water lien issue; coordinate with Ms. Swanson on matter. 0.50 SHB Review traffic calming documents and discuss with Dunmyer. Follow up re: chronic nuisance agreement amtters. 1.00 JAC Prepare for, attend, and follow up city commission meeting; conference call with LL and JO re: CD severance; review agreement for deed issue; review public record exemption related to economic development, chapter 288 Florida statutes; review Bernard Wright correct of action issue 6.40 02/17/2021 JAC City commission meeting follow up; review status of Code Compliance special magistrate schedule; review and confirm PBA hearing schedule; review employment and rehire issues; review regarding insurance defense in homecoming in appeal; review HN issues regarding Karen Ho case; evaluate SB pending assignments show me: review master plan issues regarding Boynton Beach Mall; Review easement issue concerning Wells landing 5.60 02/18/2021 JAC On-site office hours; review pending staff assignments and request for CAO assistance; follow up with assistant city attorneys regarding pending matters; follow up regarding disciplinary action and internal affairs investigation 3.00 02/19/2021 QEM Review of email from Mr. Denahan re: 130 SE 14th Avenue Lien; respond to Mr. Denahan re: same. 0.30 HN Email exchange with Mike Rumpf re: sign code cc JAC. Review of the human sign section in draft ordinance. 0.20 Page 94 of 1360 Page: 4 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34868 General Matters 02/22/2021 DS Reviewed ProQuest Order form and terms of service. Drafted addendum to �� 02/24/2021 02/25/2021 DS Reviewed public records request. Researched public records request and reasonable accommodations. Discussed public records request with H.N. and J.A.C. Drafted email re: AtoZDataBase. 2.20 HN Review of email exchanges regarding a consultant agreement with Tighe Consulting for the Utilities Department. Review of Section 287.057, Florida Statutes and review of the City's procurement and purchasing rules. Phone call and left voice message for Joseph Paterniti. Started drafting consultant agreement. Phone discussion with Joseph Paterniti. Left a voice message with Kristeena Pinto in the procurement department. 2.20 JAC Agenda review; review water service agreement for 14 Velaire Dr; follow up regarding CG separation agreement compliance; miscellaneous calls regarding planning and development board procedures and also judicial hearing issues; conference call regarding irrigation ordinance; review records regarding South Florida water management District report 2014-2015; 5.00 SMS Research on 14 Velaire and adverse possession and water service 1.70 DS Discussed public records request with Clerk. Reviewed and edited public records request response. Discussed ADA compliance with City. Researched costs associated with extensive public records search. 2.20 Page 95 of 1360 ProQuest Agreement. Reviewed Gale quote and terms. Drafted addendum to Gale Agreement. 1.00 QEM Preparation for and meeting with staff re: 130 SE 14th AVE; preparation of email correspondence to Mr. Denahan re: matter. 1.50 SMS Call with CRA attorney and drafting of Dedication for NE 9th Ave ROW based on review of agenda item 1.20 JAC On-site office hours and administration; review and research regarding volunteerism and related liability issues; review assignments to assistant city attorneys; review FCC report an order regarding Issues regarding Robo calls for city business and emergencies; review status of CDC and other agency recommendations for safe workplace/COVI D-1 9 6.00 02/23/2021 HN On site office hours. Email exchanges and phone call discussions with John Kuntzman. Review of other cities sign code ordinances pursuant to the Reed case. Review of Mike Rumpf proposed language regarding human signs. Response email to Mike cc Adam Temple and JAC. 3.30 DS Finalized ProQuest Addendum. Drafted email re: ProQuest. Reviewed Gale Terms and Conditions. Drafted Gale Addendum. Drafted email re: Gale Addendum. Reviewed vendor's comments on ProQuest Addendum. Drafted email re: vendors comments on ProQuest Addendum. 1.30 JAC Review incoming agenda items; follow calls and document review with Lynn Swanson regarding same; prepare for and attend Planning and development board meeting; review assistance CityAttorney assignments and status of same; research regarding City advisory board appointments; review online reports regarding state legislation affecting municipalities; review the Veris agreement; follow up on CG separation agreement; review public records request and accessibility issue; continued review of 14 Velaire Dr. water request; review correspondence regarding Yachtsman Plaza agenda item 7.00 SMS Review documents related to 14 Velaire and research 0.60 02/24/2021 02/25/2021 DS Reviewed public records request. Researched public records request and reasonable accommodations. Discussed public records request with H.N. and J.A.C. Drafted email re: AtoZDataBase. 2.20 HN Review of email exchanges regarding a consultant agreement with Tighe Consulting for the Utilities Department. Review of Section 287.057, Florida Statutes and review of the City's procurement and purchasing rules. Phone call and left voice message for Joseph Paterniti. Started drafting consultant agreement. Phone discussion with Joseph Paterniti. Left a voice message with Kristeena Pinto in the procurement department. 2.20 JAC Agenda review; review water service agreement for 14 Velaire Dr; follow up regarding CG separation agreement compliance; miscellaneous calls regarding planning and development board procedures and also judicial hearing issues; conference call regarding irrigation ordinance; review records regarding South Florida water management District report 2014-2015; 5.00 SMS Research on 14 Velaire and adverse possession and water service 1.70 DS Discussed public records request with Clerk. Reviewed and edited public records request response. Discussed ADA compliance with City. Researched costs associated with extensive public records search. 2.20 Page 95 of 1360 Page: 5 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34868 General Matters 02/26/2021 DS Reviewed water services agreement and summary. Revised public records response. Discussed public records request with Clerk. Revised second HOURS JAC Continue review of agenda items for commission meeting; review police department biomedical waste disposal agreement and follow up calls regarding same; 5.00 QEM Review and evaluation of issue pertaining to QPODD Assignment Contracts 0.50 JAC - Aquatic Management Services; respond to Ms. Swanson and staff re: matter; review and evaluation of documents re: soil contamination. 3.70 RLL Telephone call with City engineer regarding legal description needed for title 4.00 SMS search on FEC railway right of way. 0.30 SMS Correspondences with utilities department related to connection fees 0.40 DJD Telephone conference with Ed Breese; review surveys. 0.50 DS Reviewed water services agreement and summary. Revised public records BALANCE DUE $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 1360 response. Discussed public records request with Clerk. Revised second response for public records request. Reviewed Ch. 119. Drafted email response to ProQuest. Reviewed third public records response. Discussed third public records response with Clerk. 1.90 QEM Continue review of site contamination material in relation to FPL property. 0.50 JAC Review final agenda; prepare for city commission meeting; call with LL regarding pending matters; research regarding Monument regulations; review Wells landing issue; 4.00 SMS Calls, review and correspondences related to dedication of NE 9th St. 0.40 DJD Review e-mails; draft response to Ed Breese. 0.50 FOR CURRENT SERVICES RENDERED 152.10 18,385.92 TOTAL CURRENT WORK 18,385.92 BALANCE DUE $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO STATEMENT NO HOURS 02/01/2021 HN Left voicemail for John Kuntzman regarding the Ho property located at 1101 N. Federal Highway and about providing notice of when the property would be demolished. 0.10 02/02/2021 HN Email to John Kuntzman cc JAC regarding sending a letter to Karen and Wing Ho re: date of demolition. 0.10 02/03/2021 MDC Conference call with JAC and GB to review status of pending litigation. 0.50 GB Reviewed body camera video for the the Alexis Johnson incident and emails with City regarding same. 0.50 JAC Weekly review of pending litigation cases with MC and GB; Follow up pleading audit 1.50 02/08/2021 GB Emails to City regarding Alexis Johnson incident (DOI: 2019-08-06). 0.20 HN Review of draft notice of intent to demolish for the Karen and Wing Ho property located at 1101 N Federal Highway. Email exchange with JAC. Phone discussion with John Kuntzman. Email to John with information related to Karen Ho. 0.20 02/09/2021 GB Telephone conference call with City regarding Alexis Johnson claim and sidewalk. 1.00 02/10/2021 GB Email with attorney for GEICO regarding claim YS Ref # 34600 and payment status. Emails with City following up on status. 0.20 02/11/2021 MDC Conference call with JAC and GB on pending litigation matters. 0.40 JAC Conference with MC and GB regarding pending tour defense cases, status, and strategies; follow up with your pleadings 2.20 02/12/2021 BJS Telephone call with Heather Needleman 0.40 02/15/2021 GB Legal research regarding false imprisonment and officer's right to run ID for warrant checks for claim by Alexis Johnson. Legal regarding for Claim #19768833 regarding reasonable The Obvious Danger Doctrine. 1.40 GB Emails with City regarding Scott Riebman's claim. 0.20 02/16/2021 HN Review and edits of notice of demolition for property located at 1101 N Federal Highway. Review of minutes from the August 2019, September 2019 and February 2020 of the Building Board of Adjustments and Appeals meetings. Email to John Kuntzman with redlined version. 2.10 GB Telephone conference call with City regarding Alexis Johnson's claim, false Page: 1 03/02/2021 306-9904950 34869 Page 97 of 1360 Page: 2 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9904950 STATEMENT NO: 34869 Litigation Miscellaneous imprisonment, and Scott Reibman's claim. 02/19/2021 GB Email to City regarding sidewalk project. Reviewed new claim filed by Vincent Sims. Reviewed new claim by Meadows. Reviewed new claim by Michael Senseman. Reviewed new claim by Roman DeJesus. 02/21/2021 GB Research City Ordinance regarding maintaining sidewalks. Reviewed previous research regarding municipality passing responsibility to adjacent land owner to maintain sidewalks. Email to City regarding phone conference to discuss sidewalk issue. 02/22/2021 GB Telephone conference call with City regarding roots growing under sidewalks. Telephone conference call with JAC regarding sidewalks. BJS Telephone call with Heather Needleman HN Review of John Kuntzman email regarding 1101 N federal highway demolition (Wing Ho and Karen Ho property). Review of the Boynton Beach amendments to the florida building code. Phone discussions with John Kuntzman. Edits to notice of demolition. Email exchange with JOhn Kuntzman as to the notice of violation that was mailed to Wing and Karen Ho. 02/23/2021 GB Emails with City regarding Mr. Chevrier's claim. Emails with City regarding Claim #19768833 1 City of Boynton Beach / Scott Riebman. Telephone conference call with City regarding Mr. Chevrier's claim. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 3.70 $205.00 MICHAEL D. CIRULLO 0.90 205.00 HEATHER NEEDELMAN 3.40 205.00 GAL BETESH 6.40 205.00 BRIAN J. SHERMAN 0.70 205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.50 0.70 0.50 0.60 0.30 0.60 15.10 11111111C6>IIF_111 $758.50 184.50 697.00 1,312.00 143.50 3,095.50 3,095.50 $3,095.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 98 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Executive Estates of BB Homeowner's Assn. (Dwork, Jonathan Mitchell), 154 Orange Drive, BB 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905001 34870 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 99 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Cleveland, Darren (Federal National Mortgage Association) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905184 34871 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 100 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905188 34872 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 101 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (RHA 2, LLC, et al.) ACCOUNT NO STATEMENT NO 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905196 34873 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 102 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (Meeks, Richard & Takeeta) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905200 34874 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 103 of 1360 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Secured Holdings, Inc. 02/11/2021 02/16/2021 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 JAC Continue prep regarding request for admissions JAC Prep regarding response to request for admissions FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 1.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905206 34875 HOURS 0.60 0.70 1.30 266.50 TOTAL $266.50 266.50 $266.50 Page 104 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. James B. Nutter & Company (Estate of Hazel Clemmons, et al.) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905212 34876 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 105 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Town Square Development ACCOUNT NO STATEMENT NO HOURS 02/02/2021 JAC Prepare for, conference with, and follow up regarding E2L proposals regarding option and discussion of pending litigation role; call with DJ D regarding option documents; Review original scope of proposal video and subsequent representations regarding buildout of component project parts 2.20 02/03/2021 DJD Review option related material. 0.70 JAC Calls with LL regarding town square reorganization of project issues; follow up with litigation team; Review land option agreements regarding remaining town square parcels 1.20 02/04/2021 DJD Participate in conference call. 0.40 JAC Conference w/ attys re Hefferin option and related litigation issues; follow up with LL; email Hefferin re: contact with Attys 0.80 02/07/2021 SMS Review correspondence and indemnification language for E2L 0.20 02/08/2021 SMS Review indemnification language and other Agreements based on indemnification for litigation actions 1.30 JAC Review and prepare for conference call regarding options to purchase property; Discuss with DJ Doody; review historic town Square a proposal Presentations 2.30 02/09/2021 JAC Pre -conference with City Manager and CAO team regarding call with Mark Hefferin and CRA concerning options on existing properties; follow up records search regarding inclusion of proposed use of land in Town Square project 1.60 JAC Review town square phase 2 correspondence and call to Andrew Mack regarding same 0.80 DJD Telephone conference call with JAC re: Option Agreement; Telephone conference call with City Manager; participation in conference call with E2L. 1.30 RLL Attend telephone conference call with DJD, JAC and clients regarding option agreements from E2L. 0.50 02/10/2021 JAC Weekly call with LL, AM and CAO team; Follow up regarding assignments 1.00 RLL Attend telephone conference call with JAC and clients to discuss option agreement versus purchase and sale agreement and discussions with developers. 0.50 Page: 1 03/02/2021 306-9905263 34877 02/23/2021 RLL Attend conference call with JAC, DJD and clients to discuss status of suit. 0.40 MDC Attend conference call on status of development. 0.20 DJD Attend conference call on status of development. 0.40 Page 106 of 1360 CITY OF BOYNTON BEACH Town Square Development JAC Prepare for, participate in, and follow up, weekly status review call FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF D.J. DOODY MICHAEL D. CIRULLO SEAN M. SWARTZ RACHEL L LEACH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 10.90 $205.00 2.80 205.00 0.20 205.00 1.50 205.00 1.40 125.00 HOURS 1.00 16.80 TOTAL $2,234.50 574.00 41.00 307.50 175.00 Page: 2 03/02/2021 306-9905263 34877 3,332.00 3,332.00 $3,332.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 107 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv.Deutsche Bank National Trust Company (Perlowitz, David) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905274 34878 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 108 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) 02/10/2021 SHB Receive and review order re: lack of prosecution. Review docket and status of case. Various correspondence with opposing counsel re: hearing matters. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905279 34879 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 109 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. The Bank of New York Mellon F/K/A The Bank of NY (Henry, Ivey A/K/A Henry, Ivey Y.) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905286 34880 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 110 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Federal National Mortage Assoc. ("FANNIE MAE")(Dysch, Jeremy A/K/A Dysch Jeremy H) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905296 34881 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 111 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Wells Fargo Bank, NA (Lorme, Gilbert, et. al) ACCOUNT NO STATEMENT NO 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905318 34882 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 112 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. JP Morgan Chase Bank, NA (Barnes Potter, Bernice, et., al.) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905340 34883 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 113 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Boca Stel, LLC (The Bank of NY Mellon, et. al ACCOUNT NO STATEMENT NO 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905381 34884 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 114 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Circuit Ct App Shah, Kirit and Dipka 02/26/2021 GB Email to opposing counsel regarding notice of good faith conference. Emails with MDC and JAC regarding order transcript of final hearing. Emails with JAC and MDC regarding notice of good faith conference. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905407 34885 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 115 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's 02/08/2021 JAC review options for mangrove Park response to request for plans; FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.40 0.40 RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $205.00 $82.00 Page: 1 03/02/2021 306-9905412 34886 82.00 82.00 $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 116 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Bank of NY Mellon (Landwerlen, M James,et al) 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905413 34887 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 117 of 1360 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 03/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 34888 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) L�� 02/01/2021 HN Edits to Erin Dunn and Vestiguerne Pierre's affidavits for the Motion for Summary Judgment. Edits to Draft Motion for Summary Judgment. Left a voice message for Tanya Guim regarding the notice of violation and the notice of hearing for the 2006 code lien. Follow up email to Tanya. Review of the Clty's code of ordinances relating to attorneys fees for filing for foreclosure for a lien. 2.50 02/02/2021 HN Phone call and left voice message for Tanya Guim regarding calculating fees for the code enforcement liens. Phone call discussion with Tanya regarding breakdown of code lien fees. Edits to affidavit for Vestiguerne Pierre. Edits to Motion for Default Final Judgment and Motion for Summary Judgment to include reference to City Commission authorization and Special Magistrate authorization. Edits to Motion for Summary Judgment to explain the breakdown on the amounts owed on the code and utility liens. Email to MDC regarding draft. 2.10 02/04/2021 MDC Review draft summary judgment and attachments, provide comments to HN. 0.50 02/10/2021 HN Review of MDC comments an edits on Motion for Summary Judgment and Motion or Default Final Judgment. Made edits and emailed MDC cc JAC status. Email to Vestiguerne Pierre with revised affidavit and email to Erin Dunn with revised affidavit. 1.70 02/12/2021 HN Email to JAC with affidavit of legal fees with list of legal fees. 0.10 02/26/2021 HN Review of Affidavit of expert pertaining to legal fees. 0.10 FOR CURRENT SERVICES RENDERED 7.00 1,435.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $205.00 $102.50 HEATHER NEEDELMAN 6.50 205.00 1,332.50 Photocopies 0.35 TOTAL EXPENSES THRU 02/28/2021 0.35 Page 118 of 1360 CITY OF BOYNTON BEACH Laurore, Iva and Renan (Code/Foreclosure) TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2021 ACCOUNT NO: 306-9905432 STATEMENT NO: 34888 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,435.35 $1,435.35 Page 119 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) L�� 02/04/2021 HN Review of Karen Ho's affirmative defenses. Review of the property appraiser's website relating to the property located at 1101 N. Federal Highway and review of deed of property from Benjamin Ho to Karen and Wing Ho. 0.50 02/09/2021 HN Review of Karen Ho's answer and affirmative defenses. Drafting Motion to Strike Affirmative defenses. 1.50 02/12/2021 HN Drafting City's Motion to Strike Karen Ho's affirmative defenses. 2.40 02/15/2021 HN Drafting motion to strike affirmative defenses. Review of Karen Ho's affirmative defenses. Discussion with BJS regarding any impact of Karen Ho's name being on the orders before she became owner. 2.80 02/16/2021 HN Edits to Motion to Strike Karen Ho's affirmative defenses and email to MDC cc JAC with draft. Review of email from Tanya Guim re: notice to Benjamin Ho. Phone call discussion with Tanya Guim. 1.80 02/17/2021 HN Follow up email to MDC cc JAC with motion to strike Karen Ho's Affirmative defenses. Conference with MDC and edited the motion. Research regarding remedies when there is a sham pleading. 2.40 MDC Review Motion to Strike Affirmative Defenses; telephone call with HN on revisions. 0.60 02/19/2021 HN Review of Benjamin Ho's answer and affirmative defenses. Coordinating drafting a motion to strike affirmative defenses. Editing Motion to Strike Wing Ho's Affirmative Defenses. Research on westlaw as to the case that provides a motion to dismiss is not a responsive pleading. Research as to what types of facts would and would not comply with FRCP 1.190. 2.30 02/22/2021 HN Edits to Motion to Strike Wing Ho's affirmative defenses. Review of Section 10-10 and section 2-79 of the City's Code of Ordinances. 1.20 FOR CURRENT SERVICES RENDERED 15.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.60 $205.00 $123.00 HEATHER NEEDELMAN 14.90 205.00 3,054.50 Page: 1 03/02/2021 306-9905433 34889 3,177.50 Page 120 of 1360 CITY OF BOYNTON BEACH v. Ho, Benjamin and Karen (Code/Foreclosure) TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2021 ACCOUNT NO: 306-9905433 STATEMENT NO: 34889 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 3,177.50 $3,177.50 Page 121 of 1360 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 03/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905435 Boynton Beach FL 33435 STATEMENT NO: 34890 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 02/04/2021 HN Discussion with IR regarding drafting the complaint once the bankruptcy case is dismissed. 0.20 KLE Attend Confirmation Hearing by phone. 0.50 02/10/2021 KLE Review Order of Dismissal 0.20 02/18/2021 HN Review of Bankruptcy dismissal and email to JAC regarding proceeding with drafting foreclosure complaint. 0.10 02/23/2021 IR Preparation for and attendance during conference call with HN, to discuss specific information needed from the City of Boynton Beach, to draft the foreclosure complaint against the property owned by defendants; reviewed liens, and other violations to be included as new counts in the foreclosure complaint; 1.30 02/24/2021 IR Research online property information, with the street address of 301 Boynton Beach Boulevard, Boynton Beach Florida; downloaded photographs, if needed during the discovery phase of foreclosure litigation, etc.; preparation of additional online background searches of Defendant GOs, to utilize information to provide assistance to the process servers, once the case documents have been filed and the statutory time within which to serve begins to toll; preparation of updates to the internal City's Trial witness and subpoena duces tecum tracking charts, created; 3.40 FOR CURRENT SERVICES RENDERED 5.70 792.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.70 $205.00 $143.50 HEATHER NEEDELMAN 0.30 205.00 61.50 INGRID RIERA 4.70 125.00 587.50 Photocopies 0.70 TOTAL EXPENSES THRU 02/28/2021 0.70 02/04/2021 CourtSolutions Fee 50.00 Page 122 of 1360 CITY OF BOYNTON BEACH adv. Go, Jeanne and Ka Hock (Code/Foreclosure) TOTAL ADVANCES THRU 02/28/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2021 ACCOUNT NO: 306-9905435 STATEMENT NO: 34890 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 50.00 50.00 843.20 $843.20 Page 123 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Bamboo/Palmer Special Assessment 02/03/2021 DS Revised WSA Agreement. Reviewed section 171.044 and palm beach county code of ordinances. 02/04/2021 DS Drafted email re: Demand Letter. ACCOUNT NO STATEMENT NO HOURS 9 :I 0.10 02/05/2021 DS Reviewed current Bamboo/Palmer WSA. Drafted email to J.A.C. re: revised WSA. Discussed WSA and Demand Letter with M.D.C. 1.00 MDC Review draft materials; telephone call with DS. 0.50 02/08/2021 DS Drafted required sewer connection letter for Palmer / Federal Highway properties. Revised water and sewer service agreement. Drafted email re: revised WSA. Drafted email re: revised Demand Letter. Reviewed City Code of Ordinances related to surcharges. 2.10 02/09/2021 DS Discussed Notice of Connection letters and revised WSA with City. Revised WSA. 1.00 MDC Review draft materials; attend conference call with Staff. 0.90 02/10/2021 DS Reviewed City Code re: surcharge. Revised Notice of Connection and Payment required. Drafted email re: WSA surcharge. Drafted email re: revised WSA and revised Notice letters. 1.20 02/11/2021 DS Reviewed WSA and Demand Letter. Drafted emails re: WSA and demand letter. 0.50 MDC Review revised letters and Agreements. 0.30 02/15/2021 DS Reviewed City comments on Notice letters. Revised Notice letters. Drafted letter for properties that have paid and have existing WSA. 0.50 02/16/2021 DS Called City re: Connection/Payment Notice. Revised Notice. Drafted email re: Notice. Reviewed City's response to questions re: Notice. Revised Notice Letters. Discussed Notice Letters with City. Drafted email re: revised proposed final draft of Notice Letters. 0.90 02/22/2021 DS Reviewed City's questions on WSA, Letter, and Summary of WSA drafts. Discussed WSA, Letter, and Summary with City. Revised Summary, WSA, and Letter drafts. Reviewed revised Summary, WSA, and Letter drafts. 3.40 Page: 1 03/02/2021 306-9905495 34891 02/23/2021 DS Drafted email re: needed revisions for revised WSA, Summary of WSA, and Notice letter. Discussed Palmer/Bamboo packets with City. Drafted email update for J.A.C. 0.60 Page 124 of 1360 Page: 2 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9905495 STATEMENT NO: 34891 Bamboo/Palmer Special Assessment FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO DANIELLE SCHWABE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $205.00 12.10 205.00 HOURS 13.80 TOTAL $348.50 2,480.50 2,829.00 2,829.00 $2,829.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 125 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock III - 1 - Tarpon IV, LLC ACCOUNT NO STATEMENT NO 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905500 34892 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 126 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock III - 2 - Tarpon IV, LLC ACCOUNT NO STATEMENT NO 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905501 34893 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 127 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. MJBS Holdings, LLC (Tarpon IV, LLC) 02/08/2021 02/15/2021 SHB Telephone conference with Steve Eisenbend re: additional claim funds received by City. ACCOUNT NO STATEMENT NO SHB Follow up with City re: surplus funds and request for partial release of lien FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905505 34894 HOURS 0.10 0.10 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 128 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock III - 3 - Tarpon IV, LLC ACCOUNT NO STATEMENT NO 02/05/2021 SHB Review file re: status of foreclosure and lis pendens. Prepare memo to City re: status of litigation and next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905506 34895 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 129 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Adv. MJBS Holdings, LLC (KC Enterprise/Tarpon IV, LLC) HOURS 02/08/2021 SHB Telephone conference with Steve Eisenbend re: additional claim funds received by City. 0.10 02/15/2021 SHB Follow up with City re: surplus funds and request for partial release of lien FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 0.10 0.20 TOTAL $41.00 Page: 1 03/02/2021 306-9905507 34896 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. MJBS Holdings, LLC 2 (KC Enterprise/Tarpon IV, LLC) 02/08/2021 02/15/2021 SHB Telephone conference with Steve Eisenbend re: additional claim funds received by City. ACCOUNT NO STATEMENT NO SHB Follow up with City re: surplus funds and request for partial release of lien FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905508 34897 HOURS 0.10 0.10 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 131 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Clemons, Latosha (EEOC Charge) ACCOUNT NO STATEMENT NO 02/26/2021 JAC Review status of charge and review JO draft response to additional request for information; FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905524 34898 HOURS 0.80 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 132 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. JKM BTS CAPITAL, LLC (Declaratory Action) ACCOUNT NO STATEMENT NO 02/02/2021 IR Receipt and review of the City of Boynton Beach's Notice of Withdrawal of its Motion to Strike Defendant's Affirmative Defenses, filed with the Court on January 29, 2021; receipt and review of Defendant's Objection and Protective Order to Subpoena Duces Tecum to Adam P. Freedman, with attached Subpoena for Deposition Duces Tecum of Adam Freedman, on February 25, 2021 at 10:00am; preparation of tickler, to follow up if Defendant's objection is scheduled to be heard before the court; receipt and review of Plaintiffs Notice Case is At Issue, for Civil Non -Jury Trial, filed with the Court on February 2, 2021; preparation of tickler to follow up in 14 days, to check the Court's online non -jury trial docket; GB Meeting with City and JAC regarding strategy, plus travel. Telephone conference call and emails with opposing counsel regarding objection to subpoena to Adam Freedman. 02/03/2021 MDC Telephone call with JAC and GB on affirmative defenses relating to utilities. GB Telephone conference call with SMS regarding discovery. Emails with MDC regarding Peter Beaudoin. SMS Review of documents in Master Plan docs for relevant documents; Review of correspondence related to lack of Markey response 02/04/2021 SMS Telephone conference call and drafting of chart related to Section 8 conditions; Review document boxes for relevant documents; Calls and correspondences related to relevant docs. MDC Miscellaneous telephone call on utility responsibility affirmative defenses, conference call on witnesses. GB Telephone conference call with JAC, DJD and SMS regarding case update. Telephone conference call with MDC and Peter Beaudoin. Emails with Mark Hefferin regarding Box and regarding resume. Emails with JAC regarding update. Telephone conference call with SMS regarding discovery. 02/05/2021 SMS Call to discuss request for production; Review of Master Plan document box GB Telephone conference call with SMS regarding discovery. Telephone conference call with opposing counsel regarding objection to Adam Freedman Subpoena. Telephone conference call with JAC regarding update. Email to JAC regarding Adam Freedman. 02/07/2021 JAC Review case status and options; research re discovery and supplemental relief; calls with LL re collateral issues. 02/08/2021 GB Emails with SMS regarding discovery. Telephone conference call with JAC regarding strategy moving forward. Page: 1 03/02/2021 306-9905525 34899 HOURS 0.50 2.80 0.20 0.50 1.80 3.40 1.00 1.40 0.70 1.20 1.10 0.40 Page 133 of 1360 CITY OF BOYNTON BEACH v. JKM BTS CAPITAL, LLC (Declaratory Action) SMS Review of documents and questions for Andrew Mack JAC Call with Kevin Markow, checking in attorney regarding status; miscellaneous follow up regarding Page: 2 03/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 34899 02/09/2021 SMS Review documents for meeting of conditions and responsiveness; Review of traffic study analysis for parking 02/10/2021 MDC Review issues with case; conference call with Client. SMS Conference call to discuss outstanding issues 02/11/2021 SMS Calls, correspondences, and review of documents related to Request to Produce and relevancy MDC Conference call with JAC and GB on status of case and miscellaneous litigation issues. GB Emails with opposing counsel regarding extension of time to respond to discovery. Telephone conference call with MDC and JAC regarding discovery. Emails with JAC regarding discovery. Telephone conference call with SMS regarding discovery and documents. Worked on responses to discovery by reviewing and organizing documents. JAC Discuss pending discovery deadlines and options 02/12/2021 SMS Call related to posed questions on relevance/overbreadth for RTP and review of documents GB Emails with JAC regarding Defendant's request for extension of time to respond to discovery. Emails with opposing counsel regarding agreed order granting request to extend time to respond to discovery. Drafted proposed order extending time to respond to discovery. Telephone conference call with SMS regarding discovery and documents that show City met conditions precedent. Continued to work on discovery by reviewing documents in Box. 02/16/2021 JAC Discovery preparation 02/17/2021 GB Email to opposing counsel following up on agreed order extending parties' time to respond to outstanding discovery. GB Worked on responses to request for production by reviewing Box file. 02/18/2021 GB Telephone conference call with City, SMS and JAC regarding discovery. Telephone conference with JAC regarding depositions and case strategy moving forward. Email to city summarizing call. JAC Telephone conference with witnesses; follow up with Litigation planning with GB SMS Conference call related to RFP and Interrogatories DJD Participation on conference call. 02/19/2021 GB Drafted and file Notice of Hearing for Defendant's Objection to Adam Freedman's subpoena duces tecum. Email to opposing counsel regarding Adam Freedman's deposition. Submitted agreed order extending time for parties to respond to discovery. 02/22/2021 GB Email to opposing counsel following up on Adam Freedman's deposition. Continued reviewing emails between Colin and JKM for response to JKM's request for production and interrogatories. JAC Review documents related to discovery requests; discuss same with BG SMS Review correspondences on parcel turnover HOURS 0.60 0.70 0.70 0.30 0.30 1.00 0.40 1.80 0.30 0.90 1.30 0.80 0.10 1.70 2.90 2.50 1.90 0.40 lix"[t 1.80 1.20 0.20 Page 134 of 1360 CITY OF BOYNTON BEACH v. JKM BTS CAPITAL, LLC (Declaratory Action) 02/23/2021 GB Worked on discovery responses. Reviewed commission minutes and meetings for response to request for production. SMS Review of additional document box and correspondences related to Geotech Page: 3 03/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 34899 02/24/2021 GB Telephone conference call with City, JAC and SMS regarding discovery. Reviewed documents provided by City in preparation for call and in response to discovery. Drafted responses to interrogatories. Reviewed commission minutes and transcripts. Telephone conference call with City regarding commission meetings. Telephone conference call with JAC regarding interrogatories. JAC Review documents provided by staff and participate in telephone conference to review same and response to discovery requests SMS Conference call related to additional questions on conditions and review of additional documents 02/25/2021 GB Telephone conference call with SMS regarding discovery. Telephone conference call with DJD regarding developer's agreement. Telephone conference call with JAC regarding discovery. Continued drafting answers to interrogatories and request for production. Reviewed documents in response to request for production and interrogatories. Telephone conference call with City regarding discovery. SMS Review of documents for responsive documents to RTP and organization DJD Conference call with Gal Betesh. 02/26/2021 GB Telephone conference call with JAC regarding answers to interrogatories and request for production. Telephone conference call with SMS regarding discovery. Telephone conference call with DJD regarding tenants on property and conditions in development agreement. Telephone conference call with E21- regarding Box. Drafted answers to interrogatories and responses to request for production and email to JAC and SMS for final review and approval. SMS Calls and review of interrogatories and RFQ 02/27/2021 JAC Review GB and SS draft responses to discovery FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 10.00 $205.00 D.J. DOODY 0.70 205.00 MICHAEL D. CIRULLO 1.90 205.00 SEAN M. SWARTZ 17.30 205.00 GAL BETESH 31.00 205.00 INGRID RIERA 0.50 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 2.50 0.70 5.20 NIM 1.20 3.30 2.30 0.30 3.70 1.60 2.50 61.40 TOTAL $2,050.00 143.50 389.50 3,546.50 6,355.00 62.50 12,547.00 12,547.00 $12,547.00 Page 135 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Purchase of Boynton Woman's Club (1010 S. Federal Hwy, Boynton Beach, FL) from Boynton Beach CRA L�� 02/08/2021 SMS Correspondences related to CRA documents on the property 0.20 02/11/2021 SMS Correspondences and review related to documents related to the property 0.30 02/12/2021 RLL Order title work on property. 0.30 02/17/2021 RLL Review executed purchase and sale agreement and prepare letter of critical dates. 0.80 02/19/2021 RLL Review title work on property. 0.50 02/22/2021 SMS Review TSR and restrictive covenants and call with CRA counsel 0.70 02/23/2021 RLL Prepare title objection letter; notify client of Restrictive Covenant found in title search. 0.80 SMS Correspondences related to critical dates letter and restrictive covenant 0.70 02/25/2021 SMS Review of objection letter and call with ACM related to proceeding via contract 0.50 FOR CURRENT SERVICES RENDERED 4.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 2.40 $205.00 $492.00 RACHEL L LEACH 2.40 125.00 300.00 Photocopies TOTAL EXPENSES THRU 02/28/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2021 306-9905541 34900 792.00 10.15 10.15 802.15 $802.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson PBA Captains Unit Formation 2021 L�� 02/03/2021 JAC Prep response to petition and response to motion for extension of time 1.00 02/04/2021 JAC Modify draft response; miscellaneous research regarding same; follow up calls with SB and JO 0.80 02/05/2021 JAC Review response with chief; review documents from chief; modify or file response to petition for unit recognition 1.60 02/09/2021 JAC Review and circulate hearing officers order on motion for continuance 0.20 FOR CURRENT SERVICES RENDERED 3.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.60 $205.00 $738.00 Photocopies TOTAL EXPENSES THRU 02/28/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2021 306-9905542 34901 5.60 5.60 743.60 $743.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 137 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #00 1 470000367AB 02/11/2021 IR Receipt and review of email regarding finalization of this litigation, with all appeals exhausted and litigation closed; preparation of responsive email regarding same; confirmed this civil litigation trial files are closed out for the City of Boynton Beach [from trial in 2019 and subsequent issues raised by Plaintiff's counsel]; FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905098 35095 HOURS 0.30 0.30 37.50 TOTAL $37.50 37.50 $37.50 Page 138 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400P1 ACCOUNT NO STATEMENT NO 02/01/2021 GB Emails with City regarding continuation of trial. 0.10 02/03/2021 GB Emails with Plaintiffs' counsel regarding withdrawing joint motion to continue. 0.20 02/04/2021 GB Telephone conference call with opposing counsel regarding trial. 0.30 02/08/2021 GB Email to IVR regarding trial deadline of new trial order. 0.10 02/12/2021 IR Receipt and review email from Judge Hafele to reschedule civil jury trial to July through October, 2021 and review of Order Resetting Trial; 0.80 02/25/2021 IR Receipt and review of email from GB, regarding civil jury trial, rescheduled by Judge Hafele; reviewed the Court's initial trial order and the Court's second jury trial order; analyzed and confirmed all trial deadlines; preparation of trial order outline, with revised trial cut-off dates, to be in compliance with the Court's ruling; preparation of ticklers, of the new trial deadlines, regarding same; preparation of email to litigation team, along with the revised trial order outline, with new deadline dates for team to follow; 1.30 FOR CURRENT SERVICES RENDERED 2.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.70 $205.00 $143.50 INGRID RIERA 2.10 125.00 262.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2021 306-9905171 35096 $406.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 139 of 1360 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 03/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 35097 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 HOURS 02/03/2021 IR Retrieved tickler to follow up on Plaintiffs Request for Production from the City of Boynton Beach; reviewed case file and emails, to ensure these materials were requested; preparation of second tickler. 0.20 02/05/2021 IR Receipt and review of Defendant, Mark Sohn's Request for Copies, directed to Plaintiff, for copies of AT&T National Compliance Center, following Plaintiff's Subpoena by end of month; preparation of tickler as well as updated the City's Trial Witness and Subpoena Duces Tecum tracking chart; 0.30 02/08/2021 GB Email with opposing counsel regarding discovery. 0.10 02/16/2021 IR Reviewed pleadings and status of discovery; 0.40 GB Worked on responses to Plaintiffs' request for production. 0.50 02/18/2021 GB Telephone conference call with Clty regarding discovery. Emails with City regarding request for production. 0.30 02/19/2021 GB Listed to radio communications in response to Plaintiffs' request for production to City. Telephone conference call with City regarding discovery. Emails with City regarding discovery requests. Email to opposing counsel requesting extension of time to respond to outstanding discovery. 0.90 GB Worked on discovery responses. Reviewed emails between Colin and JKM that were sent to reporter. Email to JAC regarding emails. 1.50 02/26/2021 IR Receipt and review of tickler regarding status of Plaintiffs Request for Production, as well as the co-defendant's status of receipt of subpoenaed records; reviewed online court docket, for Certificate of Compliance, with Request for Copies; prepared second tickler to follow up. 0.30 FOR CURRENT SERVICES RENDERED 4.50 826.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.30 $205.00 $676.50 INGRID RIERA 1.20 125.00 150.00 Page 140 of 1360 CITY OF BOYNTON BEACH adv. Readon, Jayden, Estate of (police chase) TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2021 ACCOUNT NO: 306-9905190 STATEMENT NO: 35097 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 826.50 $826.50 Page 141 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP 02/10/2021 GB Email with opposing counsel regarding depositions. Worked on outstanding discovery. 02/12/2021 IR Receipt and review of Plaintiff's Notice of Case Preparedness for Civil Jury Trial; preparation of tickler to check judge's divisional instructions regarding when civil jury trials are being scheduled; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.50 $205.00 INGRID RIERA 0.30 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905216 35098 HOURS 0.50 0.30 0.80 140.00 TOTAL $102.50 37.50 140.00 $140.00 Page 142 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18 - RLO Claim #001470000450EP 02/01/2021 JAC Review case pleadings and prepare for close door session GB Telephone conference call with JAC and SHB regarding settlement. SHB Telephone conference with JAC and Gal re: various case matters and shade session. ACCOUNT NO STATEMENT NO HOURS 1.00 0.90 1.00 02/02/2021 GB Attended closed door session, plus travel. 1.80 JAC Prep for and attend close door session; follow up with a commission input and litigation options 2.50 02/03/2021 GB Telephone conference call with City regarding settlement. Emails with JAC regarding excess carrier. Emails with opposing counsel regarding settlement. 0.60 02/05/2021 JAC Follow up on settlement with Gal Betesh; call to LL 0.30 GB Emails with opposing counsel regarding settlement. Emails with JAC regarding settlement. 0.20 02/08/2021 GB Drafted general release for settlement and email to opposing counsel for review and approval. Reviewed opposing counsel's edits to release. Email to JAC regarding release and next steps. Telephone conference call with opposing counsel regarding settlement. Telephone conference call with JAC regarding settlement. Email to City regarding update. 1.20 02/09/2021 GB Emails with opposing counsel regarding joint dismissal. 0.20 02/10/2021 GB Emails with opposing counsel regarding settlement. Emails with City regarding settlement. 0.30 02/11/2021 GB Telephone conference call with JAC and MDC regarding settlement. 0.30 IR Receipt and review of email from GB, regarding her conference call with Plaintiff's counsel, to advise that the case has reached a settlement; preparation of notation pertaining to same on Trial Calendar ticklers and other deadlines; 0.30 02/12/2021 GB Email to Tristar regarding settlement. 0.10 02/15/2021 IR Reviewed pleadings, emails and the General Release pertaining to the Page: 1 03/02/2021 306-9905344 35099 Page 143 of 1360 CITY OF BOYNTON BEACH Brescia, Brandon (EEOC Complaint) ACCOUNT NO: STATEMENT NO: HOURS settlement of this litigation; preparation of tickler to email our expert witness tomorrow, to advise to close any pending billing and provide our office with a final bill. 02/16/2021 IR Retrieved the Trial Order Entered on January 25, 2021 by Honorable Judge Glenn Kelley. 02/26/2021 GB Email with opposing counsel regarding settlement check and dismissal of lawsuit. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 3.80 $205.00 GAL BETESH 5.70 205.00 SHANA H. BRIDGEMAN 1.00 205.00 INGRID RIERA 0.80 125.00 Photocopies TOTAL EXPENSES THRU 02/28/2021 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.20 0.30 0.10 11.30 TOTAL $779.00 1,168.50 205.00 100.00 Page: 2 03/02/2021 306-9905344 35099 2,252.50 8.05 8.05 2,260.55 $2,260.55 Page 144 of 1360 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 03/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905360 Boynton Beach FL 33435 STATEMENT NO: 35100 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RLO Claim #001470001005EP HOURS 02/05/2021 GB Emails with opposing counsel regarding good faith conference regarding objections to discovery. 0.20 02/09/2021 GB Prepared and participated in telephone conference call with opposing counsel regarding discovery. Telephone conference call with City regarding depositions. Emails with opposing counsel memorializing telephone conference. Emails with City regarding depositions. 1.10 02/10/2021 GB Emails with opposing counsel regarding depositions. Worked on supplemental and amended responses to Plaintiffs First Set of Interrogatories to the City. 1.70 02/11/2021 GB Telephone conference call with JAC and MDC regarding discovery and case status. Emails with opposing counsel regarding City's supplemental responses to interrogatories and depositions. 0.40 02/21/2021 GB Drafted supplemental responses to Plaintiff's Interrogatories to City. Reviewed file for response to Plaintiff's Interrogatories to City. Email to JAC for review and approval. 2.20 02/22/2021 GB Telephone conference call with JAC regarding supplemental responses to interrogatories. Drafted Notice of Serving Supplemental Answers to Interrogatories and had served and filed. Finalized Supplemental Responses to Interrogatories and served on Plaintiff. 0.70 02/24/2021 GB Email to opposing counsel regarding verification page for interrogatories. 0.10 02/25/2021 IR Receipt and review of the City of Boynton Beach's Answers to the Plaintiffs First Interrogatories, with the Notice of same filed with the Clerk of the Court on February 22, 2021; receipt and review of the City of Boynton Beach's Supplemental Answers to the Plaintiff's Interrogatories; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; summary review of the documents produced through the City's Answers to Interrogatories, bate -stamped by the City. 0.70 FOR CURRENT SERVICES RENDERED 7.10 1,399.50 Page 145 of 1360 Page: 2 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9905360 STATEMENT NO: 35100 adv. Cain, Courtney TIMEKEEPER GAL BETESH INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 6.40 $205.00 0.70 125.00 TOTAL $1,312.00 87.50 1,399.50 $1,399.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 146 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 02/02/2021 GB Emails with City regarding depositions. 0.10 02/03/2021 IR Receipt and review of Plaintiff's Notice of Canceling Deposition of Lawrence Allen, with the City of Boynton Beach, scheduled for February 3, 2021, filed with the Court on February 3, 2021; preparation of updates pertaining to same on the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart; preparation of tickler to follow up with GB, clients, regarding future deposition date of Mr. Allen; 0.30 GB Emails with Plaintiffs counsel regarding depositions. Telephone conference call with City regarding depositions. 0.30 02/04/2021 GB Emails with opposing counsel regarding depositions. 0.10 02/11/2021 IR Receipt and review of Re -Notice of Taking Deposition of Lawrence Allen; reviewed pleadings, to ensure Plaintiff filed her Notice of previously canceled deposition, and other discovery status; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart, to note all new deposition dates and times; preparation of ticklers, to lead up to said new depositions, to assist with preparation of same; 0.60 FOR CURRENT SERVICES RENDERED 1.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.50 $205.00 $102.50 INGRID RIERA 0.90 125.00 112.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2021 306-9905369 35101 215.00 215.00 $215.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 147 of 1360 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 03/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 35102 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 02/01/2021 GB Prepared for and attended depositions of Captain Kelley and Captain Dugger. Emails and telephone conference call with IVR regarding experts. 3.60 IR Preparation of multiple emails, with documents requested from K9 Tactical / Use of Force expert witness, for the City of Boynton Beach and K9 Officer Mark Sohn; review of discovery and other materials prior to sending to expert witness, to ensure certain items are redacted [that were sent to Plaintiff, as responses to Request for Production]; several telephone conferences with GB regarding expert witness and case strategies; prepared email to office; preparation of email to office manager, to check availability to potentially perform a CME on the Plaintiff; receipt, reviewed and exchange of emails with witnesses, expert witnesses and litigation team. 6.90 02/02/2021 IR Preparation of groups of pleadings and court filings, to include an email to K9 Tactical / Use of Force expert witness for his review of the law enforcement aspects of the litigation, following list of requested materials and documents, for his expert witness report; receipt and review email from office administrator, regarding a Compulsory Medical Examination of the Plaintiff [prospective medical expert witness, for the City and Officer Sohn]; telephone conference with K9 expert witness, regarding materials reviewed and potential, additional materials needed, in advance of conference call scheduled for February 3, 2021; 4.70 GB Pre depositions conference calls with three City employees. Emails with Plaintiff's counsel regarding supplemental responses to discovery. 2.10 02/03/2021 IR Retrieved and reviewed dash cam video of Boynton Beach Police K9 Officer Mark Sohn's vehicle, for call with K9 Expert and GB; conferences with GB, regarding expert witness discovery; attended conference call with Brad Smith regarding his review of the City of Boynton Beach's records and other materials; preparation of email to Stephanie Kaufer, Esq., counsel for Mark Sohn, with K9 Expert's professional credentials; prepared tickler to follow up with the doctor's office; final phone conference with GB. 4.40 GB Telephone conference call with potential K9 expert and IVR regarding matter. Telephone conference call with JAC regarding update. Telephone conference call with Stephanie Kaufer regarding potential K9 expert. Emails with opposing counsel regarding upcoming depositions. Emails and predisposition conferences. Emails with City regarding upcoming Page 148 of 1360 Page: 2 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35102 adv. McFadden, Patrick (K9 Injuries) HOURS deposition. 2.80 JAC Case review; review issues/opinions regarding canine handling; miscellaneous research regarding same 0.80 02/04/2021 IR Receipt and review of email from Stephanie Kaufer, Esq., with Roberts Reynolds, counsel for Officer Sohn, regarding K9 Tactical / Use of Force expert witness; receipt and review of email from K9 expert witness; preparation of email to potential K9 expert witness for the defense; conference call with GB regarding same and discovery updates; preparation of email correspondence to Plaintiff's counsel, with copies to all counsel of record, to request M.D. perform a CME on the Plaintiff; preparation of email to office administrator, requesting available dates and times for doctor to perform CME on Plaintiff; preparation of ticklers, to receive responses from Plaintiff's counsel, and doctor's office; preparation of tickler to have doctor's fee request put in line for payment, prior to Plaintiffs CME; 4.30 GB Attended depositions with City witnesses. Telephone conference call with Stephanie Kaufer regarding depositions. Drafted letter to City regarding expert. 4.50 02/05/2021 IR Receipt and review of email from M.D.'s office administrator regarding dates of availability for Plaintiff to undergo a Compulsory Medical Examination; preparation of email to Stephanie Kaufer, Esq. at Roberts, Reynolds, et.al. forwarding doctor's email regarding Plaintiffs CME; preparation of email to doctor's office; preparation for and attendance on conference call with potential K9 expert witness; conferences with GB regarding same and other discovery and expert status; receipt and review of defense counsel communications regarding discovery, fact and expert witnesses; prepared ticklers to follow up with Officer Sohn's attorneys early next week; 4.10 GB Telephone conference call with potential k9 expert and IVR. Telephone conference call with Stephanie Kaufer regarding experts and depositions. Pre deposition conference with City witness. 1.60 02/08/2021 GB Email to Stephanie Kaufer regarding follow up. Email to City regarding depositions. Emails with opposing counsel regarding depositions. Attended Officer Whitefield's deposition. Telephone conference call with city officer regarding deposition. Email to opposing counsel regarding depositions. Attended Srgt. Kautz's deposition. 2.00 IR Review ticklers Re: Patrick McFadden to undertake a Compulsory Medical Examination with M.D.; rollover tickler to February 9, 2021; reviewed communications regarding K9 expert witness, from defense counsel and responded to same; preparation of updates to the City of Boynton Beach, regarding experts and compliance with the Court's Trial Deadline Order; 3.20 02/10/2021 GB Telephone conference call with City officer regarding deposition. Email to opposing counsel regarding depositions. 0.40 02/11/2021 IR Receipt and review of email from Plaintiffs counsel regarding his client attending Compulsory Medical Examination, that he is in agreement, under particular terms; receipt and review of email regarding potential K9 expert witness; 1.20 GB Telephone conference call with attorney Kaufer regarding IME. Emails to IVR regarding questions for doctor. Telephone conference call with doctor's office regarding IME. Telephone conference with Plaintiffs counsel regarding IME. Telephone conference call with IVR regarding doctor and Page 149 of 1360 CITY OF BOYNTON BEACH adv. McFadden, Patrick (K9 Injuries) Page: 3 03/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35102 IME. Telephone conference call with MDC and JAC regarding case status, IME, and depositions. 02/12/2021 IR Conferences with GB regarding discovery and Plaintiffs Compulsory Medical Examination [CME] with M.D.; preparation and organization of Plaintiff's medical records, to send to doctor. 02/15/2021 GB Telephone conference call with doctor's office regarding IME. Emails with IVR regarding medical records and communications with doctor. Drafted and sent letter to City regarding k9 expert. Compiled Plaintiffs medical records to send to doctor. Email to opposing counsel regarding rescheduling officer's deposition. IR Receipt and review of emails and IVR responses thereto, from GB regarding discovery and status of expert witnesses; IVR preparation of several sets of emails, with attached records regarding Plaintiff's medical, medical billing records, Plaintiff's deposition, including exhibits thereto; organization of photographs of Plaintiffs hand and lower forearm from September 4, 2017; preparation of email to doctor's office, enclosing additional sets of records, for use at Plaintiffs Compulsory Medical Examination; preparation of tickler to follow up with doctor's office on February 16, 2021, for specific amount of preparation for and to undertake CME of Plaintiff, as well as clear dates of CME, to confirm with Plaintiff's counsel; online research of defense expert witnesses, of names and businesses received from co -defense counsel; prepared notes to discuss findings with defense attorneys, from research of information located online; 02/16/2021 GB Telephone conference call with attorney Kaufer regarding experts and IME. Telephone conference with doctor regarding IME. Telephone conference call with Plaintiff's counsel regarding IME. Emails with Plaintiffs counsel regarding depositions. Drafted stipulations for IME. Emails with Tristar regarding expert. Review k9 expert's website and on line presence. IR Several conference calls with defense counsel, regarding information learned from online searches from February 15, 2021; preparation of email to M.D.'s office, enclosing additional materials for review, in advance of the Plaintiff's Compulsory Medical Examination [CME]; viewed body camera video footage for specific stop and start segments; conference with GB regarding agreed upon extended deadline of Plaintiffs CME, providing the doctor an extension until March 29, 2021 to prepare his written report; 02/17/2021 IR Preparation of emails to M.D. regarding the Boynton Beach Police Officer Sohn's body camera video, from September 4, 2017; organization of law enforcement and other records to forward to City's anticipated K9 expert witness. HOURS 2.50 3.90 1.70 5.70 1.70 3.40 2.30 02/18/2021 IR Receipt and review of email from co -defense counsel, for Officer Mark Sohn, of his Notice of Production from Non -Parties, along with respective federal subpoenas duces tecum attached thereto; responded to litigation team via email regarding same; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart, to list new individuals and entities, wit the date production must be received, as noted in the subpoenas; 1.90 GB Attended the deposition of Officer Sohn. 1.90 02/19/2021 GB Emails with IVR regarding letter to doctor enclosing information to review ahead of IME; edits to letter. 0.30 Page 150 of 1360 Page: 4 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35102 adv. McFadden, Patrick (K9 Injuries) IR Continuation to update file, with discovery, received February 18, 2021; HOURLY RATE TOTAL preparation of updates to the City of Boynton Beach's Trial Witness and 0.80 $205.00 Subpoena Duces Tecum tracking chart; telephone conference with doctor's GAL BETESH 27.30 office, regarding several issues, in preparation of the Plaintiff's Compulsory 5,596.50 INGRID RIERA Medical Examination, scheduled for March 4, 2021 at 4:00pm at South 125.00 7,487.50 Florida Hand and Orthopedic Center, in Boca Raton, Florida; preparation of email to office administrator, regarding additional items to be sent to doctor via FedEx, for delivery on February 22, 2021; preparation of correspondence to M.D. via FedEx; preparation of ticklers to follow up with certain compliances on February 22, 2021; receipt, review and responded to GB email regarding additional projects to be worked on, regarding discovery; 2.90 02/22/2021 GB Emails with opposing counsel regarding IME. Emails to doctor regarding scheduling IME. Reviewed and finalized Request for Copies of Subpuenas for Documents by Officer Sohn. 0.50 IR Retrieved and organization of materials to send to expert; preparation regarding discovery and ticklers for same; preparation of ticklers for litigation team tracking; 4.70 02/23/2021 GB Emails with IVR regarding K9 expert. Telephone conference calls with City regarding deposition. Email to opposing counsel regarding discovery. Email to City regarding expert fees. Email to attorney Kaufer regarding IME. Telephone conference call with City regarding expert fees. 1.30 IR Receipt and review of email from GB regarding K9 expert; receipt and review of email from K9 expert witness, regarding status of expert witness work; preparation of email; preparation of tickler to follow up on March 10, 2021 to ensure payment by the City of Boynton Beach had been received [with potential delay due to recent natural and other disasters]. 3.20 02/25/2021 IR Receipt and review of email from Richard Ignoffo, Risk Management with the City of Boynton Beach, regarding K9 expert work and invoice; receipt and review of email regarding Officer Sohn's body cam video and supplemental invoice for doctor's review of same; preparation of email to GB regarding same; preparation of email to JAC and office accountant, regarding the invoice and payment to be sent as soon as possible to doctor; several conferences with office administrator regarding fee to doctor; preparation of email to GB, regarding updated status; 2.80 GB Telephone conference call with City regarding expert. Emails with IVR regarding IME. 0.30 02/26/2021 GB Email to the City regarding Officer Shepaum's deposition. 0.10 IR Receipt and review of email from doctor's office; preparation of responsive email to Koreen regarding receipt. 0.30 FOR CURRENT SERVICES RENDERED 88.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 GAL BETESH 27.30 205.00 5,596.50 INGRID RIERA 59.90 125.00 7,487.50 13,248.00 Page 151 of 1360 Page: 5 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35102 adv. McFadden, Patrick (K9 Injuries) 02/23/2021 Kenneth J. Garrod, M.D. - Review of Medical Records 02/25/2021 Kenneth J. Garrod, M.D. - Review of Video TOTAL ADVANCES THRU 02/28/2021 TOTAL CURRENT WORK BALANCE DUE 2,100.00 250.00 2,350.00 2,350.00 15,598.00 $15,598.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Veillard, Larshmie (Motor Vehicle Accident) Billing Category: 18 - RLO Claim # 02/04/2021 IR Receipt and review of email dated February 3, 2021, from the City of Boynton Beach, enclosing a Complaint, Request for Production and Interrogatories propounded upon the City; review attached pleadings and discovery requests; initial preparation of the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart; preparation of ticklers, for the City to file its Answer to the Complaint and responses / objections to the Plaintiff's discovery; 1.20 02/17/2021 GB Legal research and drafted Motion to Dismiss Complaint. 02/18/2021 GB Finalized Motion to Dismiss or Stay Complaint. Legal research regarding when a negligence cause of action accrues and plaintiffs failure to comply with fs 768.28(6). 02/22/2021 IR Receipt and review of the City of Boynton Beach's Motion to Dismiss, Or Stay Plaintiffs Complaint; retrieved online court docket, regarding status of court filings by Plaintiff; preparation of the City's Trial Witness and Subpoena Duces Tecum tracking chart; 02/23/2021 GB Emails with Tristar regarding settlement and Motion to Dismiss. Research regarding release language proposed by Plaintiff. 02/24/2021 GB Telephone conference call with Tristar regarding release. Telephone conference call with JAC regarding proposed language in release. Research regarding proposed release language regarding IRS is valid/legal. Emails with tristar regarding settlement. Emails with city regarding settlement and discovery. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 5.80 $205.00 INGRID RIERA 1.80 125.00 Page: 1 03/02/2021 306-9905422 35103 2.30 1.60 0.60 0.90 1.00 7.60 1,414.00 TOTAL $1,189.00 225.00 Page 153 of 1360 CITY OF BOYNTON BEACH adv. Veillard, Larshmie (Motor Vehicle Accident) TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2021 ACCOUNT NO: 306-9905422 STATEMENT NO: 35103 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,414.00 $1,414.00 Page 154 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 ACCOUNT NO STATEMENT NO HOURS 02/01/2021 MDC Review status of Mediation Summary. 0.20 02/02/2021 IR Receipt and review of Clerk of the USDC email and related documents. 0.20 02/04/2021 MDC Follow up on status of mediation statement, coordination of call with July Oldbury. 0.40 GB Emails with MDC regarding mediation statement. 0.20 02/05/2021 GB Telephone conference call with MDC regarding mediation. Drafted mediation statement. 3.00 MDC Telephone call with GB; review issues for Mediation Statement. 0.60 02/08/2021 GB Telephone conference call with SHB regarding mediation. Edits to mediation statement. Emails with MDC regarding mediation statement. Email to City draft statement. 1.50 MDC Review and comment on Mediation Statement. 1.00 02/09/2021 GB Telephone conference call with MDC regarding mediation statement. Complied all documents to be sent to mediator and finalize mediation statement. Email to MDC documents and statement for mediator for review and final approval. 0.70 MDC Review and revise Mediation Statement; telephone call with Julie Oldbury. 0.90 02/10/2021 GB Emails with MDC regarding mediation participants. Emails with opposing counsel and mediator notifying who will be participating in mediation on behalf of the City. 0.20 02/12/2021 GB Legal research regarding local rule; Drafted Response in Opposition to Plaintiffs' Motion to Strike City's Motion for Costs. Telephone conference call with JAC regarding Motion for Costs. 2.40 02/16/2021 MDC Review materials to prepare for Mediation. 1.00 02/17/2021 GB Emails with MDC regarding color copy of the Recommended Security Upgrades. Searched filed for colored copy. Emails with MDC and JAC regarding mediation. 0.40 MDC Review materials; confer with Julie Oldbury; attend telephonic mediation per Page: 1 03/02/2021 306-9905423 35104 Page 155 of 1360 Page: 2 CITY OF BOYNTON BEACH 03/02/2021 ACCOUNT NO: 306-9905423 STATEMENT NO: 35104 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit HOURS 11th Circuit Order. 1.50 02/18/2021 IR Receipt and review of Magistrate Judge William Matthewman's Order; preparation of ticklers for each of Judge Matthewman's deadlines. 0.30 02/19/2021 GB Emails with opposing counsel regarding good faith conference pursuant to court order. Conversation with City regarding appeal status and mediation. Email to MDC and JAC regarding update. 0.30 IR Receipt and review of United States District Court email notification of Mata Chorwadi filing of its Reply to the City of Boynton Beach's Response to Plaintiff's Motion [DE 127]; 0.20 MDC Review e-mails and order on briefing schedule. 0.20 02/22/2021 GB Drafted letter to tristar regarding update on appeal and email to MDC and JAC for review and approval. Edits to letter pursuant to MDC's comments. Put letter in final form and had sent to Tristar and City along with enclosures. Research Eleventh Circuit Court of Appeals rules of civil procedure regarding filing transcript. 1.70 MDC Review issues with transcript. 0.30 02/23/2021 GB Email to MDC regarding transcript. Drafted letter to City requesting approval to order transcript. Email letter to MDC and JAC for approval. 0.90 MDC Continue to review rules relating to appendices and record with GAL. 0.20 02/24/2021 GB Called opposing counsel in an attempt to confer in good faith regarding City's Motion for Costs. 0.10 02/25/2021 GB Telephone conference call with JAC regarding good faith conference to confer regarding Motion to Tax Costs. Emails with opposing counsel regarding Joint Notice. Edits to Joint Notice. 0.70 02/26/2021 IR Receipt and review of United States District Court Filings. 0.40 FOR CURRENT SERVICES RENDERED 19.50 3,909.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 6.30 $205.00 $1,291.50 GAL BETESH 12.10 205.00 2,480.50 INGRID RIERA 1.10 125.00 137.50 Photocopies 21.00 TOTAL EXPENSES THRU 02/28/2021 21.00 02/28/2021 Vernita Allen -Williams - Transcript 55.80 55.80 TOTAL ADVANCES THRU 02/28/2021 55.80 Page 156 of 1360 CITY OF BOYNTON BEACH adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit TOTAL CURRENT WORK BALANCE DUE Page: 3 03/02/2021 ACCOUNT NO: 306-9905423 STATEMENT NO: 35104 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 3,986.30 $3,986.30 Page 157 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 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 ACCOUNT NO STATEMENT NO 02/15/2021 JAC Review pleadings, affirmative defenses and motion to strike; review with HN FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 HOURS 0.80 0.80 TOTAL $164.00 Page: 1 03/02/2021 306-9905511 35105 164.00 164.00 $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 158 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Jordan, Debra L. (Trip and Fall) Billing Category: 18 - RLO Claim #20836979 02/22/2021 IR Receipt and review of tickler from December 18, 2020, of potential new litigation against the City of Boynton Beach; reviewed background search and online search of Palm Beach County Circuit Court docket searches; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2021 306-9905535 35106 HOURS 0.60 0.60 75.00 TOTAL $75.00 75.00 $75.00 Page 159 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Schneider, Harry and Patti Schneider (MVA) Billing Category: 18 - RLO Claim #21842585 02/02/2021 IR Reviewed emails from the City of Boynton Beach, along with attachment from Joseph B. Landy, Esq. of Lesser, Lesser, Landy & Smith, PLLC regarding 'preservation of evidence' relating to a vehicle accident from January 26, 2021; preparation of the City Trial Witness and Subpoena Duces Tecum tracking chart, listing all relevant information received from the City, in anticipation of litigation; preparation of 30 and 60 day tickler to follow up and check Palm Beach County Court docket; FOR CURRENT SERVICES RENDERED TINAPVPPPPP INGKIU KILKA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.90 $125.00 HOURS TOTAL $112.50 Page: 1 03/02/2021 306-9905543 35107 112.50 112.50 $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 1360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Little, Emilie (Sewer backup causing waste water to flood home) Billing Category: 18 - RLO Claim #21842582 02/26/2021 IR Receipt and review of new file email from Richard Ignoffo, with City of Boynton Beach Risk Management, regarding potential new litigation from incident on June 9, 2020; receipt and review of Incident Report, photograph and First Report of Loss or Claim; receipt and review of email from February 18, 2021 from the resident to the City regarding problems still exist; preparation of tickler to follow up if further assistance is needed from our litigation team on this new matter [sewer back up at resident's property]; FOR CURRENT SERVICES RENDERED TINAPVPPPPP INUMU KILKA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $125.00 HOURS TOTAL $50.00 Page: 1 03/02/2021 306-9905548 35108 50.00 50.00 $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 161 of 1360 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach March 19, 2021 Attn: Karen Klein Bill No. 56818 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 02/28/21 PROFESSIONAL SERVICES Date Services Attorney Hours 02/01/21 Correspondence to correspondence from Gal Betesh re: SWK 0.20 retainment of shared expert, Dr. Kenneth Garrod, board-certified hand orthopedic surgeon. 02/01/21 Receipt and review of curriculum vitae, W9 Form, and fee SWK 0.30 schedule for orthopedic expert, Dr. Kenneth Garrod. 02/01/21 Prepare for and attendance at depositions of Sergeant Dugger SWK 1.60 and Captain Kelley, including review of police reports, use of force form, and use of force index code. 02/01/21 Attendance at depositions of Sergeant Dugger and Captain SWK 2.10 Mike Kelley (via Zoom). 02/03/21 Correspondence to Attorney Finney re: upcoming depositions SWK 0.10 of Deputy Chief Vanessa Snow, Detective Danielle Whitefield, and Sergeant Henry Crowell. 02/03/21 Receipt and review of Plaintiff's Amended Notice of Taking SWK 0.10 Deposition of Deputy Chief Vanessa Snow. 02/03/21 Telephone conference with Gal Batesh, counsel for City, re SWK 0.40 unfavorable opinion of expert Smith and strategy moving forward 02/03/21 Telephone conference with Gal Batesh, counsel for City re SWK 0.30 discussing unfavorable opinion of expert, Brad Smith. 02/03/21 Prepare for and attendance at depositions of officers Danielle SWK 1.80 Whitefield, Henry Crowell, and Deputy Chief Snow, including review of police reports, dash cam footage, CAD reports, and use of force form. 02/04/21 Receipt and review of Correspondence from Gal Betesh re: SWK 0.30 K-9 expert, Kyle Heyen. Page 162 of 1360 Client: City of Boynton Beach March 19, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 02/04/21 Receipt and review of Re -Notice of Taking Video Deposition of SWK 0.10 Officer Mark Sohn. 02/04/21 Correspondence to Karen Klein re: K-9 expert, Brad Smith's, SWK 0.60 unfavorable opinion and potential retention of K-9 expert, Kyle Heyen. 02/04/21 Receipt and review of use of force and E-9 expert, Kyle SWK 0.30 Heyen's, curriculum vitae, fee schedule, and elkins list. 02/04/21 Attendance at depositions of officers Danielle Whitefield, SWK 2.80 Vanessa Snow, and Henry Crowell (via Zoom). 02/04/21 Telephone conference with Officer Sohn re unfavorable SWK 0.30 opinions of City's expert Brad Smith and other potential experts. 02/04/21 Review/Analyze of deposition transcript of Plaintiff, Patrick JK 0.90 McFadden, to identify any potential witnesses and locate possible future discovery needed. 02/05/21 Receipt and review of Correspondence from Gal Betesh to SWK 0.30 Linnes Finney re: CME with Dr. Kenneth Garrod. 02/05/21 Correspondence to correspondence from Mark Sohn re: K-9 SWK 0.20 expert, Brad Smith's, unfavorable opinion and concern of retention of K-9 expert, Kyle Heyen. 02/05/21 Correspondence to correspondences to and from Mark Sohn SWK 0.40 re: additional options for K9 experts and curriculum vitae of Kyle Heyen. 02/05/21 Telephone conference with Gal Batesh re Officer Sohn may SWK 0.20 have concerns about expert. 02/05/21 Preparation of correspondence to Karen Klein re: summary of SWK 1.60 depositions of Sergeant Daniel Dugger, Captain Mike Kelley, Deputy Chief of Police Vanessa Snow, Detective Danielle Whitefield, and Sergeant Henry Crowell. 02/08/21 Correspondence to correspondences to and from Attorney SWK 0.40 Finney re deposition of Officer Amanda Shepaum. 02/08/21 Telephone conference with Officer Sohn re potential expert SWK 0.30 concerns, locating other options, and obtaining consulting opinion. 02/08/21 Telephone conference with counsel for City, Gal Batesh re SWK 0.30 Sohn's concerns re expert and potentially locating additional expert options. 02/08/21 Telephone conference with Marc Plunske, K-9 trainer, re SWK 0.20 potential K-9 experts for this case. 02/08/21 Prepare for and attendance at deposition of Officer Whitefield SWK 0.70 and Sergeant Kautz, including review of Whitefield's report, and K-9 operations index code 16-30 and Training Manual 14-04. 02/08/21 Attendance at deposition of Officer Daryn Whitefield (via SWK 0.90 Zoom). 02/08/21 Attendance at deposition of Sergeant Kautz (via Zoom). SWK 0.70 Page 163 of 1360 Client: City of Boynton Beach March 19, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 02/08/21 Draft/Revise detailed witness list and determined additional JK 2.50 discovery needed based on records received from Defendant, City of Boynton Beach, in response to Plaintiff's Request for Production. [877 pages total]. 02/08/21 Review/Analyze of file to determine relevant documents in JK 0.80 support of pre -deposition telephone conference with Officer Mark Sohn on February 9, 2020. 02/09/21 Receipt and review of Correspondence from Linnes Finney to SWK 0.40 Gal Betesh re: IME with Dr. Kenneth Garrod and limitations. 02/10/21 Correspondence to correspondences to and from Marc Plunske SWK 0.30 re: potential expert witnesses. 02/10/21 Correspondence to correspondences to and from Gal Betesh re SWK 0.30 deposition of Officer Amanda Shepaum. 02/11/21 Receipt and review of Correspondence from Mark Sohn re: BLB 0.30 suggested potential expert. 02/11/21 Preparation of Correspondence to Mark Sohn re: suggested BLB 0.10 expert. 02/11/21 Receipt and review of Correspondence to and from Mark Sohn BLB 0.30 re: potential suggested expert. 02/11/21 Correspondence to Gal Betesh re: potential K9 and use of force SWK 0.20 experts, Mike Pennington and David Magruder. 02/11/21 Correspondence to Mike Pennington re fee schedule and Elkins SWK 0.20 list. 02/11/21 Receipt and review of potential K9 and use of force expert, SWK 0.30 Mike Pennington's curriculum vitae. 02/11/21 Receipt and review of potential K9 and use of force expert, SWK 0.20 David Magruder's curriculum vitae. 02/11/21 Correspondence to Officer Sohn re: potential K9 and use of SWK 0.20 force expert, Mike Pennington's curriculum vitae. 02/11/21 Correspondence to Officer Sohn re: potential K9 and use of BLB 0.10 force expert, Bobby Anderson. 02/11/21 Telephone conference with Gal Batesh re discussing potential SWK 0.30 force expert and issues with Plaintiff's proposed CME stipulation. 02/11/21 Telephone conference with Bobby Anderson, potential K-9 use SWK 0.30 of force expert/ 02/11/21 Telephone conference with Mike Cunningham, potential K-9 SWK 0.60 use of force expert. 02/11/21 Preparation of pre -deposition conference with Officer Mark BLB 3.50 Sohn, including review of audio videos, police reports and materials to prepare him for his deposition. 02/12/21 Receipt and review of potential K9 and use of force expert, SWK 0.10 Michael Pennington's fee schedule. Page 164 of 1360 Client: City of Boynton Beach March 19, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 02/12/21 Correspondence to and from potential K9 and use of force SWK 0.20 expert, Michael Pennington, re: recent cases he testified in and curriculum vitae of his partner, Gary Rockefeller. 02/12/21 Attendance at pre -deposition conference with Officer Mark BLB 2.90 Sohn. 02/16/21 Telephone conference with Gal Batesh re our police practices SWK 0.40 expert and plaintiff's objections to CME. 02/17/21 Multiple correspondences to and from Gal Betesh re: Plaintiffs SWK 0.70 stipulation as to limitations of compulsory medical examination. 02/17/21 Preparation of Notice of Production from Non -Parties directed SWK 0.20 to Bethesda Hospital East, Drug Abuse Foundation, Emerge Recovery Center, Electric Connection. 02/17/21 Preparation of Subpoena duces tecum and Statement of JK 0.20 Assurance directed to Bethesda Hospital East. 02/17/21 Preparation of Subpoena duces tecum and Statement of JK 0.20 Assurance directed to Drug Abuse Foundation. 02/17/21 Preparation of Subpoena duces tecum and Statement of JK 0.20 Assurance directed to Electric Connection. 02/17/21 Preparation of Subpoena duces tecum and Statement of JK 0.20 Assurance directed to Emerge Recovery Center. 02/17/21 Correspondence to Office of State Attorney re: our public SWK 0.20 records request. 02/17/21 Preparation of Subpoena duces tecum and Statement of JK 0.20 Assurance directed to Broward County Jail. 02/17/21 Correspondence to City of Lantana Police Department re: our SWK 0.20 public records request. 02/17/21 Correspondence to Palm Beach County Sheriff's Office re: our SWK 0.20 public records request. 02/17/21 Correspondence to Broward County Sheriffs Office re: our SWK 0.20 public records request. 02/18/21 Receipt and review of exhibits from the deposition of Officer, SWK 0.40 Mark Sohn taken on 02/18/2021. 02/18/21 Attendance at Plaintiff's deposition of Officer Mark Sohn. BLB 2.30 02/19/21 Receipt and review of Co -Defendant, City of Boynton Beach's, SWK 0.20 request for copies of records produced pursuant to our Notice of Production from Non -Parties filed 2/18/21. 02/19/21 Correspondence to correspondence from Office of State SWK 0.20 Attorney re: cases concerning Patrick McFadden. 02/22/21 Correspondence to Office of State Attorney re: our public SWK 0.20 records request. 02/22/21 Correspondence to correspondence from Palm Beach County SWK 0.20 Sheriffs Office re: our request for video footage and 911 audio. Page 165 of 1360 Client: City of Boynton Beach March 19, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 02/23/21 Correspondence to correspondence from Palm Beach County SWK 0.20 Sheriffs Office re: 911 records. 02/23/21 Receipt and review of 911 CAD Report from Palm Beach SWK 0.30 County Sheriffs Office pursuant to our public records request. 02/23/21 Correspondence to Palm Beach County Sheriff's Office re: our SWK 0.20 public records request. 02/23/21 Communicate/Other External correspondence to expert, Mike JK 0.10 Pennington, regarding records and body cam footage for his review. 02/23/21 Correspondence to K-9 and use of force expert, Mike SWK 0.20 Pennington, re: retainment. 02/23/21 Correspondence to correspondence from Gal Betesch re: SWK 0.20 Compulsory Medical Examination of Plaintiff. 02/23/21 Review/Analyze Of file to determine relevant documents to JK 0.90 send to K9 expert, Mike Pennington, for review. 02/24/21 Receipt and review of billing records from Phoenix ED Med of SWK 0.30 Broward, LLC pursuant to our subpoena duces tecum. 02/24/21 Review/Analyze correspondence from City of Lantana Policy SWK 0.20 Department regarding our public records request. 02/25/21 Receipt and review of Plaintiff's Re -Notice of Taking Deposition SWK 0.10 of Officer Amanda Shepaum. 02/25/21 Review/Analyze deposition transcript of Officer Mark Sohn, 79 SWK 0.80 pages. 02/25/21 Draft/Revise updated witness list based on information found in JK 0.80 incident reports and police records received from Lantana Police Department. 02/26/21 Receipt and review of multiple body -cam videos from Broward SWK 1.10 County Sheriffs Office pursuant to our updated public records request. 02/27/21 Review/Analyze records from City of Lantana Policy SWK 0.70 Department pursuant to our public records request. 02/27/21 Receipt and review of photographs from Palm Beach County SWK 1.70 Sheriffs Office, 274 pages, pursuant to our public records request. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 9.50 185.00 1,757.50 JK Jaime Kehoe, Paralegal 7.00 110.00 770.00 SWK Stephanie W. Kaufer, Partner 30.40 185.00 5,624.00 Page 166 of 1360 Client: City of Boynton Beach March 19, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 6 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount Total Professional Services 46.90 $8,151.50 DISBURSEMENTS Date Description Amount 01/12/21 Litigation Support Vendors Telephone conference with Gal 7.65 Betesh and Tracey DeCarlo to discuss the defense strategy in advance of the officer depositions in February. - Vast Conference Call paid with American Express 02/05/21 Subpoena Fees #LAS -20200017019 -Palm Beach County 50.00 Jail records custodian - Legal Advocate Services, Inc. 02/12/21 Outside Printing Recs from Phoenix Emergency Med - 29.00 ChartSwap 02/23/21 Outside Printing records on Plf from PBSO - Palm Beach 30.77 County Sheriffs Office Total Disbursements $117.42 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: 9,837.00 -9,837.00 $ 8,268.92 Page 167 of 1360 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: 56818 Bill Date: March 19, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 8,151.50 117.42 $ 8,268.92 9,837.00 -9,837.00 $ 8,268.92 0.00 $8,268.92 Page 168 of 1360 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach March 9, 2021 Attn: claims@bbfl.us Bill No. 56616 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 02/28/21 PROFESSIONAL SERVICES Date Services Attorney Hours 02/02/21 Preparation of correspondence to Medsolutions, Inc. re: status LHR 0.30 of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/02/21 Preparation of correspondence to UrgentMed re: status of LHR 0.30 medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/02/21 Attendance at deposition of Plaintiff Sanford Geraci (deposition LHR 2.30 continued due to complications involving remote Zoom connection with Plaintiff counsel. 02/03/21 Preparation of correspondence to Dr. Danette Arthur re: status LHR 0.30 of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/03/21 Preparation of correspondence to Dr. Uma Choday re: status of LHR 0.30 medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/03/21 Telephone conference with Dr. Danette Arthur re: status of RKD 0.30 medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/04/21 Preparation of correspondence to Dr. Stuart Friedman re: LHR 0.30 status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/04/21 Preparation of correspondence to Medicaid re: status of LHR 0.30 medicaid records pertaining to Plaintiff, Sanford Geraci, pursuant to executed authorization. 02/10/21 Telephone conference with MedSolutions re: status of medical RKD 0.30 records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. Page 169 of 1360 Client: City of Boynton Beach March 9, 2021 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 02/10/21 Receipt and review of e-mail from MedSolutions re: status of LHR 0.20 medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/10/21 Receipt and review of extensive medical records from LHR 1.20 MedSolutions pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. (116 pages) 02/10/21 Telephone conference with UrgentMed re: status of medical RKD 0.30 records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/10/21 Receipt and review of e-mail from UrgentMed re: status of LHR 0.20 medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/10/21 Receipt and review of medical records from UrgentMed LHR 0.50 pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 02/12/21 Preparation of e-mail to Plaintiffs' counsel Eiss re: depositions LHR 0.20 of Plaintiffs Sanford and Meredith Geraci and Defendant Matthew Zeller. 02/12/21 Receipt and review of email response from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiff Meredith Geraci and Defendant Matthew Zeller and his intention to proceed with depositions as scheduled. 02/12/21 Preparation of Notice of Cancellation of Videotaped Deposition LHR 0.20 of Meredith Geraci. 02/12/21 Preparation of second email to Plaintiffs' counsel Eiss re: LHR 0.20 continued issues with depositions of Plaintiff Meredith Geraci and Defendant Matthew Zeller and position concerning same. 02/12/21 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 discussing issues with depositions of Plaintiff Sanford and Meredith Geraci and Defendant Matthew Zeller. 02/12/21 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 discussing issues with depositions of Plaintiff Sanford and Meredith Geraci and Defendant Matthew Zeller. 02/15/21 Telephone conference with Capt. Zeller re: his upcoming LHR 0.30 deposition and pre -deposition conference, and discussions concerning same. 02/18/21 Preparation of e-mail to Plaintiffs' counsel Eiss re: depositions LHR 0.20 of Plaintiffs Sanford Geraci and Meredith Geraci. 02/18/21 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: status of depositions of Plaintiffs Sanford Geraci and Meredith Geraci. 02/18/21 Receipt and review of medical records from Dr. Uma Choday LHR 0.50 pursuant to subpoena duces tecum. 02/21/21 Telephone conference with Capt. Zeller re: upcoming LHR 0.30 pre -deposition conference. Page 170 of 1360 Client: City of Boynton Beach March 9, 2021 Matter: 19132 - Geraci v. Zeller Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 02/22/21 Attendance at pre -deposition meeting with Capt. Matthew LHR 1.70 Reynolds, Jr. Zeller. Facsimile Fax to 954-923-7722. 02/03/21 02/22/21 Attendance at pre -deposition meeting with Capt. Matthew RKD 1.70 transcript - Florida Court Reporting Zeller. Outside Printing Medical records from Dr. Uma Choday. - 02/26/21 Preparation of e-mail to Plaintiffs' counsel Eiss re: depositions LHR 0.20 Geraci deposition video - Legal Graphicworks, Inc. of Plaintiffs Sanford and Meredith Geraci. Outside Printing #2134 -Sanford Geraci medical records - Evicore Healthcare PROFESSIONAL SERVICES SUMMARY Total Disbursements Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 10.80 185.00 1,998.00 RKD Rebecca K. Davis, Paralegal 2.60 110.00 286.00 Total Professional Services 13.40 $2,284.00 DISBURSEMENTS Date Description 02/02/21 Other Lunch with insured Capt. Mattew Zeller after deposition of Plaintiff, Sanford Geraci. - Lyman H. Reynolds, Jr. 02/03/21 Facsimile Fax to 954-923-7722. 02/03/21 Facsimile Fax to 561-488-8744. 02/09/21 Court Reporter #183561;Sanford Geraci deposition transcript - Florida Court Reporting 02/12/21 Outside Printing Medical records from Dr. Uma Choday. - Uma Choday, M.D., P.A. 02/12/21 Deposition Transcripts #LGW-D 2021-0026;Sanford Geraci deposition video - Legal Graphicworks, Inc. 02/19/21 Outside Printing #2134 -Sanford Geraci medical records - Evicore Healthcare Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Amount 52.66 14.00 16.00 360.00 4.00 218.75 44.25 $709.66 $ 2,993.66 1,143.50 -993.50 $ 3,143.66 Page 171 of 1360 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: 56616 Bill Date: March 9, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 2,284.00 1••. $ 2,993.66 1,143.50 -993.50 $ 3,143.66 150.00 $3,143.66 Page 172 of 1360 6.B. Consent Agenda 4/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Accept first quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY20/21. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission Meeting. Report covers October 1 -December 31, 2020 How will this affect city programs or services? None Fiscal Impact: Do not accept report. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint Description SCM If elpoirt flirst gUia irteir 1::::Y20/21 Page 173 of 1360 ^�"RimM wI01 +9gqR1 D� U1 m 1 M 1 0" Ie C%l del & NSA � � S E U �V,�Ese 1II A II!3 Q°,i II N,' (" a C E 6M I R Quarterly Report FY '20/'21 1s' Quarter General Operations The Museum continued to operate at reduced capacity due to the pandemic, however, a slight increase in both admissions and membership sales was realized during the first quarter of '20/'21 when compared to the previous quarter. Operational format continued to be two play sessions and an hour and a half closure in between for cleaning and sanitizing. Reservations continue to be required as well as masks for all guests age 2 and up, per County mandate. Revenue Due to the continued impact of COVID-19, income remains significantly lower than the year before. Gross Revenue for the first quarter of '20/'21 was 13.4% higher than the same period the previous year. This increase was directly related to a Capital Campaign gift to re - imagine and refresh an exhibit. Excluding the City's support, income from operations, including fundraising for FY '20/'21— Q1 was $173,761.71 vs. $153,124.64 in FY '19/'20 — Q1. Expenses Overall Expenses for the first quarter of '20/'21 were on par with the same period last year. Expenses for FY'20/'21— Q1 were $125,008.02 vs. $125,832.47 in FY '19/'20 — Q1. Programming "Live" programming at the Museum continues and participation is increasing. One of the twice -monthly outreach programs has resumed. Respectfully submitted, SUja nne/ 20-Sk Executive Director Page 174 of 1360 6.C. Consent Agenda 4/6/2021 Requested Action by Commission: Approve an increase for metal containers and roll -offs from the estimated amount of $150,000.00 to $180,000.00 with the current vendor Iron Container based on the increased pricing for steel and iron. Explanation of Request: On October 16, 2018, City Commission approved the bid award for "Metal Containers and Roll -Offs Term Contract", Bid No. 035-2510-18/IT, to Iron Container of Miami. Iron Container has supplied the City with metal containers and roll -offs since 2011. The most recent renewal to the bid was approved by City Commission on October 20, 2020 and is for the term October 17, 2020 through October 16, 2021. There are two additional (1) yr renewals. Iron Container has notified the City that they will not be able to provide the steel containers and roll -offs at the current bid pricing due to dramatic increases in the cost of steel. The vendor has requested a price increase of approximately 20%. The original bid pricing and the Producers Price Index graphs are attached to show the increase of steel. Staff has reviewed the price increase and has received assurances from this vendor that the increase is only a temporary increase. If the prices of of steel are reduced mid -year, the vendor will adjust for the decrease. Upon review of other bids as an alternative option, staff determined that this increase is still the most competitive pricing for the City. How will this affect city programs or services? Approving this increase will allow the City to continue to purchase metal containers and roll -offs in a timely manner "as needed." Fiscal Impact: Budgeted Sufficient funds were budgeted and approved for fiscal year 2021. Alternatives: The increase in steel and iron pricing as indicated in the Producers Price Index, affects all providers of metal containers. Issuing a new solicitation would result in a similar outcome for bid pricing. Iron Container submitted the lowest bid pricing in 2018, and the requested increase is based on their lower prices. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 175 of 1360 Is this a grant? Grant Amount: Attachments: Type D I etteir D Attachirneint D I Attachirneint D Attachirneint Description Eirnaill firoirn Iliron Cointaiineir Ipirlice incirease FlirodLACEK Price I index I irc. n and Stee�� I ron Container Ipirlice adjUlStirne%int with oirigiinall Ibid pinc,ing Price Il.....list 2...1 8 21 Page 176 of 1360 From: Gabriela Keddell <k...:::..dd...::.:.............'.�6ii"oir�int:a6ireii,"coirn> .......... � .................. Sent: Friday, February 26, 20219:33 AM To: Greco-Arencibia, Adrianna < ir„ p fir„ irl i%I ii 1..bI. [II_ a s.> Cc: Ferguson, Bruce <I ru��2irllC� Subject: FW: City - discussions AMMMUMMM It was a pleasure meeting you on Wednesday. Please see the below email that we have sent out to all our cities to let them know the current state of the steel market ect. If you have any questions please find my details in my signature. I would be happy to answer any questions you may have. We are forced to inform you that due to circumstances beyond our control, we can no longer honor the container prices quoted on bid number : Regrettably the steel market prices are beyond anything we have seen in history. Prices are at record highs and material availability is limited. As such we can no longer supply at the previously agreed level. We would like to ask for a temporary price adjustment. We are expecting steel prices to adjust down later in the year, but for now we need to quote at the attached price level. To continue to sell at the contract level would be detrimental to our business. I appreciate you understanding and I am available for any process or discussions to move this forward. Below is the current CRU steel index chart: o Nice CON / N T, zoo rur WO r} rr sd V A 120, 1011 $861, (Y, ,,A, 000 o p°� `iBRH).Ou � 41 56f'O 000, WIv, 6 e t E `,64, W bd �I rz&d it rr fi 4",reg. cl ri y Or<,rr _ ,f 0 )OW), r.4 r);i Or) Wr d'ie+, iry 01V Jt,"(08 S')Y',. oo Jd,r,da)(,0 rhr.r l(,,)01`,, A,gr,,r12, ^0 r0, S4 00 q q1H.er Page 177 of 1360 Regards Gabriela Ke ell Sales Executive Iron Container® LLC 8505 NW 74th St® Miami, FL 33166 Iron Container Central Florida 740 East Alfred Street Lake Alfred, Florida 33850 305-726-2150 Main 786-367-2011 Mobile www.ironcontainer.com *New container prices maybe subject to change without notice —due to fluctuations in steel prices* Page 178 of 1360 3/16/2021 Producer Price Index by Commodity: Metals and Metal Products: Iron and Steel (WPU101) I FRED I St. Louis Fed lk Categories > Prices > Producer Price Indexes (11I1 > Commodity Based > Metals and Metal Products * Producer Price Index by Commodity: Metals and Metal Products: Iron and Steel (wPulol) DOWN [OAD Obsemticw Units: Frequency. Feb 2021: 255.2 (4. more) Index 1982=100, Monthly Updated: Mar 12, 2021 Not Seasonally Adjusted IYISYIIOYIMax L1926-01-Ot—] 12021-a2-01 FRED lL✓ —" Producer Price index by Commodity: Metals and Metal Products: Iron and Steel 20 �Sil 2,41 Source: U.S. Bureau of Labor Statistics Share Links % Account Tools i NOTES PDI'T r kAPii1 1. fred.stlouisfed.10h Source: U.S. Bureau of Labor Statistics 0 Release: Producer Price Index Pr Units: Index 1982=100, Not Seasonally Adjusted Frequency: Monthly Suggested Citation: U.S. Bureau of Labor Statistics, Producer Price Index by Commodity: Metals and Metal Products: Iron and Steel [WPU101 ], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stiouisfed.org/series/WPU101, March 15, 2021. RELEASE.TABLES Producer Price Index 91 Table S. Producer price indexes for selected commodity groupings, not seasonaly adjusted ® Goods: Metal and Metal Products RELATED CONTENT Related Resources https:/ffred.stiouisfed.org/series/WPU101 Page 179 of 1f0 BID NO. 035-2510-18/IT METAL CONTAINERS AND ROLL -OFFS, TERM CONTRACI 1:11 To: City of Boynton Beach, Florida The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. In accordance with the General Conditions, Special Conditions, and Specifications and Requirements, the undersigned bidder offers the following: Basis of Award: It is the intent of the City to award to the lowest responsive and responsible bidder on an item by item basis, or total bid price, whichever is in the City's best interest. -j—TEM _dTY/UM DESCRIPTION — UNIT PRICE TOTAL PRICE 1 10 ea Metal Containers; 2 C.Y., green, with black plastic lids $ oW $ —*I -W _-00 2 10 ea Metal Containers; 3 C.Y., green, with black plastic lids — $—G —ao®4® $_L_tq0_0- 00 3 20 ea Metal Containers; 4 C.Y., green, with black —plastic lids $ (010-C)o $j 5.1 ljc� - CO 4 20 ea Metal Containers; 6 C.Y., green, with —black plastic lids $ 00 5 — 20 ea Metal Containers; 8 C.Y. ; green, with black —plastic097.00 lids $ UP156o oo 6 10 ea Lids, black plastic with rods for 2 C.Y. containers $ $ 7 10 ea Lids black plastic with rods for 3 C.Y. containers 8 — 10 ea Lids black plastic with rods for 4 C.Y.qpt�nine� crt) 9 10 ea Lids black plastic with rods C.Y. C I ers 10 10 ea Lids black plastic h rods for 8 C.Y. con ers $ Specify Manufacturer Name and Model Number of Metal Container Offered: Manufacturer: tepr,4-_IfA(LLjFQ, Model �1, /` 0 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 035-2510-18/1T Page 180 of 1360 M BID NO. 035-2510-18/IT METAL CONTAINERS AND ROLL -OFFS, TERM CONTRACI _J_TEM _d_T_Y/UM DESCRIPTION UNIT PRICE TOTAL PRICE 11 1 ea Container, roll -off, open, 10 C.Y., green $_a' siso . ca $-I a_�O- 00 12 1 ea Container, roll -off, open, 20 C.Y., green $ GL, q X-10 $ 13 1 ea Container, roll -off, open, 30 C.Y., green $ 21fl-) $ 4 $15XID t 14 1 ea Container, roll -off, open, 40 C.Y., greenao •"' 15 1 ea Container, recycling roll -off, with plastic doors, 40 C.Y., green $-45-c"O $_JA70D.e43 TOTAL BID PRICE (LINES I THRU 15): Specify Manufacturer Name and Model Number of Roll -off and Recycling Container Offered: Open Roll -off: Manufacturer: CDN 76ik�f� Model No.:9� _;�_C0 L Recycling Roll -off: Manufacturer:Jelby Model No.: IC 90(Z, The City desires delivery within thirty (30) calendar days after request. Delivery will be within SO calendar days after receipt of Purchase Order. 0, Ix ALL PRICES MUST BE F.O.B. BOYNTON BEACH UV COMPANY NAME SIGN TU U E OF AUTHORIZED OFFICIAL �LA_tA_%j Ct+AQ_L_S_( -7.X 6- J,)_ 15 0 PRINTED NAME OF AUTHORIZED OFFICIAL TELEPHONE NUMBER 5 AAP.,4�; D 1!e Op_ ( 3 05), �W - �t13 2,Z . ) @ .f t)() TITLE FAX NUMBER \,,VMAIL ADDRESS 20 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 035-2510-18/1T Page 181 of 1360 _31D NO. 035-2510-1811T METAL CONTAINERS AND ROLL -OFFS, TERM CONTRACT ea Container, roll -off, o 00 pen, 10 O. green W1 TA TO L PRICE $ 12 1 ea I Container, 1`011 -Off, open, 20 C.Y., green ____ 00 , 13 1 1 ea Container, roil -off, open, 30 C.Y,, green s, s. 14 1 ea_._ .... _... CPontainer, r0li-off, open, 40 C,Y., green $ 5 ea Containe 1 r, recycling roll -off, with plastic doors f 40 ._C.Y-,,_green $ $ TOTAL BID PRICE (LINES I THRU 15): Specify Manufacturer Name and Model Number of Roll -off and Recycling Container offered: Open dol{ -off: Manufacturer: Recycling Roll -off. Manufacturer: e. Model No,:,,- 3L 12,t> The City desires delivery within thirty (30) calendar days after request. Delivery will be within - —30—calendar days after receipt of Purchase Order, ftQVW�CLN 8gAgy COM PA Y 0174M UKt()FAU'F"HORIZEDo�Fl"ClA'La-. PRINTED �k AL W TITLE j 3o5j Lloo k !E- �ILAORESS THIS PAGE TO BE SUBMITTED FOR BID PACKAGE 20 TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 035-2510-18/IT Page 182 of 1360 BID NO. 035-2510-18/IT METAL CONTAINERS AND ROLL -OFFS, TERM CONTRACT TO: City of Boynton Beach, Florida ful EnConanions, Sp cial Conditions, the undersigned bidder offers the following: and Specifi ations and Requirements, Basis Of Award: It is the Intent of the CitY to award to the lowest Wd' !J!F'PTION 10 ea Metal Containers; 2 C.Y., green, with black Plastic lids 34 6fo-- 2 10 ea Mainers; 3 C.Y, green, with black plastic lids s- 4b% -oo 3 20 ea Metal Containers; 4 C.Y., green, with black I pl astic lids . . ..... 4 20 ea ers; 6 C -Y., green, with black plastic - ------ -- 1---, lids ---- --11-111 -.- , --- 1-111 - I 1--l" Go 5 20 ea —111"'. - . Metal Containers; 8 C.Y.; green, with black pi—ast'lo" lids $ T5 - 00 '70 $ 6 10 ea Lids, black plastic with rods for 2 CY. co ntainers $ 00 1 7 1 10 Li ds black plastic with rods for 3 C.Y. containers $ 8 10 eaLids black Plastic with rods for 4 C,Y. containers"""' s-14 9 10 ea Lids black plastic with rods for 6 CY. containers ....... 10 10 ea Lids black plastic with rods for 8 C,Y containers Specify Manufacturer Name and Model Number of Metal Container Offered: Manufacturer. Model No.: -1c, IFEI-Is 2 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE 1,9 TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 035-2510-18/1T Page 183 of 1360 :: 2 a 0 s S N = N 00 s d LL O O O O O L O O 0 C) (3) (3) . 1:11 CO 00 r-I ff}6qi 6q E C S O O f6 'n .0 0 0 0 f6 V) 0 6q 0 0 O 50 ) o O 0 °N° (D 00 O :� O OC O OC O OC O OC V V L L L L (3) (3) (3) (3) C C C C f6 'n f6 'n f6 V) f6 V) a O a O a O a O O OC O OC O OC O OC V V V V �C J Ln J Ln J Ln J V) O•• 7 O •• 7 O •• 7 O •• 7 :3:'n a' 3 'n a' 3 'n a' 3 'n a' (3) (3) (3) a) (3) (3) (3) (3) 0-0 L 0-0 L 0-0 L 0-0 L >, u O >, u O >, u O >, u O "a a Q -a a Q -a a Q -a a Q CU H 7 f6 H 7 f6 H 7 f6 H 7 a) a) a) a) Ln Ln Ln Ln = r = r = r = r 70 cc 70 cc 70 cc 70 cc (3) U (3) U (3) U (3) U +J +J +J +J CL CL CL CL O •H O •H O •H O •H cc > cc > cc >1 a +j a +j a +j a +j +J (3) +J (3) +J (3) +J (3) a 4- a 4- a 4- a 4-- ru ru ru c cc r a) cn r (3) U) r (3) cn r (3) cn uo)-a uo)70 uo)70 Ln70 L {n L {n L {n L {n (3) 0) (3) 0) (3) 0) (3) 0) "aa)O 'a(3)a 'a(3)a 'a(3)a ru a) r ru a) r cc a) r cc a) r O a a O a a O a a O a a f6 J.14 J f6 J f6 J f6 C7 O C7 O C7 O C7 c C N f6 C N f6 C N f6 C N f6 W r1 L W r-1 L W r1 L W r-1 L D D D D +J +J +J +J OL OL OL OL N O of 11 +, -a R* O of LL +j -a to O Ln LL +j -a O of LL +j -a N +' .� N +' .� N +' .� N +' .� J -a m J J -a m J J -a m J J -L. W Y W Y W Y W ( Y i LL 0) LL 0) LL 0) LL 0) CV �m m to co ,j •� caom • caom s J DC7 J -00 J DC7 J DC7 5 ? W V O "a W V a) 'a W V a) 'a W V O 'a LL ,� c N ca LL ,� c co LL ,� c co LL ,� c co co i r4 fV M a p cj ci ci ci D 0000 O O O O O pj LO O O s r -I O O O CM L CM 1:11 Ec) 6q 16q ff} i sp p O O O O O O O O O O {c) 6q 6q 6q L •rI p cj ci ci ci D 0000 O SO O pj LO O O ? r -I O O O CM L CM Ef? 6q 16q ff} p cj ci ci ci 0000 D 0000 O CV O O O CV N 2 O r -I � r -I ri O ri O r U Ln L 0 �+ {ni L +j Ln +•' N Ln cn Or 4--0+j L •rI O E L V f6 N N f6 a oC E d � C O Q of D O N of 2 Ln r O N N= +•' V C +j cn r •� C r1 C •� M N -0 O ra V M OC + Ln O = X L Q V Oro _ +•' `H M L C `H 1 m N N = O X C V l0 aim H r H O O 'a O = 00 ry) N = Ln M —I oy X 0 n N r 0 c = (3) Ln �1•rri M H N J cc Ln � O "a X L C (n ++ O •u r0 :ts Q O O O r-1 O :ts r O N IQ^� cn C r= 0) 70 a� cts� C V i rar"I ' Co-� a)tr6 cn +j LL M N L 4, +j L lfl X O O CZ c +I U H Ln U V M N U L. OLL Cl) V H ~H r = "a (L)0 O X 0 LL lfl C= r 0 a o N cts s o� M Li M a V 3 N M X a Ln L Ln 4 -Ln 0 ' N a *' (L)) N ;0L 4� Ln O O E L O O "a X Cl) V X O � :m as 0' U U ooc - cYn� � k.0 3 i Lr; co 1: ad 0000 O 0000 O CV O O O CV O O r -I � r -I ri O ri O U L 0 •a n 0 s E 0 0 a 0 a a o E a � � E c a o a n u a � s � u p0 � a a � c a c � a s a c � o c E •a � > a n % � a � u � Y � 3 u � � a u � � a a � o a a � o 0 s c c 3 u H c o a � a o � � � o � o a � � a � a � a � � a a E o i � u � � O et 0p � a � a � o 0 u y � � a � � Y a a � o -a a � 3 � u y0 '6 a a oc a a � u o� � n O O C7 r 4- 0 LO CIDr N a) Cu 0- I Consent Agenda 4/6/2021 Requested Action by Commission: Proposed Resolution No. R21-033 - Establish a new Special Revenue Fund for the Building Division pursuant to State of Florida Statutes 553.80 and 166.222. Explanation of Request: As a result of amendments to Florida State Statutes 166.222 (management of Building Code Inspection Fees) and 553.80 (Building Construction Standards — Enforcement) the Finance Department and Building Division are proposing to establish a special revenue fund for the Building Division. FSS 553.80 (Building Construction Standards — Enforcement) states "the governing body of a local government that provides a schedule of fees shall create a Building Permit and Inspection Utilization Report and post the report on its website" for the public to see. After December 31, 2020, this report should include: Direct and indirect costs (personnel, operating expenditures, debt payments, and capital outlay needs) incurred by the local government to enforce the Florida Building Code Permit and inspection utilization information Revenue Information: fees, fines, investment earnings and balances Currently the recording of these revenues and expenses are combined with other sources and various individual departments within the General Fund. The creation of a Special Revenue Building Fund will facilitate the segregation and tracking of the information needed for the required reporting. How will this affect city programs or services? The creation of the Building Fund will allow for tracking of revenue and expenditures of the Building Division in accordance with Florida State Statutes 166.222 and 553.80. Fiscal Impact: Non -budgeted The General Fund Revenues and Expenses will be reduced by $3,069,949 respectively. This reduction will result in the creation of the Special Revenue Building Fund's budget of $3,069,949. Alternatives: No action will result in noncompliance with Florida State Statute 553.80. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 186 of 1360 Grant Amount: Attachments: Type D IRESdUltion D Exhibit D Airneindirneint Description IRESdUltion estaUishiing a inew Specia If eveirlUle IF:::L.And foir theIi::: LAiding Division Exhibit IBUidr. et Airneindirneint Airneindirneint Page 187 of 1360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A NEW SPECIAL REVENUE FUND FOR THE BUILDING DIVISION PURSUANT TO FLORIDA STATUTE 553.80 AND 166.222; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statutes 166.222 (Management of Building Code Inspection Fees) and 553.80 (Building Construction Standards — Enforcement) the Finance Department and Building Division are proposing to improve the financial management process for Building revenues and expenditures; and WHEREAS, Florida Statute 553.80 (Building Construction Standards — Enforcement) states "the governing body of a local government that provides a schedule of fees shall create a Building Permit and Inspection Utilization Report and post the report on its website" for the public to see; and WHEREAS, the creation of a Special Revenue Building Fund will facilitate the segregation and tracking of the information needed for the report and will also ensure that the monies collected are exclusively used to operate the Building division. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves establishing a new special revenue fund for the Building Division pursuant to Florida Statute 553.80 and 166.222. Section 3. That there is hereby appropriated revised amounts to the General Fund (see Exhibit A) in that the General Fund Revenues and Expenses shall be reduced by 1 S:ACA\RESO\Budget\2020 - 2021 Budget\Establishing Special Revenue Fund For Building Division - Resolution.Docx Page 188 of 1360 29 $3,069,949 respectively. This reduction will result in the creation of the Special Revenue 30 Building Fund's budget of $3,069,949. 31 Section 4. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 6th day of April, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 53 Tammy Stanzione 54 Deputy City Clerk 55 56 57 58 (Corporate Seal) Mayor — Steven Grant Vice Mayor — Ty Penserga Commissioner —Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina Romelus VOTE YES NO 2 S:ACA\RESO\Budget\2020 - 2021 Budget\Establishing Special Revenue Fund For Building Division - Resolution.Docx Page 189 of 1360 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2020-21 Adopted Fund Total Expenses Building Fund (130) 130-0000-322.01-00 BUILDING PERMITS 130-0000-322.99-00 PENALTIES ON PERMITS 130-0000-381.01-01 FROM GENERAL FUND Adopted Fund Total Revenues 130-2411-524.xx-xx NEW BUILDING DEPARTMENT (See attachment) Adopted Fund Total Expenses 100,145,429 0 2,500,000 0 35,000 0 534,949 (2,460,000) 97,685,429 2,500,000 35,000 534,949 0 3,069,949 3,069,949 3,069,949 3,069,949 0 3,069,949 3,069,949 Page 190 of 1360 2020/21 CITY MANAGER 2020/21 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET General Fund (001) 001-0000-322.01-00 BUILDING PERMITS 2,500,000 (2,500,000) 001-0000-322.99-00 PENALTIES ON PERMITS 35,000 (35,000) - 001-0000-322.91-00 FUND BALANCE 923,613 75,000 998,613 Adopted Fund Total Revenues 100,145,429 (2,460,000) 97,685,429 001-2411-524.xx-xx BUILDING DEPARTMENT BUDGET 1,642,987 -1,642,987 0 001-1214-512.44-42 OFFICE RENTAL 4,484,700 -327,283 4,157,417 001-1211-512.43-10 ELECTRIC SERVICE 66,500 -4,855 61,646 001-1211-512.43-20 WATER/SEWER SERVICE 5,500 -402 5,099 001-1211-512.43-21 DISTRICT ENERGY PLANT 25,000 -1,825 23,175 001-1211-512.41-12 POSTAGE 50,000 -5,000 45,000 001-1211-512.91-13 TRANSFER TO DEVELOPMENT FUND - 534,948 534,948 001-1310-512.12-10 SALARY 307,219 -41,944 265,275 001-1310-512.21-10 FICA 23,502 -2,926 20,576 001-1310-512.22-10 PENSION 87,989 -6,316 81,673 001-1310-512.23-30 HEALTH INSURANCE 42,059 -5,285 36,774 001-1310-512.23-40 DENTAL INSURANCE 2,182 -331 1,851 001-1310-512.23-50 VISION INSURANCE 256 -31 225 001-2211-524.12-10 SALARY 1,309,439 -95,079 1,214,360 001-2211-524.21-10 FICA 100,697 -6,630 94,067 001-2211-524.22-10 PENSION 349,707 -14,321 335,386 001-2211-512.23-30 HEALTH INSURANCE 185,060 -11,980 173,080 001-2211-512.23-40 DENTAL INSURANCE 9,601 -761 8,840 001-2211-512.23-50 VISION INSURANCE 1,127 -71 1,056 001-2410-524.12-10 SALARY 751,507 -609,958 141,549 001-2410-524.21-10 FICA 60,874 -42,518 18,356 001-2410-524.22-10 PENSION 170,271 -91,885 78,386 001-2410-512.23-30 HEALTH INSURANCE 121,972 -76,855 45,117 001-2410-512.23-40 DENTAL INSURANCE 6,328 -5,249 1,079 001-2410-512.23-50 VISION INSURANCE 743 -457 286 Adopted Fund Total Expenses Building Fund (130) 130-0000-322.01-00 BUILDING PERMITS 130-0000-322.99-00 PENALTIES ON PERMITS 130-0000-381.01-01 FROM GENERAL FUND Adopted Fund Total Revenues 130-2411-524.xx-xx NEW BUILDING DEPARTMENT (See attachment) Adopted Fund Total Expenses 100,145,429 0 2,500,000 0 35,000 0 534,949 (2,460,000) 97,685,429 2,500,000 35,000 534,949 0 3,069,949 3,069,949 3,069,949 3,069,949 0 3,069,949 3,069,949 Page 190 of 1360 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2020-21 Adopted Fund Total Expenses Building Fund (130) 130-0000-322.01-00 BUILDING PERMITS 130-0000-322.99-00 PENALTIES ON PERMITS 130-0000-381.01-01 FROM GENERAL FUND Adopted Fund Total Revenues 130-2411-524.xx-xx NEW BUILDING DEPARTMENT (See attachment) Adopted Fund Total Expenses 100,145,429 0 2,500,000 0 35,000 0 534,949 (2,460,000) 97,685,429 2,500,000 35,000 534,949 0 3,069,949 3,069,949 3,069,949 3,069,949 0 3,069,949 3,069,949 Page 191 of 1360 2020/21 CITY MANAGER 2020/21 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET General Fund (001) 001-0000-322.01-00 BUILDING PERMITS 2,500,000 (2,500,000) 001-0000-322.99-00 PENALTIES ON PERMITS 35,000 (35,000) - 001-0000-322.91-00 FUND BALANCE 923,613 75,000 998,613 Adopted Fund Total Revenues 100,145,429 (2,460,000) 97,685,429 001-2411-524.xx-xx BUILDING DEPARTMENT BUDGET 1,642,987 -1,642,987 0 001-1214-512.44-42 OFFICE RENTAL 4,484,700 -327,283 4,157,417 001-1211-512.43-10 ELECTRIC SERVICE 66,500 -4,855 61,646 001-1211-512.43-20 WATER/SEWER SERVICE 5,500 -402 5,099 001-1211-512.43-21 DISTRICT ENERGY PLANT 25,000 -1,825 23,175 001-1211-512.41-12 POSTAGE 50,000 -5,000 45,000 001-1211-512.91-13 TRANSFER TO DEVELOPMENT FUND - 534,948 534,948 001-1310-512.12-10 SALARY 307,219 -41,944 265,275 001-1310-512.21-10 FICA 23,502 -2,926 20,576 001-1310-512.22-10 PENSION 87,989 -6,316 81,673 001-1310-512.23-30 HEALTH INSURANCE 42,059 -5,285 36,774 001-1310-512.23-40 DENTAL INSURANCE 2,182 -331 1,851 001-1310-512.23-50 VISION INSURANCE 256 -31 225 001-2211-524.12-10 SALARY 1,309,439 -95,079 1,214,360 001-2211-524.21-10 FICA 100,697 -6,630 94,067 001-2211-524.22-10 PENSION 349,707 -14,321 335,386 001-2211-512.23-30 HEALTH INSURANCE 185,060 -11,980 173,080 001-2211-512.23-40 DENTAL INSURANCE 9,601 -761 8,840 001-2211-512.23-50 VISION INSURANCE 1,127 -71 1,056 001-2410-524.12-10 SALARY 751,507 -609,958 141,549 001-2410-524.21-10 FICA 60,874 -42,518 18,356 001-2410-524.22-10 PENSION 170,271 -91,885 78,386 001-2410-512.23-30 HEALTH INSURANCE 121,972 -76,855 45,117 001-2410-512.23-40 DENTAL INSURANCE 6,328 -5,249 1,079 001-2410-512.23-50 VISION INSURANCE 743 -457 286 Adopted Fund Total Expenses Building Fund (130) 130-0000-322.01-00 BUILDING PERMITS 130-0000-322.99-00 PENALTIES ON PERMITS 130-0000-381.01-01 FROM GENERAL FUND Adopted Fund Total Revenues 130-2411-524.xx-xx NEW BUILDING DEPARTMENT (See attachment) Adopted Fund Total Expenses 100,145,429 0 2,500,000 0 35,000 0 534,949 (2,460,000) 97,685,429 2,500,000 35,000 534,949 0 3,069,949 3,069,949 3,069,949 3,069,949 0 3,069,949 3,069,949 Page 191 of 1360 DEVELOPMENT FUND BUDGET YEAR 2020/2021 DETAIL EXPENDITURES Exhibit B Page 192 of 1360 2018/2019 2019/2020 2019/2020 2020/2021 ACCOUNT Actual Amended Actual Adopted Expense Budget Expenditures Budget DIV 11 BUILDINGI DEPARTMENT SUMMARY Personnel Services 1,789,269 2,032,742 2,043,171 2,278,320 Operating Expenses 536,265 725,143 727,868 443,027 Capital Outlay 2,006 - - - Nonoperating Expenses 338,693 347,892 347,892 348,603 TOTAL $ 2,666,233 $ 3,105,777 $ 3,118,932 $ 3,069,949 Estimated as % of Budget 100.4% 12-10 REGULAR SALARIES/WAGES 663,338 708,504 714,911 844,485 12 -XX SALARY ALLOC- 2410 DEV 550,000 553,031 553,031 609,958 12 -XX SALARY ALLOC - 2211 COMM S 91,000 93,215 93,215 95,079 12 -XX SALARY ALLOC. - 1310 C. CLERK 40,000 41,121 41,121 41,944 12-20 HOLIDAY PAY - 500 477 - 14-10 OVERTIME 35,045 80,000 80,214 30,000 14-20 REIMBURSABLE WAGES 2,042 1,110 1,102 1,000 15-12 CELL PHONE ALLOWANCE 1,008 1,008 1,008 1,008 15-13 SHOE ALLOWANCE 885 923 885 1,470 15-20 CARALLOWANCE 4,500 4,500 4,500 4,500 19-99 NEW PERSONNEL/RECLASS - 3 - 21-10 EMPLOYER FICA 52,280 58,925 59,297 62,243 21 -XX EMPLOYER FICA ALLOCATION 50,000 51,054 51,054 52,075 22-10 GENERAL EMPLOYEES PENSION 214,149 183,382 183,382 218,763 22 -XX GENERAL EMPLOYEES PENSION ALLOC. 11,000 110,316 110,316 112,522 23-10 LIFE INSURANCE 353 350 404 227 23-20 DISABILITY INSURANCE 3,746 4,200 4,256 3,031 23-30 HEALTHINSURANCE 59,776 30,824 34,034 84,118 23-32 CIGNA HSA 950 - - 23-34 HSA 5,750 6,500 6,437 10,000 23-40 DENTAL INSURANCE 3,077 3,777 3,147 4,364 23-50 VISION INSURANCE 370 460 378 512 23 -XX DENTAL/VISION/MEDICAL INS ALLOC. 99,040 100,000 101,020 SUB -TOTAL Personnel Services $ 1,789,269 $ 2,032,742 $ 2,043,171 $ 2,278,320 34-25 NUISANCE ABATEMENT - 95,000 34-40 TEMPORARY SERVICES (468) - 1,000 40-12 BUSINESS MEETINGS 3 200 20 500 41-12 POSTAGE 4600 4,542 4,542 5,000 41-15 CELLULAR PHONE/BEEPER 10,517 3,840 3,913 5,900 43-10 ELECTRIC SERVICE 3,500 3,464 3,464 4,855 43-20 WATER/SEWER SERVICE 100 78 78 402 43-21 DISTRICT ENERGY PLANT - 2,628 2,628 1,825 44-31 COPY MACHINE RENTAL - - 2,535 46-22 COMPUTER MAINTENANCE 360 250 250 46-30 VEHICLE MAINT. - GARAGE 15,158 11,964 16,871 12,596 46-91 SOFTWARE MAINTENANCE 31,914 60,150 60,032 39,150 47-10 PRINTING & BINDING 841 750 694 750 47-21 MICROFILMING/IMAGING 9,056 9,000 8,920 8,500 48-21 EMPLOYEE RECOGNITION - - 500 49-09 SELF INSURANCE CHGS(W/C) 31,142 33,974 33,974 36,130 49-10 WAREHOUSE SERVICE CHG. 622 542 542 515 49-14 CREDIT CARD FEES 597 52,500 52,266 - 49-17 OTHER CONTRACTUAL SRVS 417,060 517,975 517,071 200,000 51-10 OFFICE SUPPLIES 1,650 1,800 1,791 1,500 52-01 SUPPLIES 472 500 373 500 52-20 OPR EQUIPMENT G$750. 1,273 1,500 1,347 500 52-22 UNIFORMS 1,888 3,816 3,700 4,500 52-23 SAFETY CLOTHING/EQUIP. - 100 10 1,500 52-27 HARDWARE/TOOLS - 50 90 50 54-10 BOOKS AND PUBLICATIONS 1,229 2,200 2,223 2,200 54-20 MEMBERSHIPS 1,906 1,870 1,963 1,870 54-30 TRAINING 2,845 11,450 11,356 15,000 59-99 NEW PERSONNEL/SUPPLIES - - SUB- TOTAL Operating Expenses $ 536,265 $ 725,143 $ 727,868 $ 443,027 64-15 COMPUTER SOFTWARE - - - - 64-15 COMPUTER EQUIPMENT 2,006 - - - SUB- TOTAL Capital Outlay $ 2,006 $ $ $ j 329,000 327,383 327,383 327,283 72 -XX PRINCIPAL & INTEREST ALLOCATION SUB- TOTAL Debt Service $ 329,000 $ 327,383 $ 327,383 $ 327,283 $ 3,085,268 $ 3,098,4233,048,629 SUBTOTALI 91-30 TRANSFER/VEH. SRV. FUND 9,693 20,509 20,509 21,320 Page 192 of 1360 DEVELOPMENT FUND BUDGET YEAR 2020/2021 DETAIL EXPENDITURES Exhibit B Page 193 of 1360 6.E. Consent Agenda 4/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on March 2, 2021. Explanation of Request: The City Commission met on March 2, 2021 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: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D UnLAUDS Description Meeting ti ing li li ir: L.a UDS 03...02...21 Page 194 of 1360 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 2, 2021, at 5:30 P.M. Present: Steven B. Grant, Mayor Ty Penserga, Vice Mayor Justin Katz, Commissioner Woodrow L. Hay, Commissioner Christina L. Romelus, Commissioner 1. Openings Lori LaVerriere, City Manager James Cherof, City Attorney Tammy Stanzione, Deputy City Clerk A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. John McNally, ITS Director explained how the online meeting would proceed and how the public could participate. Invocation Pastor Paterson of Seacrest Presbyterian Church gave the Invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. B. Agenda Approval: Additions, Deletions, Corrections 2. Adoption Motion Commissioner Hay moved to approve the agenda. Vice Mayor Penserga seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission Page 195 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Commissioner Hay disclosed that he attended a luncheon hosted by Zeta Phi Beta Sorority. On March 2nd he attended the unveiling of the Healing Heart Sculpture at City Hall. Commissioner Romelus wished everyone a Happy Women's History Month. Invited all to participate in the Let's Move Palm Beach County. The City has its own team, be sure to register and log activity minutes. The City hopes to take the crown this year, so far, the City of Delray Beach has the lead. The City does not want to give the City of Delray Beach bragging rights. Mayor Grant disclosed that on February 18th he attended the Transportation Planning Agency's meeting for Palm Beach County. Complete Street construction that will start in 2024 now includes 3rd Street and Ocean Avenue. On February 19th he attended a Southeast Florida Transportation Council meeting and discussed with Miami Dade, Broward and Palm Beach Counties a commuter rail from Miami to Jupiter. On February 22nd he attended the South Florida Water Management District's Water Quality Goals Conference. Also, on February 22nd Mayor Grant attended the Employee's Pension Board Meeting. That evening he attended the Boynton Beach Historical Society meeting. On February 24th he attended the Transportation Disadvantaged Local Coordinating Board meeting. On March 2nd he attended Palm Tran's grand opening of their new headquarters in Delray Beach. Also, on March 2nd he attended the unveiling of the Healing Heart Sculpture at City Hall. 3. Announcements, Community and Special Events and Presentations A. Public Arts Manager to make announcement regarding the 2021 Biennial Kinetic Art Exhibit on March 6-7, 2021. Glenn Weiss, Public Arts Manager, announced the Biennial Kinetic Art Exhibit on March 6th and 7th. This is the first event to take place in the new Town Square. The event includes twenty outdoor sculptures and indoor artworks by eleven different artists. There will be seven food trucks and the Valerie Tyson Band will be playing on both Saturday and Sunday in the amphitheater. Commissioner Romelus inquired would there be hand sanitizer stations and masks available to the public. Mr. Weiss stated that there will be ten additional hand sanitizers placed outside and cloth masks will be available to everyone. B. Recreation & Parks Director to make announcement recognizing the Magic Wheels & Special Deals event sponsor, Joe DiMaggio Children's Health Specialty Center and all the volunteers from Chariots of Love that participated in building this year's "Magic Wheels" for 2 year old Zoe and her family. Kacy Young, Director of Recreation and Parks, thanked everyone who Page 196 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 contributed to this year's Magic Wheels & Special Deals event that was held on Saturday, February 13th at Barrier Free Park. Without the City's amazing partners this event would not be possible. Mr. Young stated that for the second year, Joe DiMaggio Children's Health Specialty Center agreed to be our presenting sponsor. Their generous donation of five thousand dollars made it possible to enhance the event with a Mobi-mat for ADA accessibility and LED screens to encourage social distancing. Dawn Quaranta, Vice President of Reginal Operations, Joe DiMaggio Children's Health Specialty Center, stated that participating in this event ties into their mission at Joe DiMaggio Children's Health Specialty Center and will continue to provide support as much as they can in the future. Mr. Young also thanked the Broward Palm Beach and St. Lucie Realtor's Association for their continued support. Their commitment is greatly appreciated. Karen Johnson, President of Broward Palm Beach and St. Lucie Realtors Association, thanked the City on behalf the Association. The Association is grateful for their partnership with the City. Ms. Johnson reviewed real estate sales for 2019. Valarie Mathew, President and Founder of Chariots of Love, stated it was an honor to be selected for a second year and now a third year to find a candidate and create a fantasy of their dreams and bring it to life. Mr. Young presented plaques to the volunteers to express the City's appreciation for building Zoe's Magic Wheelchair. C. Proclaim March 10, 2021 as National Women & Girls HIV Awareness Day. Mayor Grant proclaimed March 10, 2021, as National Women & Girls HIV Awareness Day. D. Proclaim support for the statement from Mayors United Against Antisemitism, an initiative of theAmerican Jewish Committee and the U.S. Conference of Mayors and authorize the Mayor to electronically sign the statement on behalf of the City. Mayor Grant thanked Commissioner Romelus for bringing this proclamation to the City. Commissioner Romelus commented that the Haitian and Jewish Community have always been alias. During World War II, Haiti welcomed the Jews who were fleeing the Holocaust to come and live in Haiti. E. Proclaim the Month of March as Florida Bicycle Month. Mayor Grant proclaimed the month of March as Florida Bicycle Month. Page 197 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Anitra Jones, Zoe's grandmother, thanked all who were involved in making this possible. Ms. Jones explained how Zoe's face lights up when she sees her Magic Wheelchair and she cannot wait to sit in her wheelchair. Chariots of Love and the City will never know how much this has meant to her. 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) Amy Smith, works for the owners of 1315 North Federal Highway, stated that she had sent the Commission an email regarding the parking issues at 1315 North Federal Highway. Inquired if the City can help with the lack of parking for this building. The employees who cannot park in the parking lot are forced to park on the street in limited two-hour parking spots. Mayor Grant inquired if staff could look into extending the parking hours for the parking lots in front of 1315 North Federal Highway. Lori LaVerriere, City Manager, commented that the roadwork was a FDOT project. Yet the City will look into what can be done to help alleviate the parking situation. Jeannie Heavilin, President of Sister Cities, announced the Seventeenth Annual Sister Cities International Young Artist and Authors competition. This year's theme is United in Hope. United in Hope can be expressed through art, poetry, essays and music. Any student thirteen to eighteen years old who lives in Boynton Beach or attends school within Boynton Beach can participate. Ms. Heavilin also announced that there will be a virtual get together with the City's Sister City Farindola, Italy on March 21St at one o'clock. For 1,: oy„ ,! II], ,ii, teir;pii;tiiles,,, lr;,g,. additional information go tot theite .... 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacancies. Motion Commissioner Katz nominated Ms. Ellen Jones as an alternate member to the Arts Advisory Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Page 198 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Motion Commissioner Romelus nominated Ms. Naomi Cobb as a regular member to the Community Redevelopment Agency Advisory Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Katz nominated Ms. Cathy McDeavitt as a regular member to the Employee Pension Board. Commissioner Romelus seconded the motion. The motion passed unanimously. 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. Legal Expenses - January 2021 - Information at the request of the City Commission. No actionrequired. B. Proposed Resolution No. R21-027 - Authorize the City Manager to sign the quote for the purchase of a FARO Scanner system in accordance with the terms & conditions set forth in Quotation No. 20376878 from FARO Technologies for $84,999.64. The pricing and terms & conditions of this quote are per GSA MAS (General Services Administration's Multiple Award Schedule (Program Contract) GS-07F- 197GA). C. Approve the purchase of (2) Baroness fairway mowers from DavcoTurf Corp, for the amount of $82,246 for the Golf Course as a sole source provider. D. Approve minutes from the City Commission meeting on February 2, 2021. E. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 2, 2021 - "Request for Extensions and/or Piggybacks." Commissioner Romelus pulled Item 6E. Commissioner Romelus inquired about Zambelli Fireworks, what exactly is the expense for and what does the City have planned for the July 4t" Page 199 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 City Manager LaVerriere commented that she has spoken with the Eleanor Krusell, Public Communications and Marketing Director, and they are working on a recommendation for the Fourth of July event to bring to the Commission. The City does not want to cancel the event for a second year in a row. Eleanor Krusell, Public Communications and Marketing Director, explained that the contract in question was an extension of the original contract. The original contract contained a clause that stated the City can renew the contract for one year. Commissioner Romules inquired about the funds that were allocated to the last Fourth of July event that was cancelled. Ms. Krusell responded that the funds were used for smaller events around the Fourth of July and that there was remaining funds to be used. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. Motion Commissioner Katz moved to approve remaining items on the Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 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 March 2, 2021 - "Request for Extensions and/or Piggybacks." B. Approve the purchase of one (1) replacement bus that was approved in the FY20-21 budget for an estimated amount of $111,982 by utilizing the following contract: Florida Department of Education bus contract. The FDOE contract satisfies the City's procurement requirements. C. Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Medians and Right -of -Ways, Bid No. 033-2730-20/RW performed by Batallan Enterprises, Inc. dba Property Works in the amount of $100,000annually for the duration of the contract. Mayor Grant pulled item 7C. Mayor Grant inquired what is the City doing to make sure that the irrigation is working Page 200 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 properly in the medians and rights-of-way. Andrew Mack, Interim Assistant City Manager, replied that the City's contractor is responsible for maintaining the irrigation. The City does have a project manager that works on the project daily. The City has a lot of irrigation that needs to be repaired, especially along Federal Highway. The additional funding in this request is to cover damage that is caused by car accidents. There have been a few accidents that have taken down trees and destroyed the landscaping. This funding will cover the removal and replacement of damaged landscaping. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to approve remaining items on the Consent Bids and Purchases Over $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. 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 PlanningAgency and City Commission. A. Proposed Ordinance No. 21-005 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-002) from Medium Density Residential (MEDR) to Low Density Residential (LDR) for Lawrence Road / 71 st Avenue South. City -initiated. Proposed Ordinance No. 21-006 - First Reading - Approve Rezoning (LUAR 21-002) from PUD, Planned Unit Development to R -1A, Single -Family Residential for Lawrence Road / 71 st Avenue South. City -initiated. Attorney Cherof read Proposed Ordinances No. 21-005 and No. 21-006 by title only on First Reading. Mayor Grant inquired why this was being City -initiated. Ed Breese, Planning and Zoning Administrator, responded that the original project for the six properties along 71St Avenue South were annexed and approved for a land use rezoning and a site plan for 90 townhomes in 2006. The project never came to fruition and expired. The City now has individual property owners who may what to build an F Page 201 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 addition on to their house or an owner of a vacant lot may want to develop that lot or an owner of a larger lot may want to subdivide and build more than a single-family home. Staff is trying to facilitate their ability to do so. Mayor Grant commented the City normally lets the developers do this. He did not support not knowing what is going to happen to these individual properties. once the zoning is changed to single-family residential. Mr. Breese replied the simplest way to explain this is that it has been fifteen years since the original proposed development. Since then there has not been any interest from other developers. The six properties are individually owned and the owners want to be able to build or sell the property without the property still being tied to a Planned Unit Development zoning. Motion Commissioner Katz moved to approve Ordinance 21-005. Commissioner Hay seconded the motion. 1T Deputy City Clerk Stanzione called the roll. The vote was 5-0. Motion Vice Mayor Penserga moved to approve Ordinance 21-006. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. B. Proposed Ordinance No. 21-007 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-008 - First Reading - Approve Rezoning (LUAR 21-003) the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. Attorney Cherof read Proposed Ordinances No. 21-007 and 21-008 by title only on First Reading. Mr. Breese explained that the City is initiating the rezoning of the land use to help facilitate the ultimate development of the 12.52 acres parcel on Knuth Road. Interested parties located around the parcel would like a residential development of the site, opposing the hundred and twenty thousand square foot strip center. Page 202 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Mayor Grant, inquired if the City changes the zoning to Suburban Mixed Use it would allow a developer to build a six -story apartment complex next to the golf course. Mr. Breese responded that the developer would be allowed up to 55 feet in height. However, since the golf course is zoned as single family residential in the County, there is a required setback three times the height of the building. Mayor Grant stated that he would like to see a site plan associated with this rezoning. That way it does not give the property owner free reign to design what is not in the best interest of the community. Vice Mayor Penserga agreed with Mayor Grant. A large apartment building would not fit in with the surrounding single-family homes. Commissioner Romulus inquired why staff felt that this change needs to be made. Mr. Breese responded that staff was tasked with potential development projects throughout the City by putting a land use and zoning on the properties that would make them ready for development. Recent developments within the City indicates that the most appropriate type of zoning for this property would be Suburban Mixed Use. Mayor Grant commented that he noticed an agriculture zoning on the property. Mayor Grant asked if this was the last farm in Boynton Beach. Mr. Breese replied that the agriculture zoning that the Mayor inquired about was done through the County, not the City and that this property is the last farm in Boynton Beach. Mayor Grant opened the discussion to public audience. Attorney Jason Mankoff, 515 N. Flagler Drive, West Palm Beach, commented that he was representing Quail Ridge Country Club. The Club is interested in the property and has a few ideas what to do with the property. Mr. Mankoff was pleased that the Commission had the same concerns as the residents at Quail Ridge Country Club. It does seem premature at this point to be rezoning the property without knowing what is going to be developed there. Commissioner Katz inquired about the ideas that Quail Ridge Country Club has for the property and if they have spoken with the owners of the parcel. Commissioner Katz also inquired if the Club is planning on purchasing this property. William Langley, 11976 N Lake Drive, Boynton Beach, responded that the Club has spoken with the property owners. The current pricing is not attractive enough for the Club to be an interested purchaser. They will continue to have dialogue with the owner and would look forward to working with the City. Motion There were no motions made for Proposed Ordinances 21-007 and 21-008 Page 203 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 C. Proposed Ordinance No. 21-009 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-001) for Ocean Palm Plaza (formerly known as Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). City -initiated. Proposed Ordinance No. 21-010 - First Reading -Approve Rezoning (LUAR 21-001) Ocean Palm Plaza (fka Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from IPUD, Infill Planned Unit Development to C-3, Community Commercial. City -initiated. Attorney Cherof read Proposed Ordinances No. 21-009 and No. 21-010 by title only on First Reading. Mr. Breeze explained that this would be a reversion of the land use and zoning for Ocean Palm Plaza, fka Yachtsman's Plaza. Currently the property is zoned for Special High Density Residential and the proposed classification is Local Retail Commercial. The master plan for this site is no longer valid. Mayor Grant inquired if the businesses that are currently located in the plaza will they be conforming. Mr. Breeze responded that the shopping center is legally conforming. All the uses have been approved and are under the C-3 concept. Mark Meyer, 633 Ocean Inlet Drive, Boynton Beach, asked that the item be tabled because his community only received notice of this project last week. Commissioner Hay inquired about the late arrival of the notice of the project to the community. Mr. Breeze replied that the mail notification and the sign postings on the property were done in accordance to City ordinances. The shopping center owner was notified with a 30 -day advanced notice and again with a 10 -day notice. The 30 -day had a return receipt that the City has received back. Commissioner Katz commented that he agrees with moving forward with the ordinances. The rezoning sets in place what the property was originally zoned for years ago. Motion Vice Mayor Penserga moved to approve Ordinance 21-009. Commissioner Hay seconded the motion. 1T 10 Page 204 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Deputy City Clerk Stanzione called the roll. The vote was 5-0. Motion Commissioner Romelus moved to approve Ordinance 21-010. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 9. City Manager's Report - None 10. Unfinished Business — None 11. New Business —None 12. Legal A. Proposed Ordinance No. 21-004 - First Reading - On December 1, 2020 City staff received correspondence from the South Florida Water Management District ("the District") requesting that the City implement a Year -Round Irrigation Ordinance. (Tabled on February 16, 2021, staff has requested the District to present to the City Commission and is therefore requesting this item be tabled again until March 16, 2021) B. Approval of request for a private attorney-client session of the City Commission to discusspending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-MB Attorney Jim Cherof stated that the Florida Statute requires him to request closed door sessions with the Commission publicly, which he is doing tonight. Requesting that closed -door session in the City of Boynton Beach vs. JKM BTS Capital, LLC case. He said that they can probably conclude their discussion within an hour. There was a Commission consensus to have the attorney-client session at 4:15 p.m. on April 6, 2021. 13. Future Agenda Items A. Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16,2021 Page 205 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 B. Commissioner Katz requested a staff report on Police Department vacancies/staffing levels for lastfive years - March 16, 2021 C. Staff to provide report and summary of work for Utility Engineering Projects over $500,000 - March 16, 2021. D. E21- Solutions will present their final closeout report for the Boynton Beach Town Square Project — E. Police Chief Gregory will give presentation addressing public safety during large gatherings. - March 16, 2021 F. Annual appointment of board members to City advisory boards and selection of Chairs and Vice Chairs as outlined in Ordinance 20-016 adopted on June 2, 2020. - March 16, 2021 G. ILA for Sara Sims Park Pavilion Improvements - April 20, 2021 H. Voluntary Sustainability Payment on Water Bills - April 2021 Staff report on history/process to add names to the Heritage Park monument - April 2021 J. Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — April 2021 K. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - April 2021 L. Consider ordinance and hear presentation on education campaign regarding the prohibition of polystyrene on City Property. - April 2021 M. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 N. Present option for management of canal assessment program - May 2021 O. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 P. Discussion on funding for expanding Wi-Fi to City parks. - May 2021 Q. Monuments on City Property - June 2021 R. Discussion of LOI process for sale of City land — TBD 12 Page 206 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Commissioner Katz requested that staff bring forward an ordinance on automatic reversion. City Manager LaVerriere commented that staff is already working on the ordinance for automatic reversion and will come before the Commission in April. Mayor Grant stated that he received an email from United States Department of Housing and Urban Development stating that the City will receive five hundred and seventy-three thousand dollars from Community Development Block Grant. However, there are four programs that the City did not receive any money from. In addition, there is over $2.8 million available in Section 108 Borrowing Authority. John McNally, ITS Director, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at I;; gytoin l [ ,rg,. _„..; _„i 13 Page 207 of 1360 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 7:43 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 14 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner—Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus Page 208 of 1360 6. F. Consent Agenda 4/6/2021 Requested Action by Commission: Proposed Resolution No. R21-034 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 209 of 1360 Grant Amount: Attachments: Type IRESdUltion Exhibit Description RESdUltion appiroAing NUlisaince alba teirylent Exhibit A Page 210 of 1360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RESO\Nuisance Abatement for 04062021 - Reso.docx Page 211 of 1360 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2021, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of April, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 04062021 - Reso.docx VOTE YES NO Page 212 of 1360 0 0 0 0 0 0 0 0 0 QN vii v`�i vii vri v`�i vii v`�i m v`�i Q O c > £ vii v`�i vii vri v`�i vii vii M m vii C Q yr N N N N N N M r N u u m m m m m m a m m C N d w o N co co co co s Q Q s CL C. v v v v ^I In In In In �, o� z a% n z O i i i i N O N O tll O N N NO 0N N O O N O O N O O O O O N O O O 71 ti O Oi� r ON Z O V o000000 0 0 C. m o 6 0 0 0 0 71 0 0 0 0 N N N N N N M O N N N N N N N N N N ofof of of of of of of of O O O O O O O 0101 OM m I I W J N N N N N N N M N O N O N O N O N O N O N O N O N O N ofM 0 N 0 O 0 O 0 O 0 O M M 0 M l0 N C tNll tNll tNll tNll M M � M J W N W N W N W N J LL s J N N N N C U L N U N Z Z Z Z m m O O O O O s O E O O O O N 2i m m m m m Z mo� v N O � ai O d w ri O C O c >- > N Q S U 0 d LL LL LL LL � N Q Q Q Q m of O N O N N N N N N N N N N N O N a-1 m M Vl 0 O d J J J J c� C M J J J N J J J N J J J N J J J N~ "O Z Q Q Q Q N T O O O O O O O O O V J CL u u u u u u u u > Q w O E m m m m m m m m in w v O J V o 0 0 0 0 0 0 0 E c c c cc c c c z ,• O' o O' o O' o O' O o' m -o c c w (Y] (Y] (Y] (Y] (Y] (Y] (Y] (Y] N Ft V Q M E A Z J N (Y] m c C Z i+ N C N Y O 6.G. Consent Agenda 4/6/2021 Requested Action by Commission: Approve the issuance of a purchase order to Thompson Pump & Manufacturing Company I nc. utilizing Florida Sheriff's Association Contract #FSA 20-EQU 18.0 for one (1) new mobile bypass pump for a estimated cost of $98,139.00. The Florida Sheriff's contract satisfies the City's purchasing requirements. Explanation of Request: The City of Boynton Beach (City) oversees and maintains over 175 wastewater lift stations. Each station has two or more pumps which help to convey wastewater collected from homes and businesses within the City's service area to the South Central Regional Wastewater Treatment Plant (SCRW WTP) for processing and treatment. Emergency situations such as leaks, breaks, or pump station failures require the need for bypass pumping to ensure system continuity. This new mobile bypass pump will assist in maintenance and emergency circumstances at pumping stations by pumping sewage around the construction or work area without stopping the normal flow of sewage. How will this affect city programs or services? Bypass pumping procedures are routinely utilized in the event of system failures to prevent station overflows and sewage spills, and to ensure system continuity. Sewage on the streets or sewage backups in homes creates unpleasant and unsanitary conditions for the City's citizens, and regulatory infractions for the City. Fiscal Impact: Budgeted Funds have been budgeted in CIP account 403-5000-535-65-04 SWR111 Alternatives: Reject the award and instruct staff to prepare a formal bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 214 of 1360 Type QUIONDS Contract Otheir Description QLAOtE., 1:::::SA c. intim Did Flidirne PLAirnp Specifications Page 215 of 1360 March 8, 2021 City of Boynton Beach Utilities 124 E. Woolbright Rd. Boynton Beach, FL 33435 PH: (561) 742-6476 iohnsontr bbfl.us RE: Thompson Pump 12JSCJ By -Pass Pump Hello Tremaine, Municipal Sales 4620 City Center Dr., Port Orange, FL, USA 32119 (800) 767-7310 • Fax: (386) 761-0362 acurry@thopsonpup.co Quote # ECR -AC -010-2021 Thank you for your interest in Thompson Pump & Manufacturing and the products and the services that we provide. Per your request, we are providing 2020 Florida Sheriffs Association Contract, Item #276, pricing for (1) Thompson Pump Model 12JSCJ-DJDST-45HC04-MC, a 12" Compressor -Assisted, Dry -Priming, Trailer -Mounted, High Efficiency, Sound Attenuated, High Volume, Trash Pump. We understand The City of Boynton Beach; Utilities Department will utilize this pump for by-pass operations at various lift stations around the City. The net price is derived from our 2020 Florida Sheriffs Association Contract Bid Award #FSA20-EQU18.0-Heavy Equipment Item #276. This Florida based government contract enables The City of Boynton Beach to avoid the hassle and expense of purchasing this pump through the public bid process. The FSA contract works like a "piggy back" for our equipment. You can order this unit by simply putting our FSA bid award number on your purchase order. Our FSA contract number is: FSA20-EQU18.0, Item #276. Should you require further information or have any questions, please contact me at the number below. Sincerely, //,,�� Ga� &W� Allan Curry Thompson Pump & Manufacturing Co., Inc Municipal Sales Representative Cell: (561) 284-5149 Email: acurry@thompsonpump.com CC: David Perry, Municipal Sales Manager Page 216 of 1360 FIiRipA Municipal Sales 4620 City Center Dr., Port Orange, FL, USA 32119 (800) 767-7310 • Fax: (386) 761-0362 acurry@thonnpsonpump.co ONr FSA20-EQU18.0, Item #276 Price Quote Description,, Order Codes Qty FSA Unit Price Subtotal • There are no specified duty points for this quotation • DELIVERY: 12 WEEKS OR SOONER AFTER RECEIPT OF A HARD COPY PURCHASE ORDER • PLEASE PROVIDE ATAX EXEMPTION CERTIFICATE AT TIME OR ORDER IF APPLICABLE PLEASE INCLUDE COPY OF FEDERAL ID ON PURCHASE ORDER 6JSC Vehicle • CANCELLATION OF THIS ORDER OR RETURN OF THIS UNIT MAY RESULT IN RE -STOCKING FEES • ZONE: Southern BASE PRICE: 1 $38,714.00 $38,714.00 Base Model includes: TPM Basic (auto start/stop control panel with Floats/Tachometer/Hour meter/Engine Safety Shut Down) Battery, Light package, Trailer, 24 Month Warranty, and Operational Training Add Options: Upgrade pump from 6JSC to 8JSC/10JSC/12JSC-LHP with 8/10/12 -SK 1 $14,184.00 $14,184.00 Silent Knight enclosure Upgrade pump from 6JSC to 12JSC-LHP-FT4-J 12JSC-LHP-FT4-J 1 $43,827.00 $43,827.00 Upgrade pump with modular frame for SK MOD -F 1 $1,414.00 $1,414414 . 00 Upgrade pumping system with semi -open impeller TBS-S.C.I 1 $1,523.00 Included Final Model: 12JSCJ-DJDST-45HC04-MC Total $98,139.00 • FOB: DESTINATION • DELIVERY FREIGHT: INCLUDED IN BASE PRICE • TERMS: NET 30 -DAYS (WITH APPROVED CREDIT) • DELIVERY: 12 WEEKS OR SOONER AFTER RECEIPT OF A HARD COPY PURCHASE ORDER • PLEASE PROVIDE ATAX EXEMPTION CERTIFICATE AT TIME OR ORDER IF APPLICABLE PLEASE INCLUDE COPY OF FEDERAL ID ON PURCHASE ORDER • NO PENALTIES OR LIQUIDATED DAMAGES ARE ACCEPTABLE • CANCELLATION OF THIS ORDER OR RETURN OF THIS UNIT MAY RESULT IN RE -STOCKING FEES • THIS QUOTE IS VALID UNTIL SEPTEMBER 30, 2021 Page 217 of 1360 Florida Sheriffs Association- Cooperative Purchasing Program Contract: FSA20-EQU18.0, Heavy Equipment Group: PUMP: 6 Inch Mobile Pump Package Item #: 276, Thompson Pump 6JSC -erm #1 Effective: October 1, 2020 - September 30, 2021 -erm #2 Effective: October 1, 2021 - September 30, 2022 -erm #3 Effective: October 1, 2022 - September 30, 2023 DESIGN REQUIREMENTS: Discharge size: 6 inches, Suction size: 6 inches, Capable of 1750 GPM minimum, Capable of 160 ft. Total Dynamic Head (TDH) minimum, Duty Point, Maximum: 1,000 gallons per minute minimum (GPM) at 120 ft. Total Dynamic Head (TDH), Solids handling capability size, minimum size: 3 inches. ENGINE: Diesel engine, appropriate to pump size at continuous duty, Emission compliant engine, Industrial grade exhaust muffler and rain cap, Oil and coolant drain lines with ball valves, Low water level shutdown switch, 12vdc system with battery rack and cables, 50 gallon minimum fuel tank with low fuel level alarm and shutdown. PUMP: Check valve, Self -priming system. CONTROLS: Solid state, microprocessor -based pump controls, Controls shall provide all operating, monitoring and control functions for the pump set, Controller will also provide 2 fully programmable contacts for input and output signals accordingly, Controller will provide remote start stop control with adjustable ramp (speed) time control, UL 508 R and CSA C22.2 No. 14 approved. TRAILER: The manufacturer shall mount the diesel engine and pump unit with the above 50 gallon subbase tank on a street legal D.O.T. approved trailer, This trailer will be able to be rated for a safe travel at speeds of 60 mpg and not be limited to the following specifications: Trailer design shall be such that the County/City may easily remove the entire engine, fuel tank and pump from the trailer, 12vdc electric system, Lunette or military type towing ring with safety chains, Single point lifting bar, License plate bracket, Sand shoe type support stands front and rear, Torque spring axles to meet load of trailer, The trailer must have a VIN and a certificate of origin. STARTUP AND COMMISSIONSING: Vendor must coordinate all startup and testing activities with the engineer/owner, After field delivery of the pump and trailer, an authorized factory representative shall perform the initial startup and field testing of the pump and trailer, If conditions permit, a site will be determined where connection will be made by the County/City to test the pump package, If a site cannot be prepared a standard operational test will be performed, At the same time the startup test is performed, the factory representative will provide all necessary operation, field maintenance and minor repair training as necessary, This will also include safety procedures and hazard assessment. Zone Vendor Base Model Base Price Western Thompson Pump & Manufacturing Company Inc. Thompson Pump 6JSC $38,714.00 Northern Thompson Pump & Manufacturing Company Inc. Thompson Pump 6JSC $38,714.00 Central Thompson Pump & Manufacturing Company Inc. Thompson Pump 6JSC $38µYM Mw Southern Thompson Pump & Manufacturing Company Inc. Thompson Pump 6JSC $38,714.00 7') 4- WTP Deduct Option- Downgrade pump from 6JSC to 4-WTP ( N 7 j7") FSA Order code Deduct Options FSA Price 3D Deduct Option- Downgrade pump from 6JSC to 3D- trailer mounted 7"3'd) 4JSC-FT4-LHP Deduct Option- Downgrade pump from 6JSC to 4JSC-FT4-LHP 1 5) 4JSC-STP Deduct Option- Downgrade pump from 6JSC to 4JSC-STP ('S 7,088) 4D-FT4 Deduct Option- Downgrade pump from 6JSC to 4D-FT4 20,"71�X) 6- WTP Deduct Option- Downgrade pump from 6JSC to 6-WTP {'ll'd <l.'d 5 SK Dewatering Deduct Option- Downgrade pump from 6JSC to 6" Silent Wellpoint Dewatering Pump 7') 4- WTP Deduct Option- Downgrade pump from 6JSC to 4-WTP ( N 7 j7") 6JSC-LHP-9.5 Deduct Option- Downgrade pump from 6JSC to 6JSC-LHP-9.5 (`S2,500 4JSGFT4 Deduct Option- Downgrade pump from 6JSC to 4JSC-FT4'�+a) 4JSC-FT4-D Deduct Option- Upgrade pump from 6JSC to 4JSC-FT4-D {'fi'd,<7;2,'d) 4" Trailer Deduct Option- Remove Trailer DOT Trailer for 4" Pump f S+) 6" Trailer Deduct Option- Remove Trailer DOT Trailer for 6" Pump N `+<12;) 8" Trailer Deduct Option- Remove Trailer DOT Trailer for 8" Pump 2,1 10/12 Trailer Deduct Option- Remove Trailer DOT Trailer for 10'712" Pum 12/18 Trailer Deduct Option- Remove Trailer DOT Trailer for 12'718" Pump ('SX, 700) TPM Panel- Basic Deduct Option- Basic control panel for pump- Manual Start/Stop 2,71+'d) Float Box Deduct Option- Remove float storage box ('si r,)) ECON Options Deduct Option- Remove LB and LJ- select models only r'I.�L�r<1;:5" FSA Order code Add Options FSA Price 4 -SK ADD Option- Upgrade pump from 6JSC to 4JSC-LHP with Silent Knight enclosure $8,100 4/6 -SK ADD Option- Upgrade pump from 6JSC to 4JSGFT4/6JSC-LHP with Silent Knight enclosure $9,754 ADD Option- Upgrade pump from 6JSC to 6JSC/4JSC-HP vdth Knight enclosure 87 $11 5 �m 8/10/12KSK 12/18- SK ADD Option- Upgrade pump from 6JSC to 8JSG10 SC/12 SC-LHenclosure P wiiSilent 1ADD Option Upgrade pump from 6JSC to 12JSC-HP/l2JSC-MP/l8JSC-HP with Silent Knight 1�� $14 184 $17,799 18- SK ADD Option- Upgrade pump from 6JSC to 18JSC-PEAK with Silent Knight enclosure $19,213 4JSC-HP-FT4 ADD Option- Upgrade pump from 6JSC to 4JSC-HP-FT4 $3,913 Page 218 of 1360 4JSC-HP-FT4-10 ADD Option- Upgrade pump from 6JSC to 4JSC-HP-FT4-10 $1,144 4JSC-HP-STP ADD Option- Upgrade pump from 6JSC to 4JSC-HP-STP $3,704 6JSC-LHP-10 ADD Option- Upgrade pump from 6JSC to 6JSC-LHP-10 $1,052 6JSCFT4-C/K ADD Option- Upgrade pump from 6JSC to 6JSCFT4-GK $3,751 6JSC-FT4-D ADD Option- Upgrade pump from 6JSC to 6JSC-FT4-D $7,940 6JSCFT4-J ADD Option- Upgrade pump from 6JSC to 6JSCFT4-J $10,901 6V-FT4-K ADD Option- Upgrade pump from 6JSC to 6V-FT4-K $1,761 6JSC-STP ADD Option- Upgrade pump from 6JSC to 6JSC-STP $3,204 8JSC-FT4-C ADD Option- Upgrade pump from 6JSC to 8JSGFT4-C $38,752 8JSGFT4-J ADD Option- Upgrade pump from 6JSC to 8JSGFT4-J $33,677 8JSC-FT4-D ADD Option- Upgrade pump from 6JSC to 8JSGFT4-D $39,477 8JSC-FT4-LHP ADD Option- Upgrade pump from 6JSC to 8JSC-FT4-LHP $27,152 8V-FT4-D ADD Option- Upgrade pump from 6JSC to 8V-FT4-D $7,795 8JSGSTP ADD Option- Upgrade pump from 6JSC to 8JSGSTP $14,410 IOJSC-FT4-J ADD Option- Upgrade pump from 6JSC to I �� $43 77 �� 12JSC-LHP-FT4-J ADD Option- Upgrade pump from 6JSC to 102JSC-LHP--FT4-J $42 827 12JSC-LHP-STP ADD Option- Upgrade pump from 6JSC to 12JSC-LHP-STP $ 7 12JSC-MP-STP ADD Option- Upgrade pump from 6JSC to 12JSC-MP-STP $33,617 12JSC-HP-FT4-V ADD Option- Upgrade pump from 6JSC to 12JSC-HP-FT4-V $109,082 12JSC-HP-STP ADD Option- Upgrade pump from 6JSC to 12JSC-HP-STP $64,852 18JSC-HP-STP ADD Option- Upgrade pump from 6JSC to 18JSC-HP-STP $106,328 18JSC-PEAK ADD Option- Upgrade pump from 6JSC to 18JSC-PEAK $136,448 32HPU/60HST-C/D ADD Option- Upgrade pump from 6JSC to 32HPU/40HST-GD $6,852 32HPU/60HST-C/D ADD Option- Upgrade pump from 6JSC to 32HPU/60HST-GD $7,258 78HPU/120HST-GD ADD Option- Upgrade pump from 6JSC to 78HPU/120HST-GD $50,855 24V Engine ADD Option- Upgrade engine with 24VDC electrcial system $1,350 DC Battery Disconnect ADD Option- Upgrade engine with manual battery disconnect $390 DC2AC Inverter ADD Option- Upgrade pumping system with on -board 12/24VDC-to-120VAC-1750W power inverter $1,269 SCADA Interface ADD Option- Upgrade pumping system with on -board SCADA interface with dry contact alarms $1,821 TPM Omni ADD Option- Upgrade pumping system with TPM -Omni Beacon with HL float and 2nd alarm option $1,497 TPM Omni- Service ADD Option- Upgrade pumping system with annual wireless monitoring service lot TPM -Omni Beacon $300 RECON 2000T ADD Option- Upgrade pumping system with RECON 2000T Control Panel- remote control & monitoring $3,488 RECON 2000T- Service ADD Option- Upgrade pumping system with annual wireless monitoring service for RECON 2000T $550 Outside Work Lights ADD Option- Upgrade pumping system with 2 12VDC- LED outside work lights with toggle switch $665 Inside Work Lights ADD Option- Upgrade pumping system with 2 12VDC- LED inside work lights with toggle switch $510 Solar Battery Char er ADD Option- Upgrade pumping system with on -board solar -powered battery charging system $868 Battery Charger ADD Option- Upgrade pumping system with on -board 115 VAC -powered battery charging system $471 Throttle Actuator ADD Option- Upgrade pumping system with automatic RPM control for mechanically governed diesel $1,185 Sub Level Transducer ADD Option- Upgrade pumping system with 4-20ma Submersible Level Tranducer with Guard $2,120 NC Level Transducer ADD Option- Upgrade pumping system with 4-20ma NC -Level Tranducer with signal splitter $2,900 Special Metals ADD Option- Upgrade pumping system with corrosion resistent impeller- select models only $3,500 Special Metals -SK ADD Option- Upgrade pumping system with corrosion resistent SK- select models only $2,900 Hose Racks ADD Option- Upgrade pumping system with on -board racks for mobilizing suction hoses $842 U Tank ADD Option- Upgrade pumping system with ULr142 double walled modular fuel tank- std. dimensions $4,385 D Tank ADD Option- Upgrade pumping system with Non -UL double walled modular fuel tank- std. dimensions $2,730 Z Tank ADD Option- Upgrade pumping system with ENLARGED double walled modular fuel tank- std. $2,900 SK Protection ADD Option- Upgrade pumping system with protective coatings to SK enclosure $921 Corrosion Resist ADD Option- Upgrade pumping system with corrosion resistent coating for base modular frame 3 045 TBS- S.C. ADD Option- Upgrade pumping system with semi -open im elller- select models/applications only ill"'"�� $1,523 TBS- DD ADD Option- Upgrade pumping system with alternate discharge direction- select models/applications TBS -SU ADD Option- Upgrade pumping system with manufacturer startup report forspecific application $471 Trailer Storage Box ADD Option- Upgrade pumping system with on -board, lockable storage box- select models only $550 Spare Tire ADD Option- Upgrade pumping system with on -board, mounted spare tire $316 Hydraulic Brakes ADD Option- Upgrade pumping system with hydraulic brakes on trailer $895 AUX FT- 254 ADD Option- Auxillary 250 gallon UL -142, double walled fuel tank with 15' SS braided fuel lines $5,984 AUX FT- 500 ADD Option- Auxillary 500 gallon UL -142, double walled fuel tank with 15' SS braided fuel lines $8,110 FPM -4/6 Pumps ADD Option- 1 Standard FPM Service for 4" or 6" pumps $399 FPM -8/10/12 Pumps ADD Option- (1) Standard FPM Service for 8"-18" pumps $725 Warranty Ext- Engine ADD Option- (1) Additional year of limited warranty coverage for diesel engine $1,650 Warranty Ext- Pump I ADD Option- 1 Additional year of limited warranty coverage for pump system $653 3" Hose Package JADD Option- (1) 3" x 20' Suction Hose, B- CxE and (1) 3" x 50' Lay -Flat Discharge Hose, B- CxE $252 Page 219 of 1360 4x50 Discharge Hose ADD Option- (1) 4" x 50'R- Lay -flat Discharge Hose, C-BXS $177 6x50 Discharge Hose ADD Option- (1) 6" x 50'R- Lay -flat Discharge Hose, C-BXS $274 8x50 Discharge Hose ADD Option- 1 8" x 50' R- Lay -flat Discharge Hose, C-BXS $545 4x20 Suction Hose ADD Option- 1 4" x 20' RWR- Suction Hose, C-BxS $219 4x10 Suction Hose ADD Option- 1 4" x 10' RWR- Suction Hose, C-BxS $147 6x20 Suction Hose ADD Option- 1 6" x 20' RWR- Suction Hose, C-BxS $476 6x10 Suction Hose ADD Option- 1 6" x 10' RWR- Suction Hose, C-BxS $301 8x20 Suction Hose ADD Option- 1 8" x 20' RWR- Suction Hose, C-BxS $874 8x10 Suction Hose ADD Option- (1) 8" x 10' RWR- Suction Hose, C-BxS $614 4x90/45- CAM ADD Option- (1) 4" 90/45 Elbow- Male x Female Cam -lock $75 6x90/45- CAM ADD Option- (1) 6" 90/45 Elbow- Male x Female Cam -lock $315 4FLGxFCAM ADD Option- 1 4" FLG x 4" FCAM $132 6FLGxFCAM ADD Option- (1) 6" FLG x 6" FCAM $210 8JSC-WYE ADD Option- (1) 8" FLG x 6" MCAM x 6" MCAM Wye- Select Models Only $330 12JSC-WYE ADD Option- (1) 12" FLG x 8" MCAM x 8" MCAM Wye- Select Models Only $660 Fleet 1- T&T ADD Option- TPM provided T&T per Muni Fleet Request $275 Fleet 2- DF ADD Option- TPM provided DF per Muni Fleet Request $290 Fleet 3- VTP ADD Option- TPM provided VTP per Muni Fleet Request- Select Models Only $180 Fleet 4- DFA ADD Option- TPM provided (3) Part DFA- (1) case of each part $420 F1eMOD ADD Option- TPM S tracking system and (2) years of toing service FGPS ADD O tion- U dra e pump wth modular frame for SK- select odels�onl fY� P P g pump Y $ 4 1,410 OVT ADD Option- U dra e pump with OVT® priming system- select models only $2,538 Enviro rime System ADD Option- U dra e pump with Enviro rime System" priming system- select models only $4,183 Warranty 24 Month Limited Warranty Included % Discount Equal Discount percentage off manufacturer's current published retail prices for non-specified options and any optional models bid. This discount can ONLY BE APPLIED to a downgrade or an upgrade to the base model listed in this specification. Standard Page 220 of 1360 Consult factory for other versions & options including site trailers, sound attenuation, etc. • Thompson's innovative priming system preventing blow-by of sewage, effluent and waste from discharging onto the ground This system, with Thompson's compressor priming system, offers mid-range air handling capabilities for quick priming. Pump Casing Materials Heavy-duty class 30 cast-iron Impeller Dynamically balanced, non -clogging, enclosed, 65-45-12 12 in ductile -iron, with rear -equalizing vanes to reduce axial load- Maximum Flow Capacity ing and prolong seal and bearing life; diameter 12.88" x 27° Mechanical Seal 3" run -dry oil lubricated with Tungsten Carbide rotating and 95 ft Silicon Carbide stationary seal faces. Single inside mounted, Maximum Solids Handling non -pusher type with self-adjusting elastomeric bellows. Oth- (7.62 cm) er components are 304 stainless steel and viton. Bearings & Frame Heavy-duty bearing, grease lubricated to carry both axial and EaOperating Temp. radial loads, Heavy-duty class 30 cast-iron frame Suction Wear Ring Replaceable, 65-45-12 ductile iron Shaft 'Stress -proof steel and fitted with a renewable 416 stainless steel shaft sleeve Head Rugged, back pull out design, heavy duty class 30 cast iron with tapered bore design Suction Size 12 in (30.48 cm) Discharge Size 12 in (30.48 cm) Maximum Flow Capacity 6350 gpm (1441.45 M3 /h) Maximum Head 95 ft (28.96 m) Maximum Solids Handling 3 in (7.62 cm) Maximum Operating Speed 1800 rpm EaOperating Temp. 200 °F (93.33 °C) Operating Pressure 41.1 psi (283.55 kPa) Thompson Pump and Manufacturing Co., Inc. 4620 City Center Drive, Port Orange, FL 32129 USA www.thompsonpump.com Approximate Dry Weight Fuel Tank TBD 127 gal (480.75 L) Fuel Consumption @ 1800 rpm 5.97 gph (22.6 L/h) Best Efficiency Point 68% Maximum Operating Times 21 hours @ 1800 rpm Fuel Economy 0.349 Ib/hp-hr @ 1800 rpm 30 hours @ 1600 rpm 0.343 Ib/hp-hr @ 1600 rpm 46 hours @ 1400 rpm 0.341 Ib/hp-hr @ 1400 rpm Nationwide 800-767-7310 • International +1-386-767-7310 Fax 386-761-0362 sales@thompsonpump.com Page 221Not )1 60 cc 00000 o Ltd M®F mi mi L 0 w v, CD W Z) V) ami o (1) Q (D 7 o Ia ca 3 _ L Ln N J C) aF N U L' c) Q ECD rn L: L- O a� O Q U) CL U) cu N `o L _ d C L C,O 0 cu Q 7FD C:O 0 L U s.E �U) a o N O Em- Q 3 cr N E +, c O C ?� 7 N 0 0" 0) U) .0 Q �.T 7 C N N W V N ° R 0 E R 5; a� R +� QU 7 N a �-0 C C O '– O O Pt Z N O T T C (6 Im 0)o E L i -0 O N C (6 N 70 o 00 O > ° C O — N &L .(D icu 75vm ° 8U ce) 6 E fUX 3 N O U ) ° U N c LL pOO N U U C: N w LO — U N .2-, QCL N L� a)8E N C:U L L'cB (u U) O U L c QO U O EU O U) a) 0 N c—°- o — a� m 0 0 Q a w�E U N O WH Qw U),2 Page 222 of 1360 iISO it N, cc 00000 o Ltd M®F mi mi L 0 w v, CD W Z) V) ami o (1) Q (D 7 o Ia ca 3 _ L Ln N J C) aF N U L' c) Q ECD rn L: L- O a� O Q U) CL U) cu N `o L _ d C L C,O 0 cu Q 7FD C:O 0 L U s.E �U) a o N O Em- Q 3 cr N E +, c O C ?� 7 N 0 0" 0) U) .0 Q �.T 7 C N N W V N ° R 0 E R 5; a� R +� QU 7 N a �-0 C C O '– O O Pt Z N O T T C (6 Im 0)o E L i -0 O N C (6 N 70 o 00 O > ° C O — N &L .(D icu 75vm ° 8U ce) 6 E fUX 3 N O U ) ° U N c LL pOO N U U C: N w LO — U N .2-, QCL N L� a)8E N C:U L L'cB (u U) O U L c QO U O EU O U) a) 0 N c—°- o — a� m 0 0 Q a w�E U N O WH Qw U),2 Page 222 of 1360 6.H. Consent Agenda 4/6/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 6, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT U.S. WATER Supplemental Piggyback — West June 6, 2021 $60,000 SERVICES Workers for Utilities Palm Beach Contract through June 5, 19260 2022 PROPERTY Registration and Resolution R19-038 March 1, 2021 This is a REGISTRATION monitoring of through revenue CHAMPIONS abandoned and February 28, generating foreclosed properties. 2022 contract. How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 223 of 1360 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Attachirneint D Attachirneint D Attachirneint Description etteir firoirn US Wateir I etteir firoirn Ii. iroChairyips Reinew,-".ils and Piggybacks Page 224 of 1360 March 11, 2021 Mr. Edward Mitchell U.S. Water Services Corporation 4939 Cross Bayou Boulevard New Port Richey, FL 34652 VIA EMAIL TRANSMITTAL TO: emitcheli@uswatercorp.net RE: AGREEMENT R19-106 Piggy -Back of West Palm each Contract 19260 - Supplemental Workers for Utilities 10111 4 ILI Dear Mr. Mitchell: The current agreement term for "SUPPLEMENTAL WORKERS FOR THE CITY OF BOYNTON BEACH WATER UTILIT[ES" expires June 5, 2021. The Agreement allows for a final one-year extension. The City of Boynton Beach would like to extend the Agreement for your services for the final one-year extension with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to Ili i� "b j�_ !.Ls at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. Viincereiy, W Mara Frederiksen Director of Financial Services C: Bryan Heller, Manager of Water Quality and Treatment Melissa Roberts, Administrative Assistant Kristeena into, Purchasing Manager Page 225 of 1360 America's Gateway to the Gulf Stream March 11, 2021 _'NE: AGREEMENT i.Piggy-Back Palm Beach Contract 19260 — Supplemental Workers for City of Boynton AGREEMENT R L , 2029 THROUGH JUNE 5, 2022 i 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) r�-•�-tIND I 70 aNI 0 U r a,. NAME . REPRESENTATIVE f (please print) 01WAN y Y R = TITLE (AREA CODE) TELEPHONE NUMBS Page 226 of 1360 America's Gateway to the Gulf Stream The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 March 18, 2021 Property Registration Champions d/b/a ProChamps of Melbourne, FL ATTN: Mr. Scott Blasie VIA E-MAIL: sblasie@prochamps.com RE: AGREEMENT FOR ADMINISTRATOR OF RECORD FOR ABANDONED/FORECLOSED AND VACANT PROPERTIES No.: 034-1410-21 CURRENT AGREEMENT PERIOD: March 1, 2020 to February 28, 2021 Dear Mr. Blasie: The Agreement for Administrator of Record for the services to register vacant, abandoned, and foreclosed properties for the City of Boynton Beach will expire February 28, 2021. This Agreement may be extended for an additional one-year term with the same terms and conditions and registration fee per applicant of $250.00. We appreciate your Company's excellent performance and results. Therefore, if you agree, we will extend the existing Agreement from March 1, 2021 to February 28, 2022. Please indicate your response on the following page and return it to Finance/Procurement Services at your earliest convenience. We look forward to continue working with your Firm. If you should have any questions, please feel free to call Julianne Alibrandi, at 561-742-6318 or e-mail at alibrand ii abbfi.us. Thank you. Sincerely, plow,u i Mara Frederiksen Director of Financial Services cc: Adam Temple, Director Community Standards Kristeena Pinto, Purchasing Manager File Page 227 of 1360 March 18, 2021 RE: AGREEMENT FOR ADMINISTRATOR OF RECORD FOR ABANDONED/FORECLOSED PROPERTIES No: 034-1410-21 Agreement between the City of Boynton Beach and Property Registration Champions, LLC d/b/a ProChamps: NEW AGREEMENT PERIOD: March 1, 2021 through February 28, 2022 X Yes, I agree to extend the existing Agreement (R19-038) with the same Terms and Conditions for another one year term. No, I do not wish to extend the Agreement as explained below: PROPERTY REGISTRATION CHAMPIONS, LLC David Mulberry NAME OF REPRESENTATIVE Please Print 03/19/2021 DATE dmulberry@prochamps.com E-MAIL ADDRESS SIGNATURE CIO TITLE (321) 421-6639 (AREA CODE) TELEPHONE NUMBER Page 228 of 1360 REQUESTING DEPARTMENT.- Utilities DEPARTMENT CONTACT: Bryan Heller TERM: June 6, 2021 through June 5, 2022 SOURCE FOR PURCHASE: Resolution R19-106 ACCOUNT NUMBER: Various VENDOR(S): U.S. Water Services Corporation ANNUAL ESTIMATED EXPENDITURE: $60,000. DESCRIPTION: On October 1, 2019, City Commission approved and authorized the City Manager to sign an agreement with U.S. Water Services Corporation to provide licensed operators to staff water and wastewater facilities on an "as needed" basis; utilizing the West Palm Beach Contract 19260, ITB No. 16-17-119. U. S. Water has agreed to renew this agreement with the same terms, conditions and pricing for a one-year term. Previous Expenditures FY 2020: $16,74 7.50 FY 2019: $106,651.70 FY 2018: $248,568.58 REQUESTING DEPARTMENT.- Finance DEPARTMENT CONTACT.' Mara Frederiksen TERM: March 1, 2021 through February 28, 2022 SOURCE FOR PURCHASE: Resolution R19-038 ACCOUNT NUMBER: 001-0000-342-92-00 VENDOR(S): Property Registration Champions d/b/a ProChamps ANNUAL ESTIMATED REVENUE: $75,000. DESCRIPTION: Property Registration Champions has been the administrator of record for the City for vacant, abandoned and foreclosed property since 2010. The most recent solicitation RFI -001-2019, for a one-year Agreement was awarded to ProChamps by City Commission, April 2, 2019. The Agreement allows for three additional one- year terms with the same terms, conditions, and fees. ProChamps has agreed to renew the Agreement for the second one-year term. Revenues Collected: FY 2020: $74,200. 00 FY 2019: $72,600. 00 FY 2018:$102, 000 7.A. Requested Action by Commission: Proposed Resolution No. R21-035 - Approve utilizing Omnia Partners Contract # 2017025 with Toro pricing through local distributor Hector Turf for the conversion of irrigation system from hydraulic to electric control at the Links at Boynton Beach for a total not to exceed $325,000.00. Explanation of Request: Contract Term: April 1, 2017 - March 31, 2022 Omnia Partners Contract # 2017025 - The City of Mesa, AZ Purchasing Division issued RFP#2017025 on October 25, 2016, to establish a national cooperative contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. The solicitation included cooperative purchasing language which satisfies the City's competitive bid requirements. The Links at Boynton Beach is requesting approval to convert the existing irrigation system built in 1984 from an open hydraulic system to a two -wire electric system with all new sprinkler heads and swing joints in a head -for -head swap. By converting the system, staff will be able to control water usage, direct water more effectively, improve golf course conditions and reduce irrigation repair costs. How will this affect city programs or services? The Links at Boynton Beach is a 27 -hole public golf course which will remain open throughout the installation, closing only the one hole that is being affected by the conversion each day. Fiscal Impact: Budgeted Funds have been budgeted and available in account 302-4501-572-63-01 (project # GF2103) in the amount of $325,000.00 Alternatives: Project could be bid; however, Omnia Partners Contract # 2017025 provides 40% off Toro's current year MSRP. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 230 of 1360 Attachments: Type D IRESdUltion D Fliggy IBacIls D Meirno D QUIONDS Description IRESdUltion appiro�Aing Ulbliziing Oirninia Flairtirleirs foir inrigation at the inks Oirninia IFla irtineirs Contract# 2017025 DistiribUltc.xr QLAOtE., Page 231 of 1360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING OMNIA PARTNERS CONTRACT # 2017025 WITH TORO PRICING THROUGH LOCAL DISTRIBUTOR HECTOR TURF FOR THE CONVERSION OF IRRIGATION SYSTEM FROM HYDRAULIC TO ELECTRIC CONTROL AT THE LINKS AT BOYNTON BEACH FOR A TOTAL NOT TO EXCEED $325,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Links at Boynton Beach is requesting approval to convert the existing irrigation system built in 1984 from an open hydraulic system to a two -wire electric system with all new sprinkler heads and swing joints in a head -for -head swap; and WHEREAS by converting the system, staff will be able to control water usage, direct water more effectively, improve golf course conditions and reduce irrigation repair costs; and WHEREAS, Omnia Partners Contract # 2017025 - The City of Mesa, AZ Purchasing Division issued RFP42017025 on October 25, 2016, to establish a national cooperative contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment; and WHEREAS, upon recommendation of staff, it is the City's desire to approve utilizing Omnia Partners Contract # 2017025 with Toro pricing through local distributor Hector Turf for the conversion of irrigation system from hydraulic to electric control at the Links at Boynton Beach for a total not to exceed $325,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RBSO\Agreements\Piggy-Back Omnia Partners (Irrigation System) - Reso.Docx Page 232 of 1 360 32 approves utilizing Omnia Partners Contract # 2017025 with Toro pricing through local 33 distributor Hector Turf for the conversion of irrigation system from hydraulic to electric 34 control at the Links at Boynton Beach for a total not to exceed $325,000.00. 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of April 2021. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RBSO\Agreements\Piggy-Back Omnia Partners (Irrigation System) - Reso.Docx VOTE YES NO Page 233 of 1360 o omws NATIONALIPA Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Executive Summary Lead Agency: City of Mesa, AZ RFP Issued: October 25, 2016 Response Due Date: December 14, 2016 Awarded to: Solicitation: RFP#2017025 Pre -Proposal Date: November 15, 2016 Proposals Received: 3 The City of Mesa, AZ Purchasing Division issued RFP#2017025 on October 25, 2016, to establish a national cooperative contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. The solicitation included cooperative purchasing language in the Scope of Work, #2 National Contract: NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company ("National IPA) to make the resultant contract (also known as the "Master Agreement" in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. Page 1 of 2 Page 234 of 1360 Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • City of Mesa, AZ website • National IPA website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star -Advertiser, HI • The Advocate — New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • The Herald News, IL On December 14, 2016 proposals were received from the following offerors: • Jacobsen Textron Company • Harper Industries, Inc • The Toro Company The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with the Toro Company. The City of Mesa, AZ, National IPA and the Toro Company successfully negotiated a contract and the City of Mesa, AZ executed the agreement with a contract effective date of April 1, 2017. Contract includes: Sports Fields and Grounds Equipment, Golf Course Maintenance Equipment, Related Equipment Parts, Used Equipment and Balance of Line to include: Golf Irrigation, Residential Commercial Irrigation, Landscape Contractor, Site Works Systems and Boss Snow Removal Equipment Lines. Value Added Services: Used Equipment, Financing Options and Smart Value Program volume incentive program. Term: Five year agreement beginning April 1, 2017 and ending March 31, 2022. Two (2) annual renewals are available through March 31, 2024. Pricing/Discount: Discount off Toro MSRP. Serviced and supported by local Toro distributors/dealers. National IPA Web Landing Pages: www.nationalipa.org/Vendors/PagesITheToroCompany.aspx Page 2 of 2 Page 235 of 1360 Toro Company ° IllIricing The award provides discount off Toro's current year MSRP on the following Toro equipment: • Commercial Sports Fields, Grounds and Golf Course Maintenance Equipment 21.8% off current year MSRP • Related Equipment Parts up to 50% off • Bullseye Products 5% off • Used Equipment dependent on age, hours and condition • Golf Irrigation Wholegoods, Accessories and Attachments 40% off • Residential Commercial (ResCom) Irrigation Wholegoods, Attachments and Accessories 40% off • Irritrol Irrigation Wholegoods, Attachments and Accessories 40% off • Rainmaster Irrigation Wholegoods (RA) 35%off • Rainmaster Irrigation Parts (RB) 0% off • Sentinel Irrigation Wholegoods 35% off • Large Commercial Rotors 15% off • Residential Landscape Contractor Equipment (LCE) Wholegoods, Attachments and Accessories 27% off • Residential Landscape Contractor SNOW Equipment (LCE SNOW) and Attachments 20% off • Site Works Systems (SWS) Equipment Wholegoods, Attachments and Accessories 17% off • Boss Equipment, Attachments and Accessories 25% off • Ventrac Wholegoods, Attachments and Accessories 12% off • Allied Products Provided by Third Party not to exceed list price Smart Value Program: In addition to the discount off of Toro's Commercial list price, this agreement offers the Smart Value Program, a volume incentive program. This program provides the customer with a level of dollars available to be used to purchase additional whole goods, accessories, attachments, parts or extended warranty based on the volume of purchase. For additional information, contact your local Toro Commercial distributor. To find your local distributor, click here. Page 236 of 1360 NATIONALIPA Irr-1 The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust New Jersey LFN 2012-10 Packet for The Toro Company Contract #2017025 Solicited and awarded by the City of Mesa, AZ on behalf of itself and National IPA participants Page 237 of 1360 N TION LIPA Irr-111-204--1 TC PN The Cooperativo Purchasing Notwork Enhanced Portfolio I Unified Focus I Continued Trust New Jersey LFN 2012-10 Packet Table of Contents Required Document OEM= Mloqrammm morglow of solicitation on behalf of themselves and National IPA and/or TCPN members national] subcontractors RMOORMIMMMOR = Page 238 of 1360 NATIONALIPA ImIl e-204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust CON"r . , "r DOCUME "rs SCREE t... "r FROM WEBSrrE Page 239 of 1360 7/21/2017 The Toro Company Cor/rt,irad, 2053Grounds f j ") , � I I ,/ � �) " 7 Executive Summary E.:xeckjfive SLAirnirnairy Pirk,iing Master Agreement Documents Offici4l &gined Contract Toro Respoinse to IRFfm Solicitation Process Oirlgiinal IRRf" IDocuirnent RFf"Aimendirneirit I f"Iroof of [-`Ublllicafioin A I " 1, 20111 7 V) , 21-22 Executive Summary W �3 T C0 rl.l� % 2 (,'),1 '7 025 G ir 0u i I d S "w"I a � "It, e I �, a r/,,i,,,/ e IE q U l 0 1 rmir"It", fall� t A c c e ,,,sof I tea;, �,,5 t,,), I li e s, IR e I ati, e �,J, S e ii; ,/n c e s ii lli,,J, i j�,, I p ii r e Executive Suirnimairy Pirlciing http://www.nationalipa.org/Vendors/Pages/TheToroCompany.aspx#tabs-contract Page 240 of 1 �§O 7/21/2017 The Toro Company Master Agreement Documents O1fid!4l &gined Contra(1, Solicitation Process Oirigiinal RFf"IDoc.uirneint RFf"I Airneindirneint I RFf"I Airneindaiient 2 F-Iroof ofIfkflf-)lllicafioin Response Evaluation SL,JppIllieir IIFrer~~mpolYnse Conf,,,,,racf,,,,,� R14,1201 �- Grouini�/,�,:,,`,,s Keqphr/�,g air/[d',,,, � erv�ces 0' 1 1, 201" Executive Summary Prk,iing 1131111(,Wire Master Agreement Documents Offici4l &gined Contract 4Uh Ye�air 1Reinewall) Letter Cointiract, t.1linnla to .. IIC. eirno IEqulilpirrneint Award Letter Regbin 4 IBoanlydIpr �[,nova111 of Awaird IMerrno Siinjle Award Letter f -'roof of USA Ti.-Aay Response Evaluation RespoinseE.vAw.,Aoin SLAirnirnairy Airizoina Coirnpl iaince QLAestioninailire Solicitation Process Cm' eterrnination for IIF IIF=Ifm Oirigiinal IRFfm IF:tocurnm,eint: Proof of IPn,lUlliicantiion,-, DJC Proof of IPn,lUlliicantiion,-, DJC Proof of PUNk;atloin,-, U,13A Today Proof of PUNk;atloin,-IIF' birence Reir6indeirfi3bde Tidbuine Proof o IPn.dItDlllila,am tloin,-, IRetlon 4 Fliroof of' Puk,)lllicafioin,-, 11'CF3N RFf"IRequest Lst RFf"I Receipt IlList http://www.nationalipa.org/Vendors/Pages/TheToroCompany.aspx#tabs-contract Page 241 of 1 �§O 7/21/2017 The Toro Company Thrne Stairrq,)ed 1Regmirnses RFP Qpeiniing Sgin-lin 13heet http://www.nationalipa.org/Vendors/Pages/TheToroCompany.aspx#tabs-contract Page 242 of 1 �§O N TION LIPA Irr-111-204--1 TC PN The Cooperativo Purchasing Notwork Enhanced Portfolio I Unified Focus I Continued Trust PAGE FROM SOLIcrrA.1'riON "rl--IA.1'r INDICA."rES LEAD AGENCY AND ISSUANCE OF SOLIcrrA.1'riON ON BEHALF OF In IEMSELVES AND NA."rIONA.L IPA. AND/OR "rcPN MEMBERS Page 243 of 1360 SCOPE OF WORK This Scope of Work will be compiled into any resulting contract as Exhibit A. INTENT: It is the intent of the City of Mesa to enter into a contract with a supplier(s) for the purchase of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. Qualified suppliers must have the capability to provide these products in all respects, in accordance with the solicitation documents and to the satisfaction of the City. The City's preference would be to offer a Respondent's complete catalog of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment available to agencies Nationwide. However, the City reserves the right to award this solicitation to one or more Suppliers, by individual line item, by group of line items, manufacturer, geographic region, or as a grand total; whichever is deemed most advantageous to the City. 2. NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company ("National IPA) to make the resultant contract (also known as the "Master Agreement" in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. National IPA is a channel partner with Vizient (formally, Novation). Together we leverage over $100 billion in annual spend to command the best prices on products and services. With corporate pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a Nationwide Supplier and respond to the National IPA documents (Attachment D). The City of Mesa anticipates spending approximately $550,000.00 over the term of the contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment purchased under the Master Agreement through National IPA is approximately $35 million. This projection is based on the current annual volume through the City of Mesa, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA. 3. GENERAL REQUIREMENTS: A. QUALIFIED FIRMS: Offerors should meet the minimum qualifications; 1. Be an authorized distributor or manufacturer. 2. Have a strong national presence in the grounds maintenance equipment industry. 3. Have a distribution model capable of delivering products nationwide. 4. Have a demonstrated sales presence. 2017025 Page 14 of 41 Page 244 of 1360 NATIONALIPA M-111-204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust NEW JERSEY BUSINESS RE t "r . ,1'riON CER'"t"tF,A'rE Page 245 of 1360 STATE OF NEWIERSEY DEPARTAENT OF MASURY CERTIFICATE OF AUTRORnY TUE TORO COMWANY DoingBusinessAs 1, the Treasurer Of the State of New Jersey, do hereby certtfy that the above-named Poreign Corporation (D23A) organized under the laws of Delaware, has complied with all the requirements of Title 14A of the New Jersey Statutes, and that the business or activity ofsaid Foreign Cor.poration (DBA) to be carried on within the State of New Jersey is such as may be laufzdly carried on by Foreign Corporation (D23A) filed under the laws of this State for similar business or activity, The Certftate of Authority was duly filed August 29th, 2013, Cere*ate Nwnber: 12.0433055 Verify' This C etdfI4 &a pnkne at Pap I IN TES77MONY WHEMP, I h4ve hereunto set my hand and affixed my Official Seal in Trenron, this 47 Trentm this 301h day qfAugug 2013 Andrew P Sfdamon-Eristqff stxe Treasurer Wd O!V. b [ CLOZ OC 2nV 198996609:xEj Page 246 of 1360 rbk. Tmt-M armed Oftoij*sw� �fy this F9M.' ITNO..-TI. Aalfs �ftkmuli6n JA m kvs . dwww. ANN" 4. r Lk py 'l5hUk%hlrrO) Mr Ojo y#j* p wn CO 'd tv:vt c�toiZ OC 2nV LS89V86609:xeJ PA6E '02/04' Page 247 of 1360 - :I^` 5 7, 00'd t v : v L cioz oc 2nv PAGE OVO4 Is BOHM :xe4 Page 248 of 1360 44, P! 1^ W, m MT UZXZM.17Y7 � t �s. I� �:C��ia,t�•�"�a�o�"`�� cine' uly SO'd WVL CLOZ BE 2nV [9B9v06609:xej PAGE 04/04 Page 249 of 1360 NATIONALIPA ImIl e-204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust "t" ,"rEME "r Off«RPORA."rE OWNERSHIP Page 250 of 1360 (N.J.S. 52:26-24.2) Pursuant to the requirements of P, NL. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 101 percent (10%) or more of the firm presenting the proposal, Company Name: Street: City, State, Zip Code: 'Yi ..... ..... rW91111VI®RIP1. certify that I am the sole owner of Haat there are no partners aind'the business is not incorporated, and the provisions of N. J� & 52:25-24.2 do not apply. OR: a partner in do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1), or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation's stock or the individual partners owning 10% or greater interest in that partnership. OR: 2 NJ an authorized representative of ILI IV �P a corporation, do hereby certify that the following is a list of the names ,and addresses of 6/1 stockholders in the corporation who own 10% or more of its stock of any class. 1 further certify that if one (1) or moire of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation's stock or the individual partners owning a 10% or greater interest in that partnership, 811101111011113MMI , F Name Address Interest A I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief Page 251 of 1360 N TION LIPA ImIlle-204--1 TC PN The Cooperativo Purchasing Notwork Enhanced Portfolio I Unified Focus I Continued "gust CUM Page 252 of 1360 (P.L. 1975, C.127) CompanyName: Street: City, State, Zip Code: Indicate below your compliance with New Jersey Affirmative Action regulations,, Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Procurement, Professional & Service Contracts (Exhibit. A) Vendors must submit with proposal - 1. A photocopy of their Federal Letter of Affirmative Action Plan Approval OR Z A photocopy of their Certificate of Emplpyee Information ort OR 3. A complete Affirmative Action Erngloyee Information Report (AA302) IIIINITINIM111 1: !!!1!1!1!! AA201 -A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief In Mo 11 W M— Page 253 of 1360 lltlji FA 4,130";J 1411491W During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectionall or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, Such action shall linclude, but not be limited to the following: employment, upgirading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, includlingi apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discriminatiioIn clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, I color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P1, 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable, county employment goal prescribed by NI.J.A.C. 17.,27- 5.2 promulgated by the Treasurer pursuant to P. L. 1975, +C„12.7, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.JA.C. 17.27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, 0.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform i in writing appropriate recruitment agencies, in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation:, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices, The contractor or subcontractor agrees to revise any of it testing procedures, if ne!cessairy, to assure that all personnel testing conforms, with the principles of jobil-related testing, as established by the Page 254 of 1360 statutes and court decisions of the state of New Jersey and as established by applicable, Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such, information as may be requested by the Affirmative Action, Office for conducting a compliance investigation pursuant to §j�hagter 10�ofthq Adm inistratiive.Code (NJAC 17:27). Signature -of -P-recu-r4e r, ent-A<jent, Page 255 of 1360 NATIONALIPA M.�M►2 l TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust Page 256 of 1360 I Gompany Name: Street: 6,MI City, State, Ziip Code: 5 State offtw Jersey 0"I # k-, ,County of --- Z of the Name city in the County of ^mLILL-P-L'O State of ------------ of full age, being duly sworn according to law on my oath depose and say that: '� "I , "11- lam the 4�e "C' , V ) ''01`5 of the firm of "J L4, Title Company Name I the offeror making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that / executed the said proposal with full authority to do so; that said offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained' in said proposal and in this affidavit are true and correct; and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by Subscribed and sworn before me this day of J20 Notary Public of New- Jef-s",e\ A., IV"e S 'c"Ie'., My commission expires I , 20_ 9M Authorized Signature & Title Page 257 of 1360 NATIONALIPA ImIl e-204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust Lt t'TAMON PosIMNG DOCUMENTS Page 258 of 1360 AFFIDAVIT OF PUBLICATION RFP NO. 217025 ; MAINTENANCE EQUIPMENT 19 PO BOX 194 Phoenix, Arizona 85001-0194 (602) 444-7315 FAX (602) 444-5901 STATE OF ARIZONA COUNTY OF MARICOPA SS. Tabitha James, being first duly sworn, upon oath deposes and says: That she is the Supervisor of the Arizona Business Gazette, a newspaper of general circulation in the counties of Maricopa, Coconino, Pima and Pinal, in the State of Arizona, published weekly at Phoenix, Arizona, and that the copy hereto attached is a true copy of the advertisement published in the said paper on the dates indicated. 11/3/2016 Sworn to before me this 3 RD day of NOVEMBER 2016 IBRIAN BILLINGS Notary Pu bfic • Arizona IN a.rucopa County aMy Commission Expires Jul a 2018 Ro—ta—ry76 tic Page 259 of 1360 4770 S. 5600 W. WEST VALLEY CITY, UTAH 84118 Deseret News FED.TAX 1.D.# 87-0217663 801-204-6910 PROOF OF PUBLICATION CUSTOMER'S COPY Cj]STOME$.N. ME.�iJD. uDPESS AC:COIfNT-11TLJV1BBR. LOVE ADVERTISING, ACCOUNTS PAYABLE 770 S POST OAK LN STE 101 HOUSTON TX 77056 ti i 4 8I1k1 N -DATE 10/28/2016 ACCOL NT N.UVE LOVE ADVERTISING, TELEPHONE ORDER# INVOICFNUMBER 7135521055 0001119019 PUBLICATION SCHEDULE START 10/28/2016 END 10128.'2016 CUS TOMER REFERENCE NUMBER RFP No. 2017025 CAPTION REQUEST FOR PROPOSALS The City of Mesa, AZ is requesting proposals from qualifie SIZE 38 LINES I COLUMN(S) TIMES TOT.�L COST 2 65.04 AFFIDAVIT OF PUBLICATION m{aa C • lne PRE -PROPOSAL CONFR- bff 15, 2015 SSU am lam, lime .AAesa PIdC 20 E . rrta;n st, IEoOm t�so Norlk i, AZ 85201 PROPO5A1 DUE DALE December 14, 2016 3100 ym loml e CONTAC erin r Ranui?Y, praaremenl Officer, �ess.�omneyHrr? TIM ov. 1119019 IpAw AS NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP LEGAL BOOKER, I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF REQUEST FOR PROPOSALS The City of Mesa, AZ is reauestine proposals from nualified and experienced firms to provide Grounds Maintenance Equipment, Parts Access FOR LOVE ADVERTISING, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP, AGENT FOR DESERET NEWS AND THE SALT LAKE TRIBUNE, DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH, AND PUBLISHED IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH, NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-101; 46-3-104. PUBLISHED ON Start 10/28/2016 End 10/28/2016 DATE 10/28/2016 STATE OF UTAH COUNTY OF SALT LAKE ) SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 28TH SIGNATURE DAY OF OCTOBER IN THE YEAR 2016 BY NN D LL . YPRGHA CRAi Tm..: STATE 72963 �1,V1.uti NOTARY PUBLIC 51GNATURE Page 260 of 1360 921 S.W. Washington St. Suite 2101 Portland, OR 97205-2810 (503) 226-1311 STATE OF OREGON, COUNTY OF MULTNOMAH--ss. I, Michelle Ropp , being first duly swom, depose and say that I am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQ City of Mesa, Az; Bid Location Mesa, AZ, Maricopa County; Due 1211412016 at 03:00 PM a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for t time(s) in the following issues: 10/28/2016 State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON THE 28th DAY OF October, 2016 OFFICIAL STAMP FELICIA MARIE PELGiATTO �, 1 NOTARY PUBLIC - OREGON COMMIS010N NO, 934788 VMY 'OMMISEION "— PIPIMP JANUARY lei, 201 a Love Advertising National Ipa 770 S Post Oak Ln Ste 101 Houston, TX 77056-1913 - . CITY OF MESA; AZ -f , GROUNDS MAINTENANCE EQUIPMENT,PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPME14T Proposals due 3!OOpm, December 14,2016 REQUEST FOR PROPOSALS ihE- City ` 4f Mesa, AZ is requesting Proposals from qualified and *erlenced f1F.m5 to provide. Grounds 'Maintenance Equipment, Parts, Aocessones, supplies, Related Sernces and EgWpm enf (RFP No 2017025} In order to be considered, the Offeror most °complete and submit a I Proposal to The City' of Mesa, AZ Fn a=jtdance. with the. solicitation docu- mentation available at wwwaiationali pa.0% and hitpArn ov usin urchasinwbid-oPPOdUR ieslo2en-aollcitati o AFPNumberl-sorld� -C ' PRE -PROPOSAL CONFERENCE. Tuesday; November 15, 2016 8:00 am local time; Mesa City Plaza, 20 E Main St, R06in #450 North, Mesa, A?.85201 PROPOSAL DUE WYE December 1.4. 2016 3:00 pra locaytime - CONTACT: Jess Romney; Procurement Officer,le�s.rdmney�rriesaAa aov Published Ort 28, 2016: 11198872 Order No.: 11198872 Client Reference No: Page 261 of 1360 AFFIDAVIT OF PUBLICATION IN THE MATTER OF } Grounds Maintenance (RFP No. 2017025) } } STATE OF HAWAII ) ) SS. City and County of Honolulu } OCT 3 12016 Doc. Date: U= # Pages: 1 Notary Name: COLLEEN E. SORANAKA First Judicial Circuit Doc. Description: Affidavit of , Pu p� J1 IC - OCT 3 12016 ry Signature Date!O• o �Q The C4 of Mesa, AZ wr8qUM09 PIONY irem Arms to PmvWe Grounds ';, t uallfiea and expedenced Maintenance EqutP030A Pads, Aoce"°ries! SUPplles' Related Semm and.Equipmerd {RFP No, 2017025} Lisa Kaukani being duly sworn, deposes and says that she is ac d l to ;In ower ro be wrodeMd, the ORM mast complete; Mesa AZ , authorized execute this affidavit of Oahu Publications, Inc. publisher of The Honolulu ;and subaat a proPosal The City Of , II in aaerdance xaih the sob©Ion documerdatioa ' Star -Advertiser, MidWeek, The Garden Island, Rest Hawaii Today, and Hawaii 4 available - at www' n a t10 n a 1 i a a . 0 and htt :' mesaaz. or baslness urchasrn bid- ; Tribune -Herald, that said newspapers are newspapers of general circulation in the a oriunffiss o en�oiiclTations : aortn RfPNumbarl_ State of Hawaii, and that the attached notice is true notice as was published in the sodd-desti Ii aforementioned newspapers as follows: PRE.PROPOSAL CONFERENCE, Tuesday, None W 15, Honolulu Star -Advertiser 1 times on: 2018 8:00 am total time, Mesa City ply 20 E Mai i St, Room #450 N6fth, Mesa,AZ 85201 i 10/28/2016 0 times PRoposAL ouEVATE . OeC rubel 14, 2016 .3:00 pm 1001 time MidWeek on: CONTACT, Jess .Romney, prucurennWL Officer, i i� iomney®rne5a �V; isaszRzae io/2s�1s1 The Garden Island 0 times on: Hawaii Tribune -Herald 0 times on: West Hawaii Today 0 times on: Other Publications: And that affi is n t a patty to or inany wasted above entitled matter. d,� •see 1 ! ++ p d p d Lisa Kaukani076 's P Subs ed to an sworn before me this day of FJAD. 20"'_- aka, Notary- Public o t e trst u icial Circuit, State of Hawaii My commission expires: Jan 06 2020 $®Pdfld 111 ag4`k Ad# 0000928748 SP.NO.: L.N. Page 262 of 1360 Pa 1 Houston Chronicle 0000124250 CITY OF MEZZ, AZ 9e CLASSIFIEDS --I tt[AN5T, AFFIDAVIT OF PUBLICATION STATE OF TEXAS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY, WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN, WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON, JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a true and correct copy, was published to -wit: CITY OF MEZZ, AZ RAN A LEGAL NOTICE 0000124250 HC073770325 SIZE BEING: 1 x28 L Product CNCY-Cypress Creek Mirror (CypresslCy-Fi CNCH-Cypress Creek Mirror (Champions/KI CNPM-Magnolia Potpourri CNPO-Tomball Potpourri CNCY-Cypress Creek Mirror (Cypress/Cy-F, CNCH-Cypress Creek Mirror (Champions/KI CNPM-Magnolia Potpourri CNPO-Tomball Potpourri Date Class Nov 09 2016 Bids -Proposals Nov 09 2016 Bids -Proposals Nov 09 2016 Bids -Proposals Nov 09 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Sworn and subscribed to before me, this 16th Day of November A.D. 2016 Page Page 263 of 1360 L0000124250 Houston Chronicle 000124250 CITY OF MEZZ, AZ Page 2 CLASSIFlEos The City of Mesa, AZ is requesting proposals from qualified and expe- nenced firms to provide Grounds Maintenance Equipment, Parts, Ac- cessories, Supplies. Related Serv- Ices and Equipment (RFP No. 2017025). In order to be'consid- ered, the Offeror must complete and submit a proposal to The City of Mesa, AZ in accordance with e solicitation documentation availa- ble at www.natfonatipa.org and httpVlmesaaz.gov/businesslpurch asi ng/bid-opportunif ies/open -so f i c i taf i on sl-sortn -R FP Nu mb a r/ -sortd-desc PRE -PROPOSAL CONFERENCE: Tuesday, November 15, 2016 5:00 am local time, Mesa City Plaza, 20 E Main St, Roam #450 North. Me- sa, Az x5201 PROPOSAL DUE DATE: December 14, 2015 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, less.rom ney@mesa az.gov. Page 264 of 1360 0 E 0 m (Y) 4- 0 LO m N N 0 0 0 0 0 IR -1-2= 1111w .a v Pr in a F 13 t2 n MI E 0 m (Y) 4- 0 LO m N N LOVE ADVERTISING ATTN: KAELIE MARCOZZI 770 S POST OAK LANE, SUITE 101 HOUSTON, TX 77065 Acct Number: 5481 Ad Number: 0000102518 Insertions: 1 Total: $13.20 Affidavit: $7.50 Total: $20.70 AFFIDAVIT OF PUBLICATION NEIN JERSEY, SUSSEX COUNTY, ss Donna Hendricks , of full age being duly sworn, did depose and say that the notice hereto attached was published in THE NEW JERSEY HERALD and/or NEW JERSEY SUNDAY HERALD a newspaper printed and circulated in said county on 10/28/2016. Sworn and subscribed before me this 28th day of October, 2016 W FUJ. ME CEU >w ZIZABET �r r, LEGAL INOTICE The City of Mesa. AZ. is requesting proposals'. from qualified and.expe- rienced firms is provide Grounds Maintenance. Equipment, Parts, Ac- cessorles, Supplies, Re- lated . Serv[ces ' and Equipment (RFP Na„ 20 17035). In order .to be considered: tare ' Offerar must complete and sub- mit a proposal to The Cif Y of Mesa, AZ in accord once with the solicita- tion documentation available of vAv%- natio- nal lna-org and h4fp47me. saaz-gowbus l n ess/pu rch asing/bid-opaortunitieW open -sol icitationst-sortn- R F.P N u m be r/-sa rtd-d es C PRE -PROPOSAL CON- FERENCE Tuesday, November 13, 2016 8.00 am loco[ time. Mesa. Cit Y Plam, 10 E. Main 5t, R oom #450 North, .'Mesa. AZ 65201 PROPOSALDUE ' DATE r December 14, 2016 3100 pm local time` CONTACT. JAss Rom- nev, Procurement Offi- cer, iess.romneygme5a oz-gov, Oct. 2L 116 Pf813.20 000iiinsid NJH Page 267 of 1360 Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 LOVE ADVERTISING 770 S. POST OAK LANE STE 101 HOUSTON, TX 77065 Account Number 6047978 I Date Date Category Description Ad Size Total Cost 11103MI6 Propos-Sid. Bids -RFP The C4 of Mesa, AZ is requesting proposals from qualified anc 2 x 0 L 118.40 TkIftu kq0*q0dhm0W nh. mcg loPublisher of the *h*W6104419 MIRIE),10 Richmond Times -Dispatch This is to certify that the attached The City of Mesa, AZ is r was published by the Richmond Times -Dispatch, Inc. in the City of ... Richmond, State of Virginia, on the following dates: 9ft 01W 19k, kmW 3, IN N Im 1012812016 Ica he' k co plug I Wo �� Pam MR Rd, MFA 9 fill The First insertion being given ... 10/2812016 Newspaper reference: 0000419970 Sworn toe subscribed before me this (2LCJ No Public Supervisor State of Virginia City of Richmond KIMBSRLY 8 HAMISS N(YTAFIY PUBLIC Commonwealth of Virginia 35675B Page 268 of 1360 ti - N1 N, O 4030 N GEORGIA BLVD, SAN BERNARDINO, CA 92407 Telephone (909) 889-9666 1 Fax (909) 885-1253 ERLYNS PORTILLO LOVE ADVERTISING CIO NIPA 770 S. POST OAK LN. #101 HOUSTON, TX - 77056 (2015.5 C.C.P.) State of California } County of SAN BERNARDINO } ss Notice Type: RFP - REQUEST FOR PROPOSALS Ad Description: RFP No. 2017025 am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 0612711952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 10/28/2016 Executed on: 10/28/2016 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature 11111 111� 111 1E1 IE� 11111111111 11�11 1111111 mThis space for filing stamp only SB #: 2940624 The City of Mesa, AZ is requesting proposals from qualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offeror must complete and submit a proposal to The City of Mesa, AZ in accordance with the solicitation documentation available of www.nationalipa.org aaz.gov/business/purchasi ortunities/open- is/-sortn-R F PN umber/ - PRE -PROPOSAL CONFERENCE.- Tuesday, ONFERENCE:Tuesday, November 15, 2016 8:00 am local time, Mesa City Plaza, 20 E Main St, Room #450 North, Mesa, AZ 85201 PROPOSAL DUE DATE: December 14, .2016 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, iess.romney@mesauz.gov. 10/28/16 SBS -2940624# Page 269 of 1360 STATE OF WASHINGTON — KING COUNTY --ss. 342837 No. LOVE ADVERTISING PublicationAffidavit of The undersigned, on oath states that he is an authorized representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce was on the le day of June, 1941, approved as a legal newspaper by the Superior Court of King County. The notice in the exact form annexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during the below stated period. The annexed notice, a BCSB:GROUNDS MAINT EQUIP was published on 10/28/16 The amount of the fekgha-� rged for the foregoing publication is the sum `tea ti . paid in full. R /2016 09'`J� ft 6 ti eFzz _ Notary public for the State of Washington, residing in Seattle Affidavit of Publication which amount has been before me Page 270 of 1360 State of Washington, King County City of Mesa Grounds Maintenance Equipment Proposals Due: Dec. 14 The City of Mesa, AZ is requesting proposals from qual- ified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offeror must complete and submit a pro- posal to The City of Mesa, AZ in accordance with the solicitation documentation available at www. nationahpa.org and http://mesaaz. gov/busiuess/purchasing/bid- opportunitieslopen-solicitationst- sortn-RFPNumbert-sortd-desc PRE -PROPOSAL CONFERENCE: Tuesday, November 15, 2018 8:00 am local time, Mesa City Plaza, 20 E Main St, Room #450 North, Mesa, AZ 85201 PROPOSAL DUE DATE: December 14, 2018 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, jess.rom- neyCmesaaz.gov. Date of publication in the Seattle Daily Journal of Commerce, October 28, 2016. 10/28(342837) Page 271 of 1360 CAPITAL CITY PRESS Publisher of THE ADVOCATE PROOF OF PUBLICATION The hereto attached notice was published in THE ADVOCATE, a dally newspaper of general circulation published In Baton Rouge, Louisiana, and the Official .Journal of the State of Louisiana, City of Baton Rouge, and Parish of East Baton Rouge or published daily in THE NEW ORLEANS ADVOCATE, in New Orleans Louisiana, or published daily in THE ACADiANA ADVOCATE in Lafayette, Louisiana, in the following issues: 10129/2016 Shelley Calloni, Public Notices Representative Sworn and subscribed before me by the person whose signature appears above 10129/2016 M. Monic McChristian, Notary Public ID# 88293 State of Louisiana My Commission Expires: Indefinite LOVE ADVERTISING 123151-01 ERLYNS PORTILLO 770 S POST OAK LANE SUITE 101 HOUSTON, TX 77056 A! KPMJC NOMCE PR*4n1OPOSAL CONFER- ENCE& Tuesday; Npverntax L% 2016 8-,00 am focal time. M-4 City Plaza, 20'E Main St, Room 000 North, Me sa; AZ &5201 PROPOSAL DUE DAM December 14, 2016 3!00 pm local'; time: CONTACT: Jess Romney: Procurement- o fl- cer, ees+vm _� 17.3151-oct29-zt Page 272 of 1360 Certificate of the Publisher The Herald -News Description:NIPA GROUNDS MAINTENANCE 1237613 LOVE ADVERTISING, INC. STE 101 770 S POST OAK LANE HOUSTON TX 77056 Shaw Media certifies that it is the publisher of The Herald -News. The Herald -News is a secular newspaper, has been continuously published daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Joliet, County of Will, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 ILCS 515. A notice, a true copy of which is attached, was published I time(s) in The Herald -News, namely one time per week for one successive week(s). Publication of the notice was made in the newspaper, dated and published on 10/28,'2016 This notice was also placed on a statewide public notice website as required by 5 ILCS 512.1. In witness, Shaw Media has signed this certificate by J. Tom Shaw, its publisher, at Joliet, Illinois, on 28th day of October, A.D. 2016 Shaw Media By: 1. Tom Shaw, Publisher Account Number 10103955 Amount $74.15 PUBLIC NOTICE Tho Ch a Mem, A2 is rereqquesting rpasah ham quotlded and �. Nrenaed ` Ferns is amwde Smunds Marnianaoe Equip;n&e Pads. Aacessor[K Sripphes, Related Servta% and Egrdpmerd (RFP No 2017025)- In order to be eanSidered; the Ojkai: mud M;18 and suomll a pmpmal to The dry of Mm, AZ in acmrdanee AM the roilmdo U doclimmbffidn amdable at ur�rw:nalrorghpo.ora and ht Jlmesaaz. ovArosfneesas f` urchasin Ihiu Wed m�een-SolfcHolians.rin- RF�PNumb---S17dd.dew PRE-PROPOSALGONFERENCIL Tuesday, NOmdm' 15, 2016 8:00 am fnooir time, Mesa L' Plaza, 20 E Moil 55 Room Og50 ROM, Mesa, AZ 85201 PROPOSAL DUE DATE, Aemrn6a' 14; 2016 3:0o pm: Ioan, hme CONTAor Jess Rarnnq, Pmauremw officer, le�.romn esaaz. . (Pubd8d In ft Haynld-New: on 0dbber 28, 2016,1237613 Page 273 of 1360 THE STATE MEDIA CO., INC. Columbia, South Carolina publisher of De's ate STATE OF SOUTH CAROLINA COUNTY OF RICHLAND Personally appeared before me, Allison Branham, Sales Operations Supervisor of THE STATE, and makes oath that the advertisement, Request for Proposals The City of Mesa, AZ is requesting proposals from qualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offeror must complete and submit a proposal to The City of Mesa, AZ 0002751040 was inserted in THE STATE, a daily newspaper of general circulation published in the City of Columbia, State and County aforesaid, lin the issue(s) of i October 28, 2016 n Allison Branham, Sales Operations Supervisor Subscribed and sworn to before me, Karen L. Book, on this day, October 28, 2016 My commission expires Requ6st for proposals The Oit1+ Mesa; AZ is requesting P lrcm qualified and expel- anced ,rums_ to provide Grounds Maintona roe Equipment, Parks, Ac - I cessoiles, Supplies, Related Serv- les and Equipriiant (RFP No 201T025), In order to be cc qid> ared,' gii" i]ttetor mus' complete aril submu a proposal io 7tte Orty of Mesa; Z m aoocrdaix a Wigi Hie PRE -PROPOSAL GOERENCE, TuesdayNwembei 1 2018 800 em local lime, Mase c Plaza, 20 E Mdn 's1, Room #A North, Me- ea, AZ 85201 PROPO-SAL DUE ®ATE' ' i` December 14, 20i6 8700 pm local " lime OONTAdt, Jess Romney, Pro. of ry f l I IC ourement Other. lass ,amney@me seaz.g= 2761040 September 7, 2026. "Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion. " r...: Page 274 of 1360 In Print. Online. Att the Time. Albany News Plaza Box 15000 Albany, LOVE ADVERTISING Account600104849 0 S. POST OAK Order Numbe0003908700 UNION,HOUSTON, TX 77056 Order Identifier: The City of Mesa, AZ is T Dollard / B Goodwin / S Rawling. / R Bernard of the city of Albany, being duly swom, says th he/she is principal Clerk of THE TIMES +rprinted Albany, b o of Colonie,Published in the County of Albany,oof oo +, and the city of Albany, aforesaid and that notice of which a printed copy is annexed has been regulary published in M said ALBANY TIMES on following dates 10-29-2016 ju,&. I „ ULEMENTS CRY PUBUC, Sho of Now York " m1llfs d finftftgat Go" A CL6319970 . . 0 Page 275 of 1360 The City of Mesa, AZ is requesting proposals from qualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offerof must complete and submit a proposal to The City of Mesa, AZ in ac- cordance with the solicitaiion documentation available at w w w. n a t i o n a I i o a_._o�p_ and httpllmesau.goy/businesslpurchasina/bid-0000rtunitieslooen- solicitationsl-sonn-RFPNumberl-sortd-desc PRE -PROPOSAL CONFERENCE: Tuesday, November 15, 2016 8:00 am local time, Mesa City Plaza, 201= Main St, Room #450 North, Mesa, AZ 85201 PROPOSAL DUE DATE: December 14, 2016 3:00 pm local time CONTACT- Jess Rom- ney, Procurement Officer, less.romnev®mesaazgpy TU 11 (908700) Page 276 of 1360 russell johnis MCA, December 19, 2016 To Whom It May Concern: I am a duly authorized representative of MCA Russell Johns Associates, company handling the advertising matters for USA TODAY, a daily newspaper distributed within the United States, One TCPNINIPA ad was published in said newspaper under the Public Notice heading of USA TODAY national edition on the following date: October 31, 2016 Pd6ette Hatch Senior Professional Services Manager State of Florida County of Pinellas J.'_ On this JK day q-17fv w I attest that the attached document is a true, exact, complete, and unaltered tearsheet. cow, Nam S 01 1 MCA Russell Johns Associates 5020 West Linebaugh Avenue, Suite 210, Tampa, FL 33624 Page 277 of 1360 USA TODAY MONDAY, OCTOBER 31,2016 PEOPLE Kathy Griffin ked the deer Snapchat filter. Designer More Jacobs d Charly DeFrancesco r ally bulked up forthe party at the Waldorf Astoria. 1 14ATNYOR1PPIN2' 1 elebs go all out for Bette Midler's IT Hulaween bash y :SNAP10bk&h71" IpPH —Y., Carly Mallenbaum oteat<m¢saao can maces Th'tTMjD`Dy iisAT111— A virgin must have lit the black mca flae ndle, because Winifred Sanderson was out on the town Friday night. Bette Midler brought her be- lovedwitch from 1993's Hocus "o, back from the dead again to celebrate at the Waldorf Astoria. And, wow, the centuries-old char- acter looks good 23 years later. It was all for Hulaween, a bash thrown by Miller's Restoration MARKETPLACE TODAY For odverusing Information_ 18003970070 vAww.YusselgOhr, com /usat NOTICES TheCity of Mesa, AZ is requesting proposals m froqualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025) In order to be considered, the Offeror must complete and submit a proposal to The Ccy of Mesa, AZ in accordance with the solicitation documentatioavailable at www.nationalipaurg and http://mesaaz.gov/business/purchasing/ bid-oppo rtu pities/open-solicitations/-sortn- RF PNu tuber/-sortd-desc PROPOSAL DUE DATE: December 14, 2016 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, less .romney@ mesaaz.gov. ADVERTISEUSA TODAY Marketplace HERE Call Us! 800.397.0070' PUZZLES CROSSWORD TRICK OR TREAT! ACROSS 1Anjou relative 5 virtuoso 9 Like onewho errs, sotheysay 14 to or gypsy 15 RE edom from stress 16 Empty-headed 17 "Notsofast,Ms. DeGeneres 19 Mottled horse 20 Cafeteria mishap 21 Brainy sort 23 Take a chance on 25 Vietnamese New Year 26 Doge catcher 29 Legis aton requiring aring the wearing of flat shoes? 35 maheerforthe ador 36 Many an Olympic Ennast EMPLOYMENT CONNECTIONS Project, the non-profit that works to beautify New Yorks urban Landscape. Midler seemed to enjoy rock- ing the red hair and broom, and other guests at the party got into the Halloween spirit, too. Kathy Griffin's Snapehat ensemble was solid, and Marc Jacobs and Char- ly DeFrancescowere unrecogniz- able as bodybuilders. Midler isn't the first one to re- prise a ie look for charity: Rookie of the Pear star Thomas Ian Nicholas wore his Henry Rowengartner uniform to Seth Roger's Hilarity for Charity show. BUSINESS OPPORTUNITIES OWN YOUR 'OWN $$ 1.877.500.7603 $$ WWW.DR559.COM 38 Source of 71 "The Elder" of 27 LastOldsmobile 57 Disney's boy theatrical fog Rome ever made detective 39 Signover, as land 72 Work over 2827 -Down body 58 Bollywood 41 Borg, Lind or 73 Optimistic, as an style, perhaps garment Nobel outlook 30 Youngest Oscar 59"The Good Earth" 43 Austen novel that inspired"Clueless" DOWN winner in history 31 Chemical in heroine bO Icicle site, perhaps 44 Ark's landfall 1 Audi competitor Drano 62 First female U.S. 46 Gives a boost to2 Circusgoers' 32 In --- (unresolved) attorney general 48 Rosea one's mom, sounds 33 High points 63 Hankerings on Roseanne" 3Metromap 34 Create, as bb Little shaver 49 Deserter from a point carpet 67 Dissenting vote pod? 51 in favor..." 4 Presiding officials 5 Water sources 37 OItl Testament queen Friday Answer 53 Swampy area b Prince of 40 Bartl s T. 54 Baseball Broadway "before" 9 executive Epste n 7 Words from a 42 Lose on 56 Coal or o e.g. therapist purpose? 61 Way n 64 Like the 8 High pont 9 Trendy urbanite 45 In a dreadful manner y Lilliputians 10 Tesla ornewton 47 Word before 65 Irick-or-treattime 11 Equine feature pad or pool (and an anagram 12 Start to freeze? 50 Lester Holt or of 17-, 29-antl 13 Marquee gas Scott Pelley 49 -Across) 68 How some 18 "Silas Marner" novelist 52 Armed conflict e videos ga 22 Not optional 55 Conversation n a s 69 Racetrack shape 24 Had down cold starter krae 70 TOlstoys Karenna 26 Express alternatve 56lnvtat on letters CROSSWORDS pllllIl„�r,,.rgOF, NN ,�Nt sav ers colli voo vll avoo, vvicen�sa minute, or,witna creditcard, 1100 ago 1210. mMbilegames.uwroday.rom EMEEMM IIS IG ®MEMO ■ MIA EMEMEN ®■■:■�■: J IN MEER I 5D Sanderson for her Hulaween celebration. To view more Classified listings, visit: www.USATODAYClassifieds.com NOTICES Web Design �IAIkI�ut NEKITA MOORE FDR -Eppy -ed Medk ti m • U.S. UI Pxarmades SAFE SEGAA[ 015GAEE1 II I 800 551 0352 VIAMEDIC.COM ” �4n11,. Sizxrcill�urq ur wvque gfoxx>t cera naaonal T_ _Drug kDrDAY, &rA- S P to wwlitte�llc(wcoemr DISCOUNTER no: Sex: Femele 11131- LlissieS: Jun 27, 2016 Nair: tiled Ag,N,.:16 Eye Ea— From: upper usIDDO, Mo Report puzzle problems to us at feedback@usatoday.com or 1-800-872-7073 WORDROUNDUP L A N D O V K T em t. "deeffn"urek T AMP A EA Z ions �Al 9 OVER K H Z S P U V A V A E S 4 R N E S T E N L J U F S „, re-;iea�rFe COfK4O9---- oo a l T P X Z S L T L J L E Tmeyee,e,.e,:unPSE uoPrensrrocr usr7mnNlTosn � H S M I AMB R K E R souy IDon zrn ourarusenvracrasa coPura7aEE 0 S H H L I Z Al R D Y W D UP&DOWN WORDS BI . rlo;rto"d SAL. Hoyt ions 1 GOLF 2. 5. IN TopfollhT.I11.1— GO GET P.1h., GET DEAD NG MOVING TARGET TARTGET DOE DANCING Mused DANCING WITH PLAY ONLINE W+L"0'TB.pA".M.MTl;gB,h/kV;u;;y,MA Mu"r,eaal udl�k 1 8 5 9 4 2 4 7 8 7 1 2 3 4 8 7 5 1 2 9 5 6 8 2 3 7 5 6 2 3 6 1 2 3 9 8 7 4 5 6 9 NAI 'rr S MI -11110 -*It SODOKU FUSIONm"f l::ruR NNokNF mobilegames.usatodaycom Mu" —i ud,,k Page 278 of 1360 N TION LIPA ImIlle-204--1 TC PN The Cooperativo Purchasing Notwork Enhanced Portfolio I Unified Focus I Continued Trust AWARD AND EV,Ltd A."riON CRI"rERIA. FROM ORIGINAL SOLIci,rA,riON Page 279 of 1360 INSTRUCTIONS a. Exert any effort to influence any City official, employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in a contract or to invoice for materials or services not provided. c. Intentionally offer or provide sub -standard materials or services or to intentionally not comply with any term, condition, specification or other requirement of a City contract. 22. GIFTS: The City will accept no gifts, gratuities or advertising products from Respondents or prospective Respondents and affiliates. The City may request product samples from Respondents solely for the purpose of product evaluation. 23. EVALUATION PROCESS: Responses will be reviewed by a screening committee comprised of City employees and/or any agents authorized by the City to participate in the evaluation. City staff may initiate discussions with Respondents for clarification purposes; however, a request for clarification is not an opportunity for a Respondent to change the Response. A request for clarification from a Respondent does not guarantee clarification will be requested from any other Respondents. Respondents shall not initiate discussions with any City employee, agent or official as set forth in the Lobbying section of these instructions including, but not limited to, members of the evaluation committee. 24. PRESENTATIONS/INTERVIEWS: A Respondent must provide a formal presentation/interview upon request of the City. 25. SHORT -LISTING: The City, at its sole discretion, may create a short-list of the highest scored Responses based on a preliminary evaluation of the Responses against the evaluation criteria. Only those short-listed Respondents will be invited to give presentations/interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. 26. BEST AND FINAL OFFERS: The City may request Best and Final Offers if the City deems necessary and the City will determine the scope and subject of any Best and Final request. Respondents should not expect the City will always ask for Best and Final Offers. Therefore, all Respondents must submit their best offer based on the specifications, terms and conditions in the Solicitation. 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm's Proposed Solution 40 Firm's Qualifications & Experience 30 Firm's Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost Proposal Cost being evaluated X Price Points Possible = Pricing Score b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City's sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and 2017025 Page 11 of 41 Page 280 of 1360 N TION LIPA Irr-111-204--1 TC PN The Cooperativo Purchasing Notwork Enhanced Portfolio I Unified Focus I Continued Trust BIDOPENING AND LA'rE SUBMISSION POLICY FROM SOLIcrrA.1'riON Page 281 of 1360 INSTRUCTIONS of an addendum may result in disqualification of a Response. 7. RESPONSE OPENING: The City will open all Responses properly and timely submitted, and will record the names and other information specified by law and rule. No responsibility will attach to the City of Mesa, its employees or agents for premature opening of a Response that is not properly addressed and identified. All Responses become the property of the City and will not be returned except in the case of a late submission. Results, as read at the public opening, will be posted on the City website. Responses will be available to the public in accordance with the City Procurement Rules. 8. LATE RESPONSES: The Respondent assumes responsibility for having the Response delivered on time at the place specified. All Responses received after the Response Due date and time shall not be considered and will be returned unopened to the Respondent. The Respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Mesa, or any private courier, regardless whether sent by mail or by means of personal delivery. Respondents must allow adequate time to accommodate all registration and security screenings at the delivery site; a valid photo I.D. may be required. It shall not be sufficient to show that Respondent mailed or commenced delivery before the due date and time as the Response must be received by the City prior to the specified date/time. All times are Mesa, Arizona local times. Respondents agree to accept the time stamp in the City Purchasing Office as the official time. 9. RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days unless the time is extended or amended as agreed upon Respondent and the City. Examples of where an extension or amendment may be necessary include, but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period. 10. LOBBYING PROHIBITION: Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which ends the Solicitation process. This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting. This prohibition shall not apply to Respondent -initiated communication with the contact(s) identified in the Solicitation or City -initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. Violations of this provision shall be reported to the Purchasing Administrator. Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation. 11. LAWFUL PRESENCE IN THE UNITED STATES: Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section 1621) must demonstrate they are lawfully present in the United States. Person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form. Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the "Required Response Forms" section of this Solicitation. Respondents that fail to provide a completed affidavit and provided the necessary documentation may be deemed non-responsive. 2017025 Page 8 of 41 Page 282 of 1360 NATIONALIPA ImIl e-204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust "t"t E OF t "rE "r I'm AWARD Page 283 of 1360 Notice of Intent to Award Contract under a National Cooperative Purchasing Agreement -Sample intends to participate in the City of Mesa, AZ("City of Mesa") contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment, Contract # 2017025 to purchase Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment through National Intergovernmental Purchasing Alliance ("National IPA"). Information regarding the contract may be found on the National IPA website at: www.natio al' anticipates joining the National IPA/TCPN contract on The City of Mesa contract term is April 1, 2017 to March 31, 2022 with two (2) additional annual renewal if mutually agreed by City of Mesa and The Toro Company. It is the intent of to make a contract award to The Toro Company pursuant to the proposal submitted in response to the City of Mesa RFP. is permitted to join national cooperative purchasing agreements under the authority of N.J.S.A. 52:34-6.2(b)(3). Comment period ends Page 284 of 1360 NATIONALIPA M-111-204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust DISCLOSURE OF t E"rME"r AAC"rivi"rIES IN IRAN Page 285 of 1360 STATE OF NEW JERSEY -- Ili IO OF PURCHASE AND PROPERTY DISCLOSURE OF INVESTMENTACTMTIES IN IRAN . ....... ... The Toro Company Quote 14umber: Co�ntract # 2017025 Bidden/ ren: - PAFf,T,I,,,,,,,C ERTIFICATION BIDDERS WMJILtl',rr- PART I BY CHECKING EITHER BOX. FAII-LiRETO CHEC,K [)NE,DF 1`14E B001(ES WILL RENDER THE fIROPOISAL. NOWRESPONSIVE, Pursuant to Public Law 2012, c, 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract rnustt:;Yomrqete the ce[fificafion bekm to attr sl, under r.x,,.,nalty of per�Liry, that neither thy: person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran, The Chapter 25 list Gs found on the Division's website at hftp1ANWw, staten tkP- . . Lf pit'. Bidders C a te(a� is naust rc-view this list pdar to comphiting die below ceilificatvi, Failure to coniplete the certification vAll render a bidder's proposal nion-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or nontmct, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seekinig debwme.� it or suspension of the party I cerfify, Pursuant to Public Law 2012, c. 25, that neither 'the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is rj5ted on the N J, Department of the 1'reasury"s list of entities determined to be engaged; in prohibited aOlvities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 LIM'), I further certify that I am the person listed above, or I am an officer or repiresentativie, of the entity fisted above and am authonzed to make this cerbrication on its behalf, I vAll skip Part 2 and sign and complete the Certification below. I wn unable to cerdly as, above because the bidder and/or orte or moreof its parents, subsidiaries, or affiliates is, listed on F] the Department's Chapwr 25 fist, I will providea detailed, accurate and precise description of the activities in Part 2 below and sign and coinpliete the Cerflfication below, Rabjmrtf--W.p1g0lk-,"wrt. Will n -. A iij, pl.-Lm��nrjrendmeda5-_non- s),n�y-g ,,,and appropriate penalties, fines andior sanctions will be assessed as provided by hrw. PLEASE PROVIDIlw FUR11111-IR INFORMA,nON RELATEDTf.) INVESTMEN'r )V,','�TIVITIES IN IRAN You must provide a detailed, accurate and precise description of the activities of the bidding personJentfty, or one of its parents, subsidiaries or affiliates, engaging In the Investment activities in Iran outlined above by completing the boxes Wow. EACH BOX WILL PROMPT YOUTO PROVIDE INFORMA r 110N RELATIVE TO VIE ABOVE QUESTIONS. PLEASE PROVIDE THOROU�GH ANSWERSTO EACH QUESTION. IF YOU NEEDTO MAKE ADDITIONAL ENTRIES, CLICK THE "ADD AN ADDITIONAL ACTIVIT L IES ENTRY" BUTTON. Fame Description of Activities Duration of Engagement BiddeNOfferor Contact Name ADIDAN ADDI,riONAL ACTIVI I] EEN I Hy relationship to BidderlOfferor Anticipated Cessation Date Contact Phone Number ing duly sworn upion my oaPh, her by repmzent and state that Wormahon and any affackurents thereto to the best of my knrmlecigp are true and. cwllpfeteI attest tinct I am w"Aharized to execute fffls cv,stificafion on behalf of tbt- above-reforcinced pemon or ontltI, I acknomdejgo that the state Of New Jemmy is u4yinq rnl bv,,r inftrination corytahied here in and the"eiry ackna�vokdgv that I am under a cirmfinWnfi obfigation hum tho dat" ot lhis oeoffication thm"j9h the coonp4l)tion of any contracts With bre State to nouty tfia 13'tatp in %vftnq cO any cNmqt�s to tho answers of information contained herein. I acknowledge that I am aware that A is a cdminal offense tis make a fWse statement or vvsrepreswftafion 41 tms and It I do so, I recognize that I ain subject to criminal prosecubon mWer lhf,� ktw anti that it wM alw) constfttiU, as rn.alerial breach of n.qy aqeemmAis) with the State of New,JOmay and that the State at its nP11011 may declare a rontyarffs) ria -suiting from this cartiflcation void and unenforceable. Fu1 Nanu,,! (Print): Peter Whitacre Title: Regional Business Manager Fornr6 Packet 11/2013 Date: 07/26/2017 Page 286 of 1360 NATIONALIPA M-111.204--1 TC PN The Coupmrativo Purchasing Notworlk Enhanced Portfolio I Unified Focus I Continued Trust NEW JERSEY LFN 2012-4.0 PACKE"r C1 IECKLIST X Contract Documents Screenshot X Page from original solicitation that indicates Lead Agency and issuance of solicitation on behalf of themselves and National IPA and/or TCPN members nationally X New Jersey Business Registration Certificate for the contractor and any subcontractors X Statement of Corporate Ownership X Public Contract EEO Compliance X Non -Collusion Affidavit X Solicitation Posting Documents X Award and evaluation criteria from solicitation X Notice of Intent to Award ---Sample X Disclosure of Investment Activities in Iran Page 287 of 1360 City of Mesa, AZ Contract 2017025 for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment with The Toro Company Effective: April 1, 2017 Page 288 of 1360 The following documents comprise the executed contract between The City of Mesa, AZ and the Toro Company, effective April 1, 2017: I. Signed Contract II. Council Approval III. Negotiations IV. Supplier Response V. RFP Amendments VI. Original RFP Page 289 of 1360 f��4ra mesa-az Nliz AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA CONTRACT NUMBER 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT CITY OF MESA, Arizona (" Department Name Mailina Address Delivery Address Attention City of Mesa — Purchasing Division P.O. Box 1466 Mesa, AZ 85211-1466 20 East Main St, Suite 400 Mesa, AZ 85201 Jess Romney, CPPB Procurement Officer E -Mail Jesse Rom neygMesaAZ Telephone (480) 644-5798 Facsimile (480) 644-2655 Telephone AND THE TORO COMPANY, ("Contractor") Mailing Address 8111 Lyndale Ave South Bloominaton. MN 55420 Delivery Address Attention Peter Whitacre Regional Business E -Mail PetereWhitacr� Telephone (952) 887-7936 Facsimile er Page 1 of 272 Page 290 of 1360 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This agreement pursuant to solicitation ("Agreement") is entered into this day of March, 2017, by and between the City of Mesa, Arizona, an Arizona municipal corporation ("Cit '), and The Toro Company, a(n) Delaware corporation ("Contractor"). The City and Contractor are each a "PartV' to the Agreement or together are "Parties" to the Agreement. RECITALS A. The City issued solicitation number 2017025 ("Solicitation") for GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT, to which Contractor provided a response ("Response"); and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS Term. This Agreement is for a term beginning on April 1, 2017 and ending on March 31, 2022. The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 5.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 5.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 5.3 Delivery. City acknowledges that delivery will be made by contractor's dealers and/or distributors, which are independent businesses. Deliveries shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an order. 2. Scope of Work. Except as otherwise specified in this Agreement, the Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as -needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement Page 2 of 272 Page 291 of 1360 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms & Conditions 2. Scope of Work 3. Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. Notwithstanding any of the other provisions in this Agreement, City acknowledges that products and services subject to this agreement, are provided by Contractor's dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for its dealers and/or distributors. Contractor agrees to make the terms of this agreement known to applicable dealers and/or distributors and to use reasonable efforts to incept to provide goods and services to City or Participating Agency subject to the terms of this agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 5.3 Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered, pricing of each unit, and freight charges (as applicable); i. Applicable Taxes i. Total amount due. Page 3 of 272 Page 292 of 1360 5.4 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement. Otherwise; payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. 5.5 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 6.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the term of the Agreement. 6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. Page 4 of 272 Page 293 of 1360 6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non -owned autos. 7. Requirements Contract. The Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase prior to the time any product within the purchase order has been shipped; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled the City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. 9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that: a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions. 11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will Page 5 of 272 Page 294 of 1360 constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. Exhibits to this Agreement are the following: • (A) Scope of Work • (B) Pricing / (B-1) MSRP/Discount Lists • (C) Mesa Standard Terms and Conditions • (D) National IPA Documents 13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. Page 6 of 272 Page 295 of 1360 By execufing below, each Paily acknoMedges that it understands, approves, andaccepts all of the term of the Agreement and the attached exhibits N WTNESS WHEREOF, the parbes have exmfted thiis Agreernent as of the date first above written. CITY OF �MESA, ARQ0NA Diga ally uqned by f dwarcd oras rdarr pyryq�� ¢�f'dI ri�lyde rid rlyir 'Ac^ir �, d'aQr k ft> , r"It1;1d.:. P"CI ldVl4'4b4+47;. les' 1 �pp��y�,q k'I�µFr�'ie Ntl die^ um Jess Romney, CPPB l-:rrouirement Officer THETORO COMPANY i f lVdl k� . �I b � de �a,^.gym ............ ...... . r^ �� .�..........w.. .,.... ........, ....... rtlnted Name Title _.,,.. Page I of V; Page 296 of 1360 EXHIBIT A SCOPE OF WORK INTENT: It is the intent of the City of Mesa to enter into a contract with a supplier(s) for the purchase of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. Qualified suppliers must have the capability to provide these products in all respects, in accordance with the Contract documents and to the satisfaction of the City. 2. NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Exhibit D, has partnered with the National Intergovernmental Purchasing Alliance Company ("National IPA) to make the resultant contract (also known as the "Master Agreement" in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Exhibit D contains additional information on National IPA and the cooperative purchasing agreement. National IPA is a channel partner with Vizient (formally, Novation). Together we leverage over $100 billion in annual spend to command the best prices on products and services. With corporate pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a Nationwide Supplier and respond to the National IPA documents (Exhibit D). The City of Mesa anticipates spending approximately $550,000.00 over the term of the contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment purchased under the Master Agreement through National IPA is approximately $35 million. This projection is based on the current annual volume through the City of Mesa, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA. 3. GENERAL REQUIREMENTS: A. QUALIFIED FIRMS: Contractor should meet the minimum qualifications; 1. Be an authorized distributor or manufacturer. 2. Have a strong national presence in the grounds maintenance equipment industry. 3. Have a distribution model capable of delivering products nationwide. 4. Have a demonstrated sales presence. 5. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. Page 8 of 272 Page 297 of 1360 6. Be able to provide the full range of equipment and services to meet the demands of the City and all agencies that opt to participate in the cooperative purchasing program with the City. B. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this Contract is dependent upon an extensive manufacturer -to -customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. 1. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. Toro has 22 commercial distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor (LCE), irrigation and Siteworks System (SWS), and BOSS snow products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ, North Las Vegas, NV, and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of ourdistributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. 2. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. 3. Provide the number, size and location of your firm's manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. All of Toro's Commercial products are manufactured in Tomah, WI and shipped from our warehouse in Tomah to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro Commercial channel has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. 4. Identify the supplier(s) and their business location(s) that will service the City of Mesa's account. Typically equipment is setup and delivered to customer's designated delivery location 2 — 30 business days after receipt of the purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer's PO are honored. If for some reason a deadline cannot be met, the salesperson will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (See copy attached). The customer retains a copy along with a binder including operator and parts manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesperson. 5. Describe your dealer network and their role in providing products, services, etc. under the contract. Simpson Norton Corporation has been a distributor for Toro equipment in Arizona since 1957. Their business is located in Goodyear, Arizona. There are four in -field technicians Page 9 of 272 Page 298 of 1360 that cover the Phoenix metro area, including the City of Mesa. There is a complete service shop with four bays located at the corporate office in Goodyear. Shelly Spencer — Sports Fields and Grounds Manager for Simpson Norton Corporation. Shelly will be the main contact person for the City of Mesa. Shelly is responsible for all contracts offered by the Simpson Norton Corporation. She processes all orders and purchase orders. Fred Balzarini-Territory Manager is the salesman for the City of Mesa. Fred will pro vide the City of Mesa with equipment recommendations, quotes and training on new equipment. In -Field service technicians will be dispatched as needed for any service/warranty needs C. WARRANTY: Contractor shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. 1. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. Toro's standard Commercial Products Warranty states that "Your Toro Commercial product will be free from defects in materials or workmanship for two years or 1500 operational hours, whichever occurs first. Where a warrantable condition exists, we will repair the Product at no cost to you including diagnosis, labor, parts and transportation. "Our standard Commercial Parts Warranty states 'your Toro Commercial Part to be free from defects in material or workmanship for ninety days, 1 year for complete engines. " You can also purchase additional protection for your products through Toro Protection Plus (TPP). These are optional programs designed to provide you with budget protection and security after the initial 2 year warranty period. You can elect the Drive Train Protection or the Comprehensive Protection., Drive Train Protection: This program covers the engine, transmission/transaxle including; hydrostatic pumps, valves and motors; drive axles/drive assemblies including; all parts contained in the drive axle, PTO housing, 4 -wheel drive assemblies, hydraulic drive pumps, valves, steel lines and motors within the frame. Comprehensive Protection: This program covers all operational parts and assemblies for your mower, vehicle or other machinery against mechanical breakdown. The items not covered are; normal maintenance items, tune-ups, tires, batteries, blades, belts and hoses. Used Equipment Qualified used equipment can be covered with Toro Protection Plus Pre -owned. See Warranty documents as follows: Page 10 of 272 Page 299 of 1360 Tom Glefalewal rCiommmimW Niodluct'WaIrranty 2 A, Imov,'Om LOAM '1111`0lsrvr�� CandiffienS aiind 4WI WdIm° ICtNtrOd .' Ilh"� 1/41, III=& A& III, l Aft", low III ''mm 7mz C'mvyilpw"� M4 ft DAte, 41:111no lftmmmm""IDopmAlmny, pum"IN)"O' 'O"pt"jormov, "pn'fm*"n ghrmq "l vuldl, TAIV, rpNipewvyj 'Am W, Ovilat, t'm' "pWam"')m Im mumloymmOs ""m mmrwl "WwW,m mV X10 011j", lotyeam, ma''15(;Yj Nv"w'jffvff)*0 I N't"L 111off" umm"'Imp,tv uni-apo'llmlift I= mri, pmd',11m wth I% mllmvow�" d''Anarlma (meft, 'Im, Impme'r wm"'�vm* W'Idvwm'� YAP"e"t )m mW mmJtl,�PWlmmN .".Wldjjjfk'#d1m,"SU, l 'W4 "'rworm be PfvI avro, 'j"to llf'('r 'e"'w lVlm"fq1'i'*'Yyq Wjzuy grills, IWAAT Uftmpmp*mll fte" "holt 'mhelmrtp Amm, im, pvtxkirm d mmmomlm'v 6m ifte * W'lW' rem� p wimcmi'm il owley. Ilarlsormtons, FW 106twonmIR"Walranty sermne, Vm' "Im paxcambft I'm u�m'*Oymmg ThAl, C,vvmza�nmTrz mHR)mVftctio, IftamNllmlifOm Irm A,,0crm7/,m,,O Ov'ra"qu lrp'm Iwwonam yvpir, pfmv, pwu o *10 F"'u'U"Jag,m) UYmfcs'm fou OF'O"VIOX a fteAFWfftmW' im"ONAM/ar" Iruaimvkv 0-payon'"TO JN W's ��h 0 4; D. MAINTENANCE FACILITIES: The equipment specified in this contract is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or its dealers and/or distributors, is/are required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor or its dealers and/or distributors will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall encourage its dealers and/or distributors to be capable of providing parts within twenty-four (24) hours and shall be capable of being on site to respond to service requests within twenty-four (24) hours unless otherwise communicated and accepted by City or Participating Agency. F. CATALOGS: Within ten (10) days after contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a using agency, Contractor shall provide, at no cost, these catalogs and price lists. G. MODIFICATIONS OF TERMS: Participating Agencies commonly require a modification to a term of the Contract (e.g. governing law). The awarded Supplier and Participating Agencies may agree to modify terms on any specific purchase by a Participating Agency without being in conflict with the Contract 4. PRODUCT REQUIREMENTS: A. PRODUCTS: The Products to be included in this contract are as follows: Toro offers a full line of mowing equipment from 21 "rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero turn mowers, four wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field and general grounds maintenance. See attached brochures. 1. SPORTS FIELDS AND GROUNDS EQUIPMENT: A complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. 2. GOLF COURSE MAINTENANCE EQUIPMENT: A complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. 3. RELATED EQUIPMENT PARTS: A complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. 4. USED EQUIPMENT: Provide access to quality used equipment. Page 12 of 272 Page 301 of 1360 Each of our distributors provide access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) 5. BALANCE OF LINE: Contractor may offer their balance of line for ground maintenance equipment items and accessories. The City reserves the right to accept or reject any or all balance of line items offered. We are also including our Golf Irrigation, Residential Commercial Irrigation, Landscape Contractor, Site Works Systems, and BOSS equipment lines with our proposal. B. CURRENT PRODUCTS: All products being offered in response to this contract and labeled as new shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this contract. C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification unless otherwise communicated and accepted by the City or Participating Agency. D. EQUIPMENT/RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the contractor to assure that all recall notices are sent directly to the agencies Contract Representative. E. EQUIPMENT STANDARDS AND GUIDELINES: All riding equipment must comply with appropriate ASAE (American Society of Agricultural Engineers — www.asae.org), SAE (Society of Automotive Engineers — www.sae.org) and OSHA (Occupational Safety and Health Administration — www.osha.org) standards for roll-over protection. All vehicles must comply with appropriate ANSI (American National Standards Institute — www.ansi.org) standards as related to operation on slopes. F. SAFETY STANDARDS: The Contractor shall certify that the equipment being offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Mesa reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items. G. SAMPLE EQUIPMENT SPECIFICATIONS (ATTACHMENT C): For each Item/Minimum Requirement, indicate "yes" or "no" under Comply. If you do not meet the Item/Minimum Requirement, indicate so in the "Exception" column and provide an explanation on why you don't meet the requirement. Any deviations from the minimum requirements must be clearly presented on the table or in an attached letter. The intent of the sample equipment specifications is to establish a baseline to compare equipment of similar commercial quality, function and purpose as well as provide a comparison of pricing offered. Equipment offered under this section will not be rejected for non-compliance with the specifications, but will be used to assist the evaluation committee in assessing comparable equipment offered for this contract. The sample equipment listed is representative of the possible equipment the City foresees replacing during the life of the contract. As such, submit pricing as requested on the Price Page. Submit with your offer the recommended preventative maintenance program (PMP) for each of the sample equipment specified below. Identify all parts/materials/supplies (provide part Page 13 of 272 Page 302 of 1360 numbers) necessary to complete the PMP as well as the unit pricing of each. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. 5. SERVICE REQUIREMENTS: The Contract will include, but are not limited to the following. A. FINANCING: Describe financing options available such as lease programs and conditional sales contracts. 1. Describe any government rebate programs that are offered. State and local governments may develop programs to incent their constituents to purchase alternative fuel products. Each agency would need to inquire with their state or local government agency to determine any current program. Toro will work with each agency to provide the required product for the rebate offered. B. TRADE-INS: Describe in detail the proposed trade-in program. C. SAFETY: All vendors performing services for the City or cooperative agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The supplier shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. D. TRAINING: The Contractor shall provide training for City of Mesa and other participating agency operators and service technicians at no cost to the City or agency. The Contractor will provide the following training for each equipment purchase: Vehicle/equipment operators will be trained in the operation of all machine functions, including operator preventive maintenance. • Technicians will be trained in all operator functions, and in-depth preventive maintenance, troubleshooting and repair for all machine systems and components. • The trainer shall be factory -trained and thoroughly knowledgeable in subjects to be taught. 2. Describe how equipment training will be conducted. The Toro Company offers in-depth factory training at a reasonable cost to the end user. This training takes place at Toro's headquarters in Bloomington, MN. The dates vary year by year. Simpson Norton's salesperson can discuss these offerings as they are made available by The Toro Company. Local training is offered by Simpson Norton and the educational content varies depending on the end user's needs. Group training is offered by Simpson Norton each year. Dates and cost of training vary from year to year. Simpson Norton offers training Monday -Friday during normal business hours (excludes holidays). Certificates of completion are issued to each attendee after completion of training classes. 3. Describe the training curriculum for the equipment operators. All new and used equipment delivered to the customer includes one-on-one or group training provided by the salesperson and service staff. Operator safety training for all product is offered in one or more of the following media: DVD, online video or paper manual, and provided with each new piece of equipment. 4. Describe the training curriculum for the service technicians. The Toro World Headquarters offers factory training, including a Turf Technician Course. Topics include the following: • Cutting Unit Technology: Cutting unit set-up and adjustments Page 14 of 272 Page 303 of 1360 • Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting and testing • Tier4 Engine Systems: Overview of why and how they work • Spray Systems: Components, operation and calibration • Preventive maintenance systems, myTurf, TLC, Parts, and Toro Information Systems • Open forum and a tour of Toro's development and testing labs 5. How will you accommodate various work shifts? Simpson Norton offers training Monday -Friday during normal business hours (excludes holidays). Additional arrangements can be accommodated upon request. 6. What type of documentation is provided with the proposed training? Operator manuals, repair manuals, etc. are provided with each new piece of equipment. Certificates of completion are issued to each attendee after completion of training classes. E. DELIVERY: For City of Mesa purchases, equipment shall be delivered to various City of Mesa locations. All deliveries shall be made Monday through Thursday from 8:00 a.m. to 1:00 p.m., Mountain Standard Time. The Contractor shall be required to give the City a minimum of twenty-four (24) hour notice prior to delivery with the anticipated time of delivery and quantity of units to be delivered. The following documents are due upon delivery to the City or participating agency: 1. M.S.O. (Manufacturer Statement of Origin) 2. Warranty document 3. Required manuals 4. Title F. REPAIR SERVICES: The ability to provide repair services through authorized manufacturer's facilities or other avenues. 1. Provide detailed information explaining your service capabilities. Toro utilizes our channel partners to provide service and support to our end user customers. For our Commercial division we have 22 distributors in the United States with many satellite offices to meet your needs. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. The Toro Company provides technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warrantee issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customers opinion of our service and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. 2. Provided detailed information explaining the service capabilities of your authorized dealers. Simpson Norton's service area covers the entire State of Arizona, New Mexico, Las Vegas, NV (Clark County) and parts of western Texas including El Paso and surrounding communities. Simpson Norton has a fleet of in -field repair trucks that will Page 15 of 272 Page 304 of 1360 perform repair services on equipment at job site for both warranty and non -warranty repairs. Our Goodyear facility staffs seven full-time service technicians and staffs two full-time service technicians in our Las Vegas facility. Simpson Norton has two full-time in -field techs that reside in New Mexico. All Toro's Commercial distributors nationally have similar capabilities and resources. 3. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty-four (24) hours. Our distributors may offer a variety of maintenance programs depending on the need of the customer. These range from Time and Materials type services, Preventive maintenance contracts, Full Service maintenance contracts that include preventive maintenance and repairs. These programs are priced based on the specific needs of the customer, equipment age and condition. The distributor can provide pricing for these programs on a local level. Our distributors try to accommodate customers with a loaner when equipment is down. 4. Describe your preventative maintenance program (PMP) for each of the sample equipment. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. Our experience shows that annual usage for the Southwest part of the United States is about 800 hours per year. Usage of equipment such as utility vehicles and bunker rakes is much less than that. We have included our preventive maintenance schedules and typical replacement parts such as filters and best for each of the pieces identified in Attachment C. As far as useful life and salvage value, there are so many variables that go along with this that it is difficult to provide information. It is dependent on how you operate the equipment, the conditions in which you operate and the maintenance practices performed. We will note that Toro equipment typically has a higher residual value for off -lease items than our competitors. G. CUSTOMER SUPPORT SERVICES: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. Page 16 of 272 Page 305 of 1360 EXHIBIT B PRICING 1. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. We have six Business Units represented in this proposal. 1. The Toro Commercial Division pricing will be 21.8% off current MSRP of all wholegoods, attachments and accessories. o For the City of Mesa, the Parts Program will consist of offering discounts on high usage parts such as belts, filters, tires, etc. The discount on these `Performance Parts' varies by product group but ranges up to 50% off retail. These prices are reflected in the Parts pricing in Attachment A 2. The Toro Landscape Contractor Equipment (LCE) Division pricing will be 27% off current MSRP for their landscape contractor wholegoods, attachments and accessories. 3. The Toro Siteworks Systems Division (SWS) pricing will be 17% off current MSRP for wholegoods, attachments and accessories. 4. Golf Irrigation will be 40% off MSRP for all wholegoods, attachments and accessories. 5. Residential Commercial Irrigation will be: o Irritrol; 40% off MSRP on wholegoods, attachments and accessories. o Rainmaster: 17% to 30% off MSRP on wholegoods, attachments and accessories. o ResCom : 40% off MSRP on Wholegoods, attachments and accessories. o Sentinel: 30% off MSRP on wholegoods, attachments and accessories. 6. BOSS: 25% off MSRP on wholegoods, attachments and accessories. We request that our dealers and/or distributors have the ability to add attachments and accessories designed for use on Toro products but manufactured by a third party. These are items such as snow throwers, snow blades and brooms that attach to our products for use in the winter months. Each manufacturer of these products provides their own pricing, our pricing would not exceed the manufacturer list price. If there were any shipping and/or setup costs incurred by the dealer these would be added to the cost of the product. Used and Demonstrator Equipment: Preowned and Demonstrator equipment is available from our distributors and dealers and pricing is based on Fair Market Value. The FMV of used and demo equipment is based on a combination of factors from true leasing which sets residual buyouts to hours, condition, age of equipment and current market pricing for like items. Our distributors typically publish a list of available equipment including the pricing. Financing and leasing: Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. Toro has contractual relationships with three finance companies that compete for your business. These are PNC, TCF, and DLL. Because of these relationships we have developed documents to help stream line the process for our tax exempt customers. This includes the credit application, approval, and non -appropriation language. This nationwide team of finance professionals has an in-depth understanding of tax-exempt financing. Based on tax-exempt pricing ($1 purchase option at end of lease term), the monthly lease rate is indexed to a spread not to exceed 450 basis points (BPS) over the like term US treasuries (as published by the US Federal Reserve Statistical Release H.15). Individual transaction pricing will be priced to the market based on specific transaction details. Page 17 of 272 Page 306 of 1360 For Fair Market Value (FMV) leases, terms from three to five years will be available. The monthly payments will not exceed 3.5% of the award price (at 600 hours per year of use). Alternative hours and payment terms (skip pays, annual pays, etc.) can be quoted by one of our financing partners. At the end of the lease (assuming all terms and conditions of the lease have been met), the equipment may be returned (subject to turn -in requirements identified in the lease documents), renewed for an additional time, on mutually agreeable terms between the parties, or purchased at the then, fair market value of the equipment. Included in this proposal is a hard copy of Toro's current MSRP for each divisions products. Electronic copies will also be provided. Any product, attachments and accessory that is on these spreadsheet is available for the stated discounts. This price model provides an aggressive discount to end users and is easy to calculate through a discount on MSRP. We have many products that we typically do not discount, we refer to these as proprietary products, but with this contract we discount all products with the same aggressive pricing to provide customers with the aggressive pricing but also make pricing and auditing more efficient for all parties. We will provide the City of Mesa and National IPA with current copies of our MSRP pricing so customers can verify through a third party. For Commercial, we also have a pricing system called Quote that we load pricing from Toro and is used by all distributors to calculate pricing. This ensures the correct pricing at each location. Here is an example of this quoting system. Tua. RV -m, OJOR Q,owI01,10 R.YIRMXM1N.° WI Y�1n1'��IGWl19,� �R �1�U1N}U111ll1f1Uif�i4f'�S 1U1f1Uif11ll1�1ll1W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W11W111...A �rqu MMllY I�„��kgr MMwu aerru�-f,aMrY',w I"orP�M�mm� � IW �� ,., Iw �, M 400040 (Ther 4 iFOW Coorplianq (30649 1 30600A) QkYr Iry*r-Vtwiol 17,q-114, I 7n VXi "Wr T"*i I 111"d AOmwd rrkt JiJ A 0,oImrM1YR;,r, '�- ,�l�MC,r .•M1��*xIwti*�O r;.��w,�r. g1i 0 f 9 o h Ylf'R�� I�m�mRM1R��Ya,mnR I� rr. tOIAm' l Aw', vaWr. dq '1C XOR Sllo r4i 2. The City's expectation is that the proposed pricing shall include delivery to Mesa and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. The Pricing to the City of Mesa includes set-up and delivery of wholegoods, attachments and accessories. It will be the determination of each of our distributors if they want to charge set-up and delivery fees for orders from other Participating Public Agencies. This pricing strategy allows us to provide a more aggressive price on wholegoods, attachments and accessories. Page 18 of 272 Page 307 of 1360 3. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. Toro typically has changes to our MSRP lists once per year. As our fiscal year starts on November 1, we plan our annual changes for that date. Our goal is to keep our price increases to a minimum to remain competitive in this market. For 2017 we have implemented an average price increase of 1.3%. On occasion, we have to veer from this plan as economic forces cause our costs to change more dramatically than anticipated. We do provide at least a 30 -day notice to our distributors that these changes are occurring. Over the past 3 years we have been able to hold to our plan of once per year price change. There are other factors that also impact our pricing. The federal government mandated changes to emissions, known as Tier 4, this has significantly impact pricing on our diesel, non -road, 25 - 74 horsepower products starting in 2013. These price increases have ranged from 10 - 20% depending on product but Toro's products have all transitioned to the Tier 4 Final engines and are therefore reflected in the current pricing. 4. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. Pricing is most favorable offered for contracts of this scope. We are continuously provided with feedback from field sales representatives concerning the price/value paradigm versus our competition. We evaluate this balance and make changes to pricing as needed to remain competitive. Toro also strongly believes in reducing cost through our processes and utilize Six Sigma Continuous Improvement Tools such as Kaizens, Lean Manufacturing, Process Mapping and D.M.A.I.C. (Define, Measure, Analyze, Implement, Control). Every year Toro establishes dollar values goals to Continuous Improvement and tracks and reports our progress against these goals. These procedures allow us to control costs which means controlling price increases to our customers. In the end, our customers make the "Best Value" judgement and buy those products they consider "Best Value". If we determine we are no longer "Best Value" at current pricing we will request changes to pricing. 5. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. As an added incentive for volume purchases (single purchase order), Toro distributors may provide the following Smart Value Program. This program provides the customer with a level of dollars available to be used to purchase additional whole goods, accessories, attachments, parts or extended warrantee based on the volume of purchase according to the following scale. Purchases at Retail Available Dollars $150,000 - $199,999 $4,500 $200,000 - $249,999 $6,000 $250,000 - $299,999 $10,000 $300,000 - $349,999 $12,000 $350,000 - $399,999 $14,000 $400,000 - $449,999 $16,000 $450,000 - $499,999 $18,000 $500,000 - $549,999 $20,000 $550,000 - $599,999 $22,000 $600,000 - $649,999 $24,000 $650,000 - $699,999 $26,000 $700,000 - $749,999 $28,000 $750,000 - $799,999 $30,000 $800,000 - $849,999 $32,000 $850,000 - $899,999 $34,000 Page 19 of 272 Page 308 of 1360 $900,000+ $36,000 6. Provide information on any ordering methods — such as electronic ordering or payment via pCard or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so, please provide the percentage discount. Orders can be faxed, mailed or emailed. pCards and EFT can be accepted. All pricing is at users net. 7. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. Payment terms are 0% 30 days for cash/check payments and EFT payments only. Page 20 of 272 Page 309 of 1360 REVISED PRICING AND COMPENSATION Pursuant wal the c=rart spec4fYc=ons Pnurrerated and devzwribed in thir ScOkolalAcn, Rerpondpnt agrees to fumIshf,.,RCA.P4DS MAINTENANCE EQU14RAEN7, PARTS, ,PGCE SSORrEs, SUPPLIES, RELATED SERViCES AND RELATED EQUJIRAEW ID the Cory & Mesmot! the Oce(sl sntedlj bd cww. SAIM RLE EQU11PIM EIN7 PRICING 7h,s Seclian, of the PrIce Page lists SampR* Equipment IAmidmr-nt. C) dial v& likely The puirchaSkrl Under the f=17= Thin list. its nw Akndueivp. Cfferoirs shall use &* discouiinits Iprovided in tt*,ir Prilm ProposaIll to determjim the price fix the items below ITEM EQUIPIKEINT, DESCIRWHON UINIT PRICE BUMAFq Rake, as per sp&dFfc;zvjone. I Toro Sand Pro 5rAC,, rriodell 0870�5 17�423,58 l`JANJFAC-I-U1RER AND IMrMODEL. NUMBER Heaq IDuty Uflay Vehide-, as per specifirmtkfls 2 Toro'Norkman IHDX Aam innidlel 07�90 L2,46fl &4 PJAN.)FAC-P-IRER AND IM ODEL NUMBER SU17CA.IndS MORK,, as per SpeC5UVJ!Cns I Toro RWIGG-D, mcdp4 03170 A D3 29 creels 29,530,85 l`JANJFAC-I-U1RER AND IMMEL,NUMBER 7np4ex r7n-pns IMuMcm er, as 1per specific-.4ions 4 Toro GR3,15D-0, modd 04358 ,and 04654 re 4-s FOANJFACTURER 29,773.3E Wkk kea RctarM Mmer, as per:5pe:ft-xIxon5 5 Tom GM411C-EI Ter4, model) YJKS K,262 63 MANJIFACTI-IRER AND MCDEL NUMBER Fairway Mcmer, as 1per spedficzkms 6 Tom RM5,51 G-UTIer 4, iniodd O31507 & C1641 reds 5'3,51Q 57, MANJIFACT'URER AND MCDEL NUMBER EQUIPMENT TOTAL FOR IMTEMr 91-6 220,092 30 SAMPLE PARTS PRICING The Ser-l�ior(of the PrIce Page lists Sam P* Paw% for thip Pqpopment listed above Iftems �i thru C4 thalmli llike4y le. Ipu dhasecii undear the contrad. This Ist itsInstalkn'CILRSuV�-,. Offerors 5haI11I use the dhswuints provided in th4ir Price (Proposal to detemune ft pinke for the liiiteomvs below. ITEMW PARTS DESCRIPTION UNIT PRICE 7 Au IFflter fair BLnker IR,;,r,,k ysea,4.emi I 1 MAINUIFACTUIRIER AND PAR7111UMBER flake pliate fu�r Bunker mink ,see iterri 11 Toro, q2rt; 84-2230-03 MAINUFA nJIRII=-R AND(PART NUIBER, hydr;iullhc Nlteir fw Ut?Ity Vehxle (z,ee uteirr 21 Toro, p2rt# 54-'0110 MAINUtFACTUIRIER AND PAR7111UMBER Paae 310 ofs1360 Corrrrr-tr&al [Nw�s,Icri Producs ;Ilarge mcmrs, ae.ratm,, 2 1. 8 Mi�m spravers iinfAd uccnwrs, WilitywpKides . cultNation and is GOLF COURSE IMNTEINAINV,.,E Ea"APMET47 Corrrrv-tmraW [Nw�s,Icri Producs ;Ilarge mcmrs, ae.ratm,, sprayers,, iinfrsld goorrers, Laillity VehOrJeS, cultrualion and 2130% debns equomert c RELATED IEQUI PMENT IF3AR73 Corrrrv-tma�, Dili R-rforrinance IPar1,s (City of Mesa Lip, 1JO50',% Off IIISI oni Pricing !is reffle.c.,ed !in Paris market baslike. pribes. D USED EQUr(,F'MIEhF OLAr dii have off lease anal t7ade ,D Depends cri zyge, equa0T*nt awaflab4 fcr:sal4 VrAirs and condlJoin E BBL AW3,7= OF LINE Gcff 1mgahor Mdegxds, acc-e-Esx4s and altxhme.nts 40% off Res,denfi,4 Cwwrierciall (IRe.vCoTnprrigalvcr Mc4egoods, wis ifff aocessc6es 40% off linlrd; Iringxion vbdilegcods, 3mcbmenis and xcessc6es 40% off Kann7aster 1mgvion Wilole,=pcds, alta&nTents znd 17 - 3,0 % off accessch,es Sem,Jnsli,, Imigmion ax idegookt 30% off, Res,de.nfiaJ Landscape Ccnt7adof EqUiliornenl Wiclegpccs, 31tatments 3ff.f aocessc6es 27% off, Site Works Systi-n-s Equipment egoods, anwhinnems and acz*sscrili-s 17% off, BOSS &Wiipn*nll aftwhments incl access-ches 25% off, Aii11i*-di IF' ruts Ipsowc0ed Iby third Ips iniv. tD exceed liv 1pnoe DELINERYSep i Sundard Tp7nr. ay7dCvmft,,ns. Vendor. N,,vne. 7cm DatL-: 12j,'M10 16 III 7P2: 0 f� Pp IP,,FP:# 2017025, Page 22 of 272 Page 311 of 1360 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Notwithstanding the foregoing, City acknowledges that products and services subject to this agreement are provided by Contractor's dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for its dealers and/or distributors and no authority to require them to provide goods or services subject to this Agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NOW EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. Page 254 of 272 Page 312 of 1360 b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration Warranty'). ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment Page 255 of 272 Page 313 of 1360 insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. 12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor's claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. 12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. 14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 16. DEFAULT. a. A party will be in default if that party Page 256 of 272 Page 314 of 1360 i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the reasonable excess cost by: (i) requiring reimbursement to the City within a commercially reasonable amount of time; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all reasonable, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, reasonable administrative expenses, attorneys' fees, and costs. All transactions must be documented. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. Page 257 of 272 Page 315 of 1360 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 21. TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those goods and services provided up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 23. NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and Page 258 of 272 Page 316 of 1360 cooperation, including reasonable assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed for the City of Mesa. All other agencies will be FOB destination and will be freight collect unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Page 259 of 272 Page 317 of 1360 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or Page 260 of 272 Page 318 of 1360 registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. Page 261 of 272 Page 319 of 1360 EXHIBIT D NATIONAL IPA DOCUMENTS RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company ("National IPA"), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the "Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA's requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support Page 320 of 1360 The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and Prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $35 million annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA's cooperative program: Page 263 of 272 Page 321 of 1360 A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this contract to Participating Public Agencies; B. Establish the Master Agreement as the Supplier's primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single contract process that will reduce the Supplier's need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is one of Supplier's - "go to market" strategies for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract for a purchase of equivalent scope, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as one of its go to market strategies in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstanding any other provision in this Agreement, City acknowledges that products and services subject to this Agreement are provided by Contractor's dealers and/or distributors which are independent businesses and set their own prices. Contractor has no authority to set prices, delivery dates, or other performance terms for its dealers and/or distributors. Contractor agrees to make the terms of this Agreement known to applicable dealers and/or distributors and to use reasonable efforts to encourage them to provide goods and services to City subject to the terms of this Agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. Page 264 of 272 Page 322 of 1360 3.1 Company A. Brief history and description of your company. The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting solutions. With sales of $2.4 billion in fiscal 2016, Toro's global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www. toro. com. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War 1 by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 90 countries around the world. B. Total number and location of sales persons employed by your company. The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors sales force of approximately 200 sales representatives. The resources are located in every state except Alaska. C. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. D. Annual sales for the three previous fiscal years. E. Submit your FEIN and Dunn & Bradstreet report. See W-9 form and Dunn and Bradstreet report is vendor response. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. Toro has 22 distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor, Irrigation, Siteworks System, and BOSS products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ, North Las Vegas, NV; and Albuquerque, NM. Page 265 of 272 Page 323 of 1360 Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts C. Provide the number, size and location of your company's distribution facilities, warehouses and retail network as applicable. All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. D. State any return and restocking policy and fees, if applicable, associated with returns. Parts Restocking Policy: 15% restocking fee on parts. New, unused, uninstalled electrical items are eligible for return and subject to the 15% restock fee. Used or installed electrical items cannot be returned. Parts are to be returned to Simpson Norton at customer's expense within 90 days of purchase. E. Describe the full line of products and services offered by your company. Toro has the broadest product line for all your Grounds Maintenance Equipment needs. We offer the highest quality products for golf courses, parks, sports fields and general grounds maintenance. This includes, many types of reel and rotary mowers, aerators, sprayers, bunker rakes, debris, and utility vehicles. We offer walk behind, stand -on, and ride -on, large area, and zero turn equipment. Our Site Works Systems group offers small skid steers, trenching equipment, underground directional drilling equipment. We have both golf irrigation and residential commercial irrigation. Our BOSS group offers snow plows and spreaders. 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as one of your company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: Executive leadership endorsement and sponsorship of the award as one of our primary sector go -to -market strategies within first 10 days The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel partners, endorsed by the executive sponsor Brad Hamilton, Vice President, Commercial. A press release will also be distributed to the marketplace as well as the various associations with which Toro is affiliated (e.g. GCSAA, STMA, NRPA, NIGP, etc.) This Press Release will be posted in the on-line Toro website media room and communicated via social media channels Additionally Toro University hosts monthly webcasts and other training events where the contract has and will continue to be discussed. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days Page 266 of 272 Page 324 of 1360 Since November 2007, we have been training and implementing this contract with our distributor and dealer partners. If we are awarded the City of Mesa contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide Power Point presentations to our distributors that are co-authored by Toro and the National IPA. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor and answer questions. The Toro sales and marketing team will make sales calls with our channel partners and National IPA teams to our end users to discuss this contract and sign up new users. Our marketing department will create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors and will be used at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. We will continue to train our sales force and engaging the resources we need to assure success of this contract. B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: Creation and distribution of a co -branded press release to trade publications A Press Release will be developed and released to the marketplace & industry associations Social Media - Toro FaceBook Page posting and Linkedln posting as well as a Twitter communication email Blast — National IPA list email Blast — NIGP list email Blast — incorporated into Grounds for Success eNewsletter (Onvia list to 18K) Announcement, contract details and contact information published on the Supplier company website within first 90 days This will be done through our Distributor Operating Bulletins. iii. Design, publication and distribution of co -branded marketing materials within first 90 days • National IPA logo would remain as a part of the National Ads in Government Sector publications • Print collateral pieces would be updated and released • Webinar will be conducted with Distributor partners as a part of the Sports Fields & Grounds (SFG) market training • Distributors will be hosting SFG open house events where the Contract will be a section of the presentations • Training — Toro University both in person and on-line will take place iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier -specific trade shows, conferences and meetings throughout the term of the Master Agreement Toro plans to participate in various industry trade shows including NIGP & various local Chapter events (CAPPO, FAPPO, etc) as well as NAEP, etc. Page 267 of 272 Page 325 of 1360 Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. We have participated in this manner for the last nine years and will continue to do so. We also participate on a local level with many NIGP chapter events and National IPA summit conferences. Finally, Toro plans to attend the NAEP conference as well. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement We advertise both on-line and in print on an ongoing basis through many government trade publications and where appropriate they have the National IPA logo on them identifying the contract. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) Through our relationship with the NIGP we have provided case studies and developed White Papers with regards to cooperative purchasing on a national and local level. We also leverage government data using Onvia and Smart Procure systems. viii. Dedicated National IPA internet web -based homepage on Supplier website with: • National IPA standard logo; • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA's website including the online registration page; • A dedicated toll free number and email address for National IPA • Torogov.com website would be updated to reflect new contract C. Describe how your company will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. Toro has acted in good faith to the National IPA in developing and growing the current Grounds Equipment contract. We have proven ourselves over the last nine years to add value to our customers. Our current contract has always been positioned as a tool for our customers to use to make procurement easier, reduce procurement costs, leverage pricing and reduce cycle time. In those states that currently do not have or have a limited state contract, we will position the City of Mesa/National IPA contract as a primary vehicle to local forms of government. In states that have a state contract, we will review the benefits of the City of Mesa/National IPA contract and let the customers make the value judgment. The growth of our current contract over the past nine years is proof of the value we add to our end users. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. We have provided and will continue to provide use of the Toro logo to the National IPA as long as each use of the logo is approved by Toro prior to publication and complies with our brand standards. Page 268 of 272 Page 326 of 1360 E. Supplier is responsible for proactive direct sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier's sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract Toro acknowledges this requirement and will comply. F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the contract process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts Toro and our distributors have a very comprehensive knowledge of the features, process and awareness of our current contract and through our training will have with the City of Mesa contract as well. This knowledge has been represented by the growth in sales across our distribution channel. Any changes to the contract, process or target customer will be communicated to our distributors and individual training arranged for those distributors that require it. G. Provide contact information for the person(s), who will be responsible for: i. Marketing Paula Sliefert Sr. Marketing Manager 952-887-7107 PauLa.Sliefert�@toro.com ii. Sales Pete Whitacre District Sales Manager 952-887-7936 Peter. W h itacre6d)toro. com iii. Sales Support Joan Olson Administrative Assistant 952-887-8838 Joan.OlsonCo)toro.com iv. Financial Reporting Anthony Sacco Programs Administrator 952-887-7255 Anthony.Sacco6d)toro.com V. Contracts Jon Stodola Government Sales Manager 952-887-7937 Jon.Stodola6d)toro.com H. Describe in detail how your company's national sales force is structured, including contact information for the highest -level executive in charge of the sales team. The Toro Company Rick Olson — President & CEO Page 269 of 272 Page 327 of 1360 Brad Hamilton — Vice President, Commercial Division Brad reports to Rick Olson. Reporting to Brad are our directors of sales, marketing, technical operations, customer care and controller for Commercial Division. Brad can be reached at 952-887-8815 or brad.hamilton@toro.com Jim Heinze — Director, Commercial Sales Jim reports to Brad and leads a team of Regional and District Sales Managers that have responsibility for growing sales in the United States and Canada. They are also responsible for goal setting with distributors, understanding distributor training and development needs, and implementing programs and contracts such as this. Jim can be reached at 952-887-8892 oriim.heinzetoro.com Distribution Most of our distributors are privately owned companies that are the connection from Toro to end use customer. The sales managers that report to the owners of these companies will manager a team of representatives responsible for selling and marketing Toro products. Every area of the United States has a representative assigned for sales coverage from one of our distributors. We have included a listing of these distributors and a contact list with this proposal. I. Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. We will continue to proactively train our sales organization and target accounts that would benefit from this contract. This includes the development of sales literature updated with the new contract information and use of the National IPA logo on targeted pieces. We are always looking for ways to engage the National IPA organization in our sales meetings. We look at National IPA as an extension of our sales team. We want to make sure they understand how we sell to end users so they can better position The Toro Company when making sales calls. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, etc. We communicate through our organization and our channel the best -demonstrated practices, success stories and updates to this contract. We overcome hurdles by demonstrating how other distributors are growing their business through the use of the contract and the use of the National IPA resources. This coordination and communication is part of what Jim Heinze's sales team is responsible for. As key contacts for the contract, Pete Whitacre and Paula Sliefert will interface with the City of Mesa and National IPA for regular contract review meetings and strategy meetings as we have been doing for over nine years. Through this ongoing communication as changes happen at Toro, such as acquiring a new company, we can make changes to the contract and how it is marketed. Realizing the need for consistent pricing across our distributors, Toro has created a National IPA pricing Program within our national quote system (iQuote). This assures that the correct pricing is applied to the quote, the equipment is `fit -up' correctly and pricing can be verified by our Programs Administration department. We have a process in place that will require our distributors to assign the National IPA agency number to their sales on this contract. This requires them to determine if the customer has already signed up as a participating agency or having them sign up prior to purchasing our products. This process requires time and support by our distributors but we have now built these processes into our daily routine. K. State the amount of your company's Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. As we are a publicly traded Company, this detailed information is considered confidential. However below is a representation of The Toro Company revenue for fiscal year 2016 by market and geographic location. Finally, we will commit to developing a list of customers to target for growth on this contract. Page 270 of 272 Page 328 of 1360 imp ALIN ................... .......... . Oolt 2-4% The Tor"u, C,o,,,,m pa ny PrOossiomop V W Son. 1111 b SMMWO swww"C)l Pinaaeollon, *sduir & v4MG, U3, K,',WW"*trrl r"T,r Mums & More Mqw ru,,51orajap spoor 1n no'n Aw, M, Res id @ rfia I swel 14"W'O'Kir FIB Wm aml Imm" 115%, ga an awl swea cwwww a wwwce "I'As llbrt� C � pviinV DIVERSE' PORTFOLIO Page 271 of 272 Page 329 of 1360 L. Describe your company's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. We use SAP as our mainframe through which our sales reporting function is housed. Our distributors electronically communicate all transactions to Toro through Connectivity by which we can collect sales data. We are also equipped to conduct Electronic Funds Transfer payments. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. V. Respond to any bid separate from Master Agreement (Contract sales not reported to National IPA). Detail your strategies under these options when responding to a solicitation. Page 272 of 272 Page 330 of 1360 o Date: To: Through From: City Council Report March 20, 2017 City Council Michael Kennington, Chief Financial Officer Edward Quedens, MPA, C.P.M., CPPD, Business Services Director Matt Bauer, MBA, CPPD, CPPB, CPSM, Procurement Administrator Subject: Five -Year National Cooperative Contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment for the Parks, Recreation and Community Facilities (PRCF) Department (Citywide) Purpose and Recommendation Council is requested to approve the Term Contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment as recommended. A committee representing Parks, Recreation and Community Facilities and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest scored proposal from The Toro Company at $351,325.00 annually, based on estimated requirements. Background / Discussion This contract will provide equipment, accessories, parts, supplies and related services per City requirements. The equipment will be used for Sports Field and Golf Course maintenance, and include some used and balance of line equipment and supplies. Mesa was selected by the National Intergovernmental Purchasing Alliance Company (National IPA) to be the lead agency on this contract. The contract will be available to over 40,000 public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit through National IPA's cooperative purchasing program. National IPA anticipates that the expenditure against this agreement nationally will be Purchasing conducted the initial review of the three proposals received of which all three met the minimum qualifications. Staff from PRCF evaluated the proposals based on the evaluation criteria as stated in the solicitation, and response clarifications were requested from the highest scored vendor. Best and Final Offers were not requested by the evaluation team. The highest scored proposal, The Toro Company, is being recommended for award. The evaluation committee unanimously agreed on the recommendation. Page 331 of 1360 Alternatives Council may choose not to authorize the purchase and new responses will be solicited. Fiscal Impact The annual contract amount is available in the Parks, Recreation and Community Facilities Department operating budget through: Capital — Enterprise (Golf), General Fund (Cemetery), Capital — General Fund (Parks Maintenance), Environmental Compliance Fee (Basin Maintenance). Coordinated With Parks, Recreation and Community Facilities Department, and Purchasing PURCHASING INFORMATION Action: Initial Award Procurement Type: Request for Proposals Solicitation Number: 2017025 Vendors Registered: ProcureAZ (632) and Vendor Self Service (126) Advertising: ProcureAZ and Purchasing Website Downloads: 61 Responses: 3 Local Consideration: Not applicable as there were no Mesa responses Protests Received: None Initial Contract Term: Five years Possible Renewals: Two, one-year renewals subject to future Council consideration Prices: Future price increases are capped by the Producer Price Index Pricing Available to Other Cooperative Agencies: Yes December 14, 2016 Responses Harper Turf Equipment dba Harper Industries, Inc. — Harper, KS Textron, Inc. dba Jacobsen, a Division of Textron — Charlotte, NC The Toro Company dba Toro — Bloomington, MN 2 Page 332 of 1360 Proposal Final Scoring Results Evaluation Criteria / The Toro Textron, Inc. Harper Points Possible Company dba Jacobsen Industries, (Recommended) Inc. Firm's Proposed Solution 39.6 31.4 19.6 /40 Firms Qualifications & 28.2 22 18 Experience / 30 Firm's Pricing 18.56 20 0 (Equipment) / 20 Firm's Pricing (Parts) / 10 8.1 10 0 Total / 100 94.46 83.4 37.6 AWARD RECOMMENDATION The Toro Company dba Toro Bloomington, MN Description Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment per Agreement No. 2017025; Exhibits — Scope of Work, Pricing, Mesa Standard Terms and Conditions, and National IPA documents; Solicitation including any addenda; and Contractor Response Annual Contract Amount: $351,325.00 3 Page 333 of 1360 Attachment: Exceptions Taken Scope of Work; 3 General Requirements C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or...t „dealers„ It /qr _ krbLitor , is/ re required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor orlt°r��iit;�r dealers ar;d/or dis tribu tors will maintain ................................................................................................................................................................................................................. a factory authorized parts and service facility for normal and warranty service. The Contractor shall . . � '6Jts..de dealers and/or distributors to be capable of providing parts within twenty- c nc.our:g.q......!.........:::..t...t::.. ...:!.............................................................................................................................................................. four (24) hours and shall be capable of being on site to respond to service requests within twenty- four 24 hours unless othemiise �:,ornmur;ic.ated ar;d ac.ce ted b Cit :zii II iiliuc ii .a<�tuurvur: ( )..................................................................................................................................................................................................................................................................p................................Y......................y............................................II....................m...............�..................Y.... Scope of Work; 4 Product Requirements C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven(7) daysof initial notification. ,. Unless othemiise c,,ornmur;ic.ated arid ac,,c.e ted b the .............................................................................................................................................................................................................................................................................p.......................................................... ! Ay r.IIS...ILp.gjiii..... Draft Document; Terms and Conditions'., Illj::: lANiit�,iii,t I 1.3 Delivery. Cit at:,kr;oron�led es that delive ro HI be rnade b �:,ontra�:;tor"s dealers and/or distributors .......................................................................g............................................... ....... rY................................................................................................................................................................................................................................................................................................................................................., ronihic.h are.. indeper;dent busir;esses„ l;)eliveries shall be made to the location(s) contained in the Scope of Work within 30 days after receipt of an order. 2. Scope of Work. F ,:�.... .. .......q iptron p........1� !L.ri.ed.........1�......:.1i.r....... .g.t ':.':.i ..iit.,......:Tthe Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 334 of 1360 including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. 7. Requirements Contract. .. sae: �c . af"FeOS ....... rats (:,:entracA .the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase ar or a -I e o prGG:4. a i e..... prior to the time ars roduo:t ronyithin the ur�:,.hase order has .....I..................................................................................................................y.......t�..............................................................................................................t�................................................................................................................... n hip.r� ,; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, .....tt a a e e.r.....te.r....a. :rc1......GObtb..... GoR#a4or, The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. Exhibit 1 Draft Contract Exhibit C Mesa Standard Terms and Conditions 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Notwithstandin the tore oin Cit at:,°.kr�oron�led es that roduo:ts ard 9 p ti.....................................................ti....................g..,..............................................................................................g...............................................p......................................................................... services sub egt to this a reement are rovided Contractor's dealers arid/or distributors which are i........................................................................g............. ................... ................................................t...........................................................y.....................................................................................................................................................................................................................................................,................................................................ Inde eriderit businesses arid set their oronir� rio.es. Contra�:,:tor has r�o authorit to set rices for lit" lit; p...................................................................................................................................................................................................................................... p...................................................................................................................................................................................................y........................................... p................................................... dealers arid/or distributors acid no authorit to reg. wire them to rovide Dods or servio.es sub e�:,:t to this .................................................................................................................t...........................................g.................................................................................................................................I............................................................ A reement. Contractors dealers acid distributors that a ree to utili .e this a reement also a ree to abide g.................................................................................................................................................................................................................................................................................................................... ..........g...............................................................................................................................................................................................................g.......................................................................... by the orio.ino acid terms acid conditions set within. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. 9. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of reasonable obtaining substitute services exceeds the contract price, the City may recover the .................... excess cost by: (i) requiring immediate reimbursement to the City ron�ItI]in.........�,�III°Itll r�:,J.21.y. reasonable _ a rn gti_rIt 0f tJ ; (ii) deduction from an unpaid balance due to Contractor; (iii) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 335 of 1360 collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all ._r .2§2...bl.., fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to......r'. gl�..b.A . administrative expenses, attorneys' fees, and costs. u„IIII„ fiairi,��a:�f101I uul�uust It) �tocu,uurui�e rited ............................................................................................................................................................... c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will a entitled only to payment for those gqq arid„ services ped. r�.r vid.'.d....up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 24. INDEMNIFICATION/LIABILITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractorwill do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including .r.e. a s o a bl assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of. the City in obtaining recovery, 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed for the Cit of Mesa. ANN other a enc. es will e N:::::OB destination and will e 9 p p.............................................................................................................................q.......................................................................................................................................................................................................................................................................... r'.l.g.tit._�:,:q.flect unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder,. 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including,,, acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 336 of 1360 National IPA Contract (Attachment D) Exceptions 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is.o 0 e of . Supplier's y "go to market" strategJ.y for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) thatthe Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible or lower pricing through a national, state, regional or local or cooperative contract for a I .U.E�;,, of a.1Ui i nt cop that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment g.0....of its go to market strateg yin Supplier commits to aggressively market the aster Agreement as..... .... this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstandin ars other rovision in tf�is A reemer�t fit at:,°.kr�oron�.ed es fhaf roduc:ts ar�d services .....................................................................................g.......................y..............................................t.............................................................................................................g..................................................... y.........................................................................g....................................................I.................................................................................................................................... to this A reement are rovided Contractor's dealers acid/or distributors which are inde er�dent t.......................................................................... g.................................................................................1...........................................................y......................................................................................................................................................................................................................................................................................................................................................1.......................................... businesses acid set their oron�n rio.es. Contractor has no authorit to set rices deliver dates or other t........................................................................................................................................................................................................y................................................ t...............................,................................................ y.................................................................................................. erforrnar�c.e terms for its dealers acid/or distributors. ontra(I'lo. r a reel to snake the terms of this I...................................................................................................................................................................................................................................................................................................................................................................................................................................g................................................................................................................................................................................................................ A reement known to a �lic.able dealers and/or distributors acid to use reasonable efforts to enc.oura e them g.........................................................................................................................t.t....................................................................................................................................................................................................................................................................................................................................................................................................................................................................g.......................................... to rovide Dods ar�d services to Cit sub ec:t to the terms of this A reerner�t.Contractors dealers arid t............................................g............................................................................................................................................................y.............................t.................................................................................................................................................................g..................................................................................................................................................................................................................... distributors that a ree to utilize this a reernent also a ree to abide b tf�e ricin acid terms acid conditions ....................................................................................................g................................................................................................................g............................................................................................g......................................................................................y............................t..........................g............................................................................................................................................................... set ron�ithin. ............................................................. 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as ye.one o f yagE company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as._the-pubk. c gli.'...olo...�l_E..t.[�.ma go -to -market strategy within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 337 of 1360 i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). ��................If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. M r. Res and ko ars bid se erste krorn Masker A reement Cor�kra�:,:t salves .........................p..............................................................y.............................................p................................................................................................................................g..........................................................C.......................................................................................... igt...t ..pq. ':....:tq.....National ._�.. ).. Detail your strategies under these options when responding to a solicitation. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 338 of 1360 From: Jess Romnev To: Evan Karl Subject: FW: Toro exceptions to contract terms update Date: Thursday, February 09, 2017 3:17:01 PM Attachments: Toro Exceptions updated 2-8-17.docx mNLOO2 n Evan Please put this email along with the attached file in to EIDMS for contract 2017025 Thanks Jess Romney, CPPB Procurement Officer City of Mesa Phone: 480 644-5798 Fax: 480 644-2655 Jess roryin Work hours: Mon. —Thu. 7 a.m. —6 p.m. Closed Fridays Ai�� From: Peter Whitacre [maiIto:Peter.Whitacre@toro.com] Sent: Thursday, February 09, 2017 2:03 PM To: Jess Romney <Jess. Romney@ M esaAZ.gov> Cc: Jim Heinze <Jim.Heinze@toro.com>; Jon Stodola <Jon.Stodola@toro.com>; Randy Harris <Randy.Harris@toro.com>; Paula Sliefert <Paula.Sliefert@toro.com>; Matt Bauer <Matt.Bauer@mesaaz.gov>; Al Piper <alan.piper@nationalipa.org> Subject: RE: Toro exceptions to contract terms update Jess, We are in agreement with the changes you have made. I am working with Al to schedule a discussion for next week. Best regards, Peter E. Whitacre, OSE Sales Manager, State and Local Government The Toro Company 8111 Lyndale Ave South Bloomington, MN 55123 Office: 952-.887-.7936 Cell: 612-.963-.0892 Fax: 952-.887 8694 Page 339 of 1360 From: Jess Romney [mailto:Jess.Romne4@MesaAZ. ov] Sent: Wednesday, February 8, 2017 5:20 PM To: Peter Whitacre <Peter.Whitacretoro.com> Cc: Jim Heinze <Jim.HeinzeLtoro.com>; Jon Stodola <Jon.Stodol>; Randy Harris <Randy.Harris2toro.com>; Paula Sliefert <Paula.Sliefert2toro.com>; Matt Bauer <Matt.Bauer(Lmesaaz.gov>; Al Piper <alan. iper(@nationaIi a.org> Subject: RE: Toro exceptions to contract terms update Peter, We had just a few minor changes. Take a look and let me know Thanks Jess Romney, CPPB Procurement Officer City of Mesa Phone: 480 644-5798 Fax: 480 644-2655 eS.Sl"C') l"Yl n Work hours: Mon. —Thu. 7 a.m. —6 p.m. Closed Fridays y aan www a�u Cpl �, e� From: Peter Whitacre[mailto:Peter.Whitacre(�toro.com] Sent: Monday, February 06, 2017 12:35 PM To: Jess Romney <Jess.Romne�((�MesaAZ. ov> Cc: Jim Heinze <Jim.HeinzeLtoro.com>; Jon Stodola <Jon.Stodol>; Randy Harris <Randy.Harris2toro.com>; Paula Sliefert <Paula.Slieferm> Subject: Toro exceptions to contract terms update Jess, Attached is the updated Exceptions to terms and conditions document that we reviewed last Thursday. Please review and let us know if you are agreeable with the updates. Best regards, Peter E. Whitacre, CSE Sales Manager, State and Local Government The Toro Company 8111 Lyndale Ave South Bloomington, MN 55123 Page 340 of 1360 Office: 952-887-7936 Cell: 612-963-0892 Fax: 952-887 8694 This electronic message including any attachments ("Message") may contain information that is privileged, confidential and/or exempt from disclosure under trade secret and other applicable law. If you are not the intended recipient, notify the sender immediately, permanently delete all copies of this Message, and be aware that examination, use, dissemination, duplication or disclosure of this Message is strictly prohibited. Page 341 of 1360 A RESPONSE TO THE CITY OF MESA °SII II::w 2017025 CIIRCU.UIN11I)C IIA A11N II Il0MIl0CII!:II QU.UII14:'"IIA II IIOR"�S ACCII:CCCIIR11111::,S" CU011"11"11 II ll:::, S, ILII II MUIll:::, lll::,RV11CII::,S A 11', 11:QU.U1114"IIA II:110 Mr ", (',I IV I'I,I/,i I'[ai (1 w,iiiIVI"IoII )(1 , A M,IIII 400 Mr ,, , Ai voiw E; i)0H Page 342 of 1360 City of Mesa C—r.indd 1 12/2/16 10:55 AM TABLE OF CONTENTS TAB 1 TAB 1 — LETTER OF TRANSMITTAL DOCUMENT LETTER OF TRANSMITTAL TAB 2 TAB 2 — QUALIFICATIONS. (ABILITIES, EXPERIENCE AND EXPERTISE) DOCUMENT 1 - 6 1. STATEMENT OF QUALIFICATIONS 1 1. A. DESCRIPTION OF QUALIFICATIONS 1 1. A. I. HISTORY OF TORO 1 - 2 1. A. II. NUMBER AND LOCATION OF SUPPORT CENTERS 2 1. B. RESPONDENTS ABILITY 2 1. C. REFERENCES 3 1. D. RESPONSE TO NATIONAL PROGRAM 3 2. IDENTIFICATION OF RESPONDENTS 4-6 3. ADDITIONAL QUALIFICATIONS 6 ATTACHEMENT D — NATIONAL IPA DOCUMENT 1-32 DNB RISK MANAGEMENT DOCUMENT 1-32 TAB 3 TAB 3 — PROGRAM DESCRIPTION AND METHOD OF APPROACH DOCUMENT 1-25 1. DISTRIBUTION NETWORK 1 - 2 2. REPORTING 2-3 3. PRODUCT REQUIREMENTS 3-20 4. SERVICE 20-24 5. ORDERING AND INVOICES 25 6. OTHER 25 ATTACHMENT C — SAMPLE EQUIPMENT SPECIFICATIONS 1 - 6 TORO EQUIPMENT MAINTENANCE PRODUCTS AND SCHEDULES FOR EQUIPMENT IN ATTACHMENT C 1 TORO DISTRIBUTOR LISTING 1 COPY OF INVOICE 1 SNC CERTIFICATE OF DELIVERY 1 TAB 4 TAB 4 — PRICING AND COMPENSATION FORMS DOCUMENT 1 - 5 1. PRICE PROPOSAL 1 2. PROPOSED BUSINESS PRICING MODELS 2-3 3. PROPOSED DELIVERY MODEL 3 4. PRICING CHANGES 3-4 5. MOST FAVORABLE PRICING 4 6. ADDITIONAL DISCOUNTS 4 7. ORDERING METHODS 5 8. PAYMENT TERMS 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 343 of 1360 TABLE OF CONTENTS TAB 4 CONTINUED... ATTACHMENT — MESA PRICING AND COMPENSATION ADDENDUM 12/07/16 1 — 7 TORO COMMERCIAL PRODUCTS PRICE LIST 1-47 GOLF IRRIGATION PRICE LIST 1-93 TORO RESIDENTIAL/COMMERCIAL IRRIGATION PRICE LIST 1-24 IRRITROL IRRIGATION PRICE LIST 1-14 RAIN MASTER CENTRAL CONTROL PRICE LIST 1 - 6 SENTINEL CENTRAL CONTROL PRODUCTS PRICE LIST 1-15 TORO LCE (LANDSCAPE CONTRACTOR EQUIPMENT) PRICE LIST 1 - 9 TORO SWS (SITEWORKS SYSTEM) PRICE LIST 1-10 TORO SWS SI (SITEWORKS SYSTEM) PRICE LIST 1 - 7 TORO SWS SII (SITEWORKS SYSTEM) PRICE LIST 1 - 6 TORO SWS SIII (SITEWORKS SYSTEM) PRICE LIST 1 - 2 BOSS PRICE LIST 1 - 3 TAB 5 TAB 5 — OTHER FORMS DOCUMENT 1 ATTACHMENT B — REQUIRED RESPONSE FORMS 1 - 5 EXCEPTIONS TAKEN DOCUMENT 1 - 5 W9 FORM 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 344 of 1360 TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The Respondent's understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation. See the attached `Letter of Transmittal' document. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 345 of 1360 The Toro Company 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 Phone 952/888-880 www. toro. com Fax 952/887-8258 Jess Romney, CPPB Procurement Officer Mesa City Plaza 20 E. Main St, Room 4450 North Mesa, AZ 85211-1466 Dear Mr. Romney, December 9, 2016 It is our understanding that the City of Mesa, Arizona is soliciting a response for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment for the City of Mesa as well as other government agencies through a piggybacking process. National IPA is the cooperative organization that will allow for this contract to be utilized by other agencies and therefore we will also be contracting with National IPA as part of this agreement. For the past nine years, The Toro Company has been the sole contract holder for Grounds Maintenance Equipment for National IPA through the City of Tucson as the Principal Procurement Agency. Through a competitive process The Toro Company was awarded the contract in 2007 and again in 2012. In conjunction with our National IPA partners, we have provided training to our national distributor/dealer networks to understand cooperative purchasing and the benefits that this contract holds. Through our sales and marketing efforts we have grown this contract into a vehicle that thousands of agencies across the country rely on for purchasing their Grounds Maintenance Equipment. The primary contacts for this contract will be Pete Whitacre and Jon Stodola for Toro representing sales, Paula Sliefert and David Yakes representing Toro marketing. On a local basis, Shelly Spencer will be representing Simpson Norton management, Fred Balzarini represents outside sales, and Mike Swichtenberg represents service. This response includes participation from Toro's Commercial, Landscape Contractor, Site Works Systems, Golf Irrigation and Residential Commercial Irrigation and BOSS divisions. We are confident we represent the most complete offering for your ground maintenance equipment needs, not only for the City of Mesa, but also for other public agencies nation-wide. We look forward to supporting and growing this contract with you and other National IPA participating agencies. Thank you for your consideration of The Toro Company as your Grounds Maintenance Equipment provider. Best regards, Brad Hamilton Vice President Commercial Division The Toro Company Page 346 of 1360 TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. A statement of Respondent's qualifications, abilities, experience and expertise in providing the requested goods and services. The National IPA contract has been one of Toro's primary go to market strategies for selling products and services to government agencies. We have been educating our distributors, dealers and customers regarding this contract for nine years. We regularly meet with National IPA's management team to discuss successes and plan strategies to grow this business. Toro's executives are also very involved with the strategies associated with this contract. A description of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence. Include: i. A brief history and description of your company. About The Toro Company The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting solutions. With sales of $2.4 billion in fiscal 2015, Toro's global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War 1 by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 80 countries around the world. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 347 of 1360 The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors sales force of approximately 200 sales representatives. The resources are located in every state except Alaska. ii. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. b. An assessment of the Respondent's ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent's inability to meet any of the requirements of the specifications. The Toro Company and our distributor/dealer channel have been marketing and selling the National IPA contract for nine years. When we first started this contract in 2007, most of our distributors were not aware of what cooperative purchasing was. In the early months of the contract we developed an aggressive training program with our channel partners and the National IPA sales and marketing team. One by one they learned what the contract was, the benefits to them and the benefits to their customers. The going was slow at first, but now the term `cooperative contract' is part of their everyday lexicon. All of our distributors are actively selling our equipment through this contract. Our training continues, and over the years we have enlisted the help of local NIGP chapters leaders to teach our distributors how to sell to government agencies. Through Paula Sliefert and Pete Whitacre's involvement in the NIGP's Business Council we had a recent panel discussion at our national sales meeting that included past NIGP Presidents and current members of NIGP's Governing Board, which allowed our distributor teams to ask questions and learn from practitioners on how they perceive cooperative purchasing, and the value of understanding the entire organization's needs. We know that selling to government agencies requires a knowledge of process at each location and we have instilled that in our channel partners. Within the golf industry, Toro is the market share leader by a wide margin. This is due primarily to our dedicated focus and support, and the strength and dedication of our channel partners. Toro also offers the wideset array of products to serve the municipal market. Our response includes participation from Toro's Commercial, Landscape Contractor (LCE), Site Works Systems (SWS), Golf Irrigation and Residential Commercial Irrigation and BOSS divisions. We are confident we represent the most complete offering for your ground maintenance equipment needs, not only for the City of Mesa, but also for other public agencies nationally. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 348 of 1360 c. References —A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person's names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided. City of Peoria Charlie Johnson, PW -UT Management Analyst Public Works Management Analyst 8850 N. 791h Ave. City of Peoria, AZ 85345 623-764-4641 Cell 1623-773-7495 Desk 1623-773-7496 Fax Charles.Johnson(cbpeoriaazagov Combined Sales 11/01/16 — 11/21/16 $1,111,122 Toro Commercial Equipment City of Tucson Frank Barajas 900 S. Randolph Way Tucson, AZ 85716 520-631-3629 Cell 1520-791-4872 x 213 1520-791-4008 Fax Fbaraia 1(cbciatucsonaazaus Combined Sales 11/01/16 — 11/21/16 $618,300 Toro Commercial Equipment and Golf Irrigation products City of Tempe Michael Greene, Procurement Administrator 20 East 6th Street Tempe, AZ 85280 480-350-8516 office 1480-858-7701 fax Michael greene0lem ea.gov Combined Sales 11/01/16 — 11/21/16 $1,317,589 Toro Commercial Equipment City of Goodyear Charles Schneider, Fleet Superintendent Municipal Services/Public works 4971 S. 157"' Ave. Goodyear, AZ 85338 623-208-0112 Cell 1623-882-7195 Office Charles. Schneider(ebgoodXearazagov Combined Sales 11/01/16 — 11/21/16 $612,612 Toro Commercial Equipment d. Provide a response to the national program. Include a detailed response to Attachment D, Exhibit A, National IPA response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how Respondent will educate its national sales force about the contract, describe how products and services will be distributed Nationwide, include a plan for marketing the products and services Nationwide, and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror's response should include any proposal exceptions to the National IPA Administration Agreement. See attachment D. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 349 of 1360 2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff named in the Response may not be substituted without permission of the City. Include in the Response resumes and relevant experience. Toro Staff Pete Whitacre, Regional Business Manager, has been with The Toro Company for 11 years. Pete has been the primary manager of the current City of Tucson/National IPA contract for the past nine years. He holds a Certified Sales Executive (CSE) designation from Sales & Marketing Executives International. He has 25 years of experience selling to the government market and understands the buying and selling process that is specific to government. Pete holds a Government Contractor Certificate (GCC) through the National Institute for Government Purchasing (NIGP) showing his commitment to this market. He also sits on the NIGP National Business Council as an advisor to the NIGP Board. Paula Sliefert joined The Toro Company in 2007 and currently serves as senior marketing manager in the company's Commercial Business. In her role, she has responsibility for supporting a number of Toro's key industry relationships — in addition to helping develop and implement strategies targeted at growing the Sports Fields & Grounds market segments, which represents professional and collegiate sports, educational institutions, and government including federal, state and local entities. Paula is a graduate of Simpson College with a bachelor's degree in German and International Business and holds a master's degree in German from Bowling Green State University. She studied and worked abroad in both Germany and Austria, having completed a work abroad program with Mercedes Benz, as well as having attended the University of Salzburg, Austria. Professional Affiliations National Institute of Governmental Purchasing (NIGP): Member & Past Elected Business Council Chairperson Green Industry Expo (GIE) — (NALP & PGMS): Elected Show Board of Directors Member Sports Turf Managers Association (STMA): Member/ International Committee Commercial Advisory Board: Invited Member Safer Athletic Fields for Everyone Foundation (SAFE): Elected Board of Directors Member Professional Grounds Management Society (PGMS): Elected Board of Directors Member National Recreation & Park Association (NRPA): Member & Sponsor of Directors School City Parks Alliance (CPA): Member/ 2017 Greater & Greener Conference Planning Committee Synthetic Turf Council (STC): Member Snow & Ice Management Association (SIMA): Member American Public Works Association (APWA): Member Leadership in Educational Facilities (APPA): Member City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 350 of 1360 Jon Stodola, CSE - State and Local Government Sales manager, has been with the Toro Company for 1 year and works directly with our distribution team on education and positioning of the City of Tucson/National IPA contract. He is a member of the APWA, SIMA and APPA. He spent the previous 4 years with Office Depot where he served as a Government & Education Manager— North Central Plains, assisting representatives of K-12, Higher education, State and Local Government in the design and implementation of customized procurement programs that addressed their financial goals and community objectives. He holds a Certified Sales Executive (CSE) designation from Sales & Marketing Executives International which places a high value on ethical sales practices. David Yakes, Marketing Manager for Sports Fields & Grounds for the Commercial Division, has been with the Toro company for 3 years. David has over 17 years of marketing experience in a variety of business -to -business and business -to -consumer roles, including Supervalu Inc, a grocery wholesaler and retailer, and Campbell Mithun, advertising agency. David also has experience working with the State of Minnesota, Office of the Governor, in a constituent and state agency role. Marketing experience includes product and service positioning and promotion, customer and sales channel engagement, customer research and market analysis, and strategy development and execution. Simpson Norton Staff Shelly Spencer, CSE - Sports Fields & Grounds Manager and a Member of SIMA. Over 34 years in the industry with the last 14 years focused on Contracts and the municipal customer. Shelly will be the main contact person for this contract. She is the inside sales person. Her responsibilities include: Contract maintenance. (10091o) Equipment recommendations and quotes. (5091o) Processes all purchase orders. (100%) Fred Balzarini, SCPS - Outside Sales Manager with more than 24 years in the industry and the last 11 years with Simpson Norton focusing on Commercial/ Government sales. Fred will provide customers with equipment recommendations, quotes and training on new equipment. (10091o) In-house techs: Randy Waymire - 14 years in the industry and nearly 1 year with Simpson Norton. Nick Nielsen - 18 years in the industry and the last 7 years with Simpson Norton. Jeff Lucas - 10 years in the industry and with Simpson Norton. Personnel Joe Goodwin, CSE — Vice -President Sales for Simpson Norton. 29 years in the industry with the last 21 years at Simpson Norton. Joe oversees the entire sales team for all divisions of business. Joe can provide equipment recommendations and quotes if needed. (5091o) Mike Swichtenberg, CSM Certified Service Manager through the National Association of Service Managers (NASM). The Toro Company requires 100% of all distributor service managers to be CSM Certified. Mike is our Director of Service at Simpson Norton Corporation. He has been in the industry for 26 years and the last 14 years with Simpson Norton. Mike coordinates supplemental group training and manages our entire service department. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 351 of 1360 Lisa Lofquist, Technical Service Manager - EETC Certified - Toro System Certified Lisa has been in the industry for 22 years and the last 12 years with Simpson Norton. Lisa is the main contact for technical service issues. She oversees the administration of the shop. In -field techs: Randy Waymire - 14 years in the industry and nearly 1 year with Simpson Norton. Nick Nielsen - 18 years in the industry and the last 7 years with Simpson Norton. Jake Pennington - 21 years in the industry and the last 10 years with Simpson Norton. Jeff Lucas - 10 years in the industry and with Simpson Norton. Each of our 4 in -field techs and 3 in-house techs are Toro factory certified through EETC (Equipment Engine Training Council). Each is certified in: 4 Stroke Gasoline Engines, Compact Diesel Engines, Electrical Systems and Hydraulic and Drivelines. After completion of EETC they continue specialized training through The Toro Company. Our shop foreman, Curt Close, is not only EETC, but holds The Toro Company's SMST (Senior Master Service Technician) certification. Curt has been with Simpson Norton and the industry for 40 years. Local training is provided to the customer at time of delivery by the salesman and a service technician assigned to that particular customer. Training is one-on-one or group training. Operator manuals, repair manuals and CD/DVD's etc. are provided at time of delivery and are reviewed with the customer for each piece of equipment. As per item 5 in Scope of Work we acknowledge and accept these training requirements. 3. Please submit any additional qualification information that you feel is applicable to your qualifications and experience. For the past nine year we have been marketing, advertising and selling the City of Tucson/National IPA agreement. Attached is an example of some marketing efforts we have jointly developed. Toro and our distribution channel have great relationships with National IPA. We are actively engaged with their national sales team to make joint sales calls and have strategic plans in place, which we are currently implementing, to grow this contract. They know our products and they know our people. We know each other's strengths. We have monthly calls with the 4 Group Vice Presidents to track our progress on our strategy. Our Executives have relationships and they are involved with the process. Over the nine years we have develop a very strong partnership to drive growth. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 352 of 1360 Attachment D //% NATIONALI�PA Requirements for National Cooperative Contract To be Administered by National Intergovernmental Purchasing Alliance Company The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier's review and response. National IPA Exhibit A — NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT National IPA Exhibit B — NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C — NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE National IPA Exhibit D — NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE National IPA Exhibit E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F — NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Page 353 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company ("National IPA"), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment.. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the "Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA's requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. Requirements for National Cooperative Contract Page 2 of 32 Page 354 of 1360 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume Requirements for National Cooperative Contract Page 3 of 32 Page 355 of 1360 The dollar volume purchased under the Master Agreement is estimated to be approximately $35 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA's cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier's primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier's need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National Requirements for National Cooperative Contract Page 4 of 32 Page 356 of 1360 IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is Supplier's primary "go to market" strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. 3.1 Company A. Brief history and description of your company. The Toro Company (NYSE: TTQ is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting Requirements for National Cooperative Contract Page 5 of 32 Page 357 of 1360 solutions. With sales of $2.4 billion in fiscal 2016, Toro's global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud ofits legacy ofquality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War I by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number ofstrong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 90 countries around the world. B. Total number and location of sales persons employed by your company. The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors salesforce of approximately 200 sales representatives. The resources are located in every state except Alaska. C. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging insize from 10, 000 square feet to 150, 000 square feet. D. Annual sales for the three previous fiscal years. Requirements for National Cooperative Contract Page 6 of 32 Page 358 of 1360 E. Submit your FEIN and Dunn & Bradstreet report. See attached W-9 form and Dunn and Bradstreet report. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. Toro has 22 distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor, Irrigation, Siteworks System, and BOSS products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts. C. Provide the number, size and location of your company's distribution facilities, warehouses and retail network as applicable. All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro has over 100 offices nationally ranging in size from 10,000 square feet to 150, 000 square feet. D. State any return and restocking policy and fees, if applicable, associated with returns. Requirements for National Cooperative Contract Page 7 of 32 Page 359 of 1360 Parts Restocking Policy: 15% restocking fee on parts. New, unused, uninstalled electrical items are eligible for return and subject to the 15% restock fee. Used or installed electrical items cannot be returned. Parts are to be returned to Simpson Norton at customer's expense within 90 days of purchase. E. Describe the full line of products and services offered by your company. Toro has the broadest product line for all your Grounds Maintenance Equipment needs. We offer the highest quality products for golf courses, parks, sports fields and general grounds maintenance. This includes, many types ofreel and rotary mowers, aerators, sprayers, bunker rakes, debris, and utility vehicles. We offer walk behind, stand -on, and ride -on, large area, and zero turn equipment. Our Site Works Systems group offers small skid steers, trenching equipment, underground directional drilling equipment. We have both golf irrigation and residential commercial irrigation. Our BOSS group offers snowplows and spreaders. 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go -to -market strategy within first 10 days The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel partners, endorsed by the executive sponsor Brad Hamilton, Vice President, Commercial. A press release will also be distributed to the marketplace as well as the various associations with which Toro is affiliated (e.g. GCSAA, STMA, NRPA, NIGP, etc.) This Press Release will be posted in the on-line Toro website media room and communicated via social media channels Additionally Toro University hosts monthly webcasts and other training events where the contract has and will continue to be discussed. ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days Since November 2007, we have been training and implementing this contract with our distributor and dealer partners. If we are awarded the City ofMesa contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide Power Point presentations to our distributors that are co - Requirements for National Cooperative Contract Page 8 of 32 Page 360 of 1360 authored by Toro and the National IPA. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor and answer questions. The Toro sales and marketing team will make sales calls with our channel partners and National IPA teams to our end users to discuss this contract and sign up new users. Our marketing department will create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors and will be used at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. We will continue to train our salesforce and engaging the resources we need to assure success of this contract. B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co -branded press release to trade publications A Press Release will be developed and released to the marketplace & industry associations Social Media - Toro FaceBook Page posting and Linkedln posting as well as a Twitter communication email Blast —National IPA list email BlastNIGP list email Blast incorporated into Grounds for Success eNewsletter (Onvia list to 18K) ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days This will be done through our Distributor Operating Bulletins. iii. Design, publication and distribution of co -branded marketing materials within first 90 days • National IPA logo would remain as apart of the National Ads in Government Sector publications • Print collateral pieces would be updated and released Requirements for National Cooperative Contract Page 9 of 32 Page 361 of 1360 • A Webinar will be conducted with Distributor partners as a part of the Sports Fields & Grounds (SFG) market training • Distributors will be hosting SFG open house events where the Contract will be a section of the presentations • Training Toro University both in person and on-line will take place iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier - specific trade shows, conferences and meetings throughout the term of the Master Agreement Toro plans to participate in various industry trade shows including NIGP & various local Chapter events (CAPPO, FAPPO, etc) as well as NAEP, etc. V. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. We have participated in this manner for the last nine years and will continue to do so. We also participate on a local level with many NIGP chapter events and National IPA summit conferences. Finally, Toro plans to attend the NAEP conference as well. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement We advertise both on-line and in print on an ongoing basis through many government trade publications and where appropriate they have the National IPA logo on them identifying the contract. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) Through our relationship with the NIGP we have provided case studies and developed White Papers with regards to cooperative purchasing on a national and local level. We also leverage government data using Onvia and Smart Procure systems. viii. Dedicated National IPA internet web -based homepage on Supplier website with: • National IPA standard logo; Requirements for National Cooperative Contract Page 10 of 32 Page 362 of 1360 • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA's website including the online registration page; • A dedicated toll free number and email address for National IPA • Torogov.com website would be updated to reflect new contract C. Describe how your company will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. Toro has acted in good faith to the National IPA in developing and growing the current Grounds Equipment contract. We have proven ourselves over the last nine years to add value to our customers. Our current contract has always been positioned as a tool for our customers to use to make procurement easier, reduce procurement costs, leverage pricing and reduce cycle time. In those states that currently do not have or have a limited state contract, we will position the City of Mesa/National IPA contract as a primary vehicle to local forms ofgovernment. In states that have a state contract, we will review the benefits of the City of Mesa/National IPA contract and let the customers make the value judgment. The growth of our current contract over the past nine years is proof of the value we add to our end users. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. We have provided and will continue to provide use of the Toro logo to the National IPA as long as each use of the logo is approved by Toro prior to publication and complies with our brand standards. E. Supplier is responsible for proactive direct sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier's sales initiatives should communicate: Requirements for National Cooperative Contract Page 11 of 32 Page 363 of 1360 i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract Toro acknowledges this requirement and will comply. F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts Toro and our distributors have a very comprehensive knowledge of the features, process and awareness of our current contract and through our training will have with the City ofMesa contract as well. This knowledge has been represented by the growth in sales across our distribution channel. Any changes to the contract, process or target customer will be communicated to our distributors and individual training arranged for those distributors that require it. F. Provide contact information for the person(s), who will be responsible for: i. Marketing ii. Sales Paula Sliefert Sr. Marketing Manager 952-887-7107 Paula. Slie&rILa),,toro. com Pete Whitacre District Sales Manager 952-887-7936 Peter. Whitacre�a),toro. com iii. Sales Support Joan Olson Administrative Assistant 952-887-8838 .roan. 01sonLci),toro. com iv. Financial Reporting Anthony Sacco Programs Administrator Requirements for National Cooperative Contract Page 12 of 32 Page 364 of 1360 952-887-7255 AnthonE. Sacco a),toro. com V. Contracts Jon Stodola Government Sales Manager 952-887-7937 Jon. Stodola a),toro. com H. Describe in detail how your company's national sales force is structured, including contact information for the highest -level executive in charge of the sales team. The Toro Company Rick Olson President & CEO Brad Hamilton Vice President, Commercial Division Brad reports to Rick Olson. Reporting to Brad are our directors of sales, marketing, technical operations, customer care and controller for Commercial Division. Brad can be reached at 952-887-8815 or brad.hamilton&toro.com Jim Heinze Director, Commercial Sales Jim reports to Brad and leads a team of Regional and District Sales Managers that have responsibility for growing sales in the United States and Canada. They are also responsible for goal setting with distributors, understanding distributor training and development needs, and implementing programs and contracts such as this. Jim can be reached at 952-887-8892 or iim.heinze&toro.com Distribution Most of our distributors are privately owned companies that are the connection from Toro to end use customer. The sales managers that report to the owners of these companies will manager a team of representatives responsible for selling and marketing Toro products. Every area of the United States has a representative assigned for sales coverage from one of our distributors. We have included a listing of these distributors and a contact list with this proposal. L Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. We will continue to proactively train our sales organization and target accounts that would benefit from this contract. This includes the development of sales literature updated with the new contract information and use of the National IPA logo on targeted pieces. We are always looking for ways to Requirements for National Cooperative Contract Page 13 of 32 Page 365 of 1360 engage the National IPA organization in our sales meetings. We look at National IPA as an extension of our sales team. We want to make sure they understand how we sell to end users so they can better position The Toro Company when making sales calls. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, etc. We communicate through our organization and our channel the best - demonstrated practices, success stories and updates to this contract. We overcome hurdles by demonstrating how other distributors are growing their business through the use of the contract and the use of the National IPA resources. This coordination and communication is part of what Jim Heinze's sales team is responsible for. As key contacts for the contract, Pete Whitacre and Paula Sliefert will interface with the City ofMesa and National IPA for regular contract review meetings and strategy meetings as we have been doing for over nine years. Through this ongoing communication as changes happen at Toro, such as acquiring a new company, we can make changes to the contract and how it is marketed. Realizing the need for consistent pricing across our distributors, Toro has created a National IPA pricing Program within our national quote system (iQuote). This assures that the correct pricing is applied to the quote, the equipment is ` it -up' correctly and pricing can be verified by our Programs Administration department. We have a process in place that will require our distributors to assign the National IPA agency number to their sales on this contract. This requires them to determine if the customer has already signed up as a participating agency or having them sign up prior to purchasing our products. This process requires time and support by our distributors but we have now built these processes into our daily routine. K. State the amount of your company's Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. As we are a publicly traded Company, this detailed information is considered confidential. However below is a representation of The Toro Company revenue for fiscal year 2016 by market and geographic location. Finally, we will commit to developing a list of customers to target for growth on this contract. Requirements for National Cooperative Contract Page 14 of 32 Page 366 of 1360 L. Describe your company's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. We use SAP as our mainframe through which our sales reporting function is housed. Our distributors electronically communicate all transactions to Toro through Connectivity by which we can collect sales data. We are also equipped to conduct Electronic Funds Transfer payments. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail your strategies under these options when responding to a solicitation. See attachment `Exceptions Taken' for detail. Requirements for National Cooperative Contract Page 16 of 32 Page 367 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT (the "Agreement") is made this day of 20 between National Intergovernmental Purchasing Alliance Company ("National IPA"), and (herein "Supplier"). RECITALS WHEREAS, the (herein "Principal Procurement Agency") has entered into a Master Agreement effective , Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (herein "Product"); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies; WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Requirements for National Cooperative Contract Page 17 of 32 Page 368 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier's response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier's obligation to provide appropriate insurance. 4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) shall not be obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) shall not be obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. TERM OF AGREEMENT 6. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of paragraphs 3, 4 and 5 hereof and the indemnifications afforded by the Supplier to National IPA herein and in the Master Agreement, to the extent such provision survive the term of the Master Agreement, shall survive the term of this Agreement. NATIONAL PROMOTION 7. National IPA and Supplier shall publicize and promote the availability of the Master Agreement's products and services to Public Agencies and such agencies' employees. Supplier's failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) Requirements for National Cooperative Contract Page 18 of 32 Page 369 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA's sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. 8. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website www.nationalipaor, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency's first sales order. 9. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. In addition, Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier and National IPA shall provide each respective party with its logo ("Logo") and the standard terms of use for its general use in marketing the Master Agreement. Both parties shall obtain written approval from the other party prior to use of such party's Logo. Notwithstanding, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. MONTHLY REPORTING & FEES 10. Supplier shall pay National IPA an administrative fee in the amount of % of the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). Supplier shall provide National IPA with an electronic accounting report, in Microsoft Excel, in the format prescribed by National IPA, on a monthly basis summarizing all Contract Sales for the applicable month. A sample of the Contract Sales reporting format is provided as Exhibit C, attached hereto and incorporated herein by reference. 11. Reports of Contract Sales for Principal Procurement Agency and Participating Public Agencies in each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Such reports shall be accompanied by an administrative fee payment in the amount indicated on the report as being due. Administrative fee payments are to be paid by the Supplier to National IPA via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a monthly report or payment of the administrative fees within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at National IPA's sole discretion. All administrative fees not paid when due shall bear interest at a rate equal to the lesser of 1 1/2% per month or the maximum rate permitted by law until paid in full. 12. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA's sole Requirements for National Cooperative Contract Page 19 of 32 Page 370 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE discretion, reserves the right to compare Participating Public Agency records with monthly reports submitted by Supplier for a period of four (4) years from the date National IPA receives such monthly report. National IPA may engage a third party to conduct an independent audit of Supplier's monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of administrative fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA's reasonable satisfaction, including payment of any administrative fees due and owing, together with interest thereon in accordance with Section 11, and reimbursement of National IPA's costs and expenses related to such audit. GENERAL PROVISIONS 13. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail. 14. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 15. This Agreement and National IPA's rights and obligations hereunder may be assigned at National IPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform National IPA's obligations hereunder. Supplier may not assign its obligations hereunder without the prior written consent of National IPA. 16. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. National Intergovernmental Purchasing Alliance Company National IPA Attn: President 2555 Meridian Blvd Suite 300 Franklin, TN 37067 B. Supplier 17. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Requirements for National Cooperative Contract Page 20 of 32 Page 371 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 18. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 19. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 20. This Agreement will be construed under and governed by the laws of the state of Delaware, excluding its conflicts of law provisions. Authorized Signature, Supplier Signature Name Title Date NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Ward H. Brown Name Chief Operating Officer Title Date Requirements for National Cooperative Contract Page 21 of 32 Page 372 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (the "Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company ("National IPA") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively the "National IPA Parties") by either registering on a National IPA Party website (such as www.nationali ah org), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products") to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. 3. That the cooperative use of Master Agreements and other group purchasing agreements shall be in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal, state or local law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. Requirements for National Cooperative Contract Page 22 of 32 Page 373 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE 5. That the Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, "Supplier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Parry. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 6. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a Procuring Party, and the Procuring Party shall hold non -procuring parry harmless from any liability that may arise from action or inaction of the Procuring Party. Without limiting the generality of the foregoing, the National IPA Parties make no representations or warranties regarding any Product, Master Agreement or GPO Contract, and shall have no liability for any act or omission by a Supplier or other party under a Master Agreement or GPO Contract. 8. This Agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 6, 7 and 8 hereof shall survive any such termination. 9.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Requirements for National Cooperative Contract Page 23 of 32 Page 374 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D - NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as Principal Procurement Agency for National IPA, NAME OF PPA agrees to pursue Master Agreements for Products as specified in the attached exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as of and on behalf of NAME OF PPA ("Principal Procurement Agency"), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National Intergovernmental Purchasing Alliance Company ("National IPA") pursuant to the terms of the Administrative Agreement by and between National IPA and the applicable supplier. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, Principal Procurement Agency Signature Name Title Date Requirements for National Cooperative Contract Page 24 of 32 Page 375 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report Supplier Name: Contract Sales Report Month: Contract ID: Participating Agency Name Address City State Participating Agency # Transaction {Assigned Contract Zip Code by National Date Sales for IPA and (Date of Month ($) provided to Sale) Supplier} Admin Fee % Admin Fee $ Report Totals Cumulative Contract Sales Requirements for National Cooperative Contract Page 25 of 32 Page 376 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.Lisa.gov/Agencies/State and Territories.shtml and https://www.Lisa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR Requirements for National Cooperative Contract Page 26 of 32 Page 377 of 1360 CITY OF SPRINGFIELD, OR ELMO, UT CITY OF ST. HELENS, OR ELSINORE, UT CITY OF ST. PAUL, OR ELWOOD, UT CITY OF SULPHUR, LA EMERY, UT CITY OF TIGARD, OR ENOCH, UT CITY OF TROUTDALE, OR ENTERPRISE, UT CITY OF TUALATIN, OR EPHRAIM, UT CITY OF WALKER, LA ESCALANTE, UT CITY OF WARRENTON, OR EUREKA, UT CITY OF WEST LINN, OR FAIRFIELD, UT CITY OF WILSONVILLE, OR FAIRVIEW, UT CITY OF WINSTON, OR FARMINGTON, UT CITY OF WOODBURN, OR FARR WEST, UT LEAGUE OF OREGON CITES FAYETTE, UT THE CITY OF HAPPY VALLEY OREGON FERRON, UT ALPINE, UT FIELDING, UT ALTA, UT FILLMORE, UT ALTAMONT, UT FOUNTAIN GREEN, UT ALTON, UT FRANCIS, UT AMALGA, UT FRUIT HEIGHTS, UT AMERICAN FORK CITY, UT GARDEN CITY, UT ANNABELLA,UT GARLAND,UT ANTIMONY, UT GENOLA, UT APPLE VALLEY, UT GLENDALE, UT AURORA, UT GLENWOOD, UT BALLARD,UT GOSHEN,UT BEAR RIVER CITY, UT GRANTSVILLE, UT BEAVER, UT GREEN RIVER, UT BICKNELL, UT GUNNISON, UT BIG WATER, UT HANKSVILLE, UT BLANDING, UT HARRISVILLE, UT BLUFFDALE, UT HATCH, UT BOULDER, UT HEBER CITY CORPORATION, UT CITY OF BOUNTIFUL, UT HELPER, UT BRIAN HEAD, UT HENEFER, UT BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT BRYCE CANYON CITY, UT HERRIMAN, UT CANNONVILLE, UT HIDEOUT, UT CASTLE DALE, UT HIGHLAND, UT CASTLE VALLEY, UT HILDALE, UT CITY OF CEDAR CITY, UT HINCKLEY, UT CEDAR FORT, UT HOLDEN, UT CITY OF CEDAR HILLS, UT HOLLADAY, UT CENTERFIELD, UT HONEYVILLE, UT CENTERVILLE CITY CORPORATION, UT HOOPER, UT CENTRAL VALLEY, UT HOWELL, UT CHARLESTON, UT HUNTINGTON, UT CIRCLEVILLE, UT HUNTSVILLE, UT CLARKSTON, UT CITY OF HURRICANE, UT CLAWSON, UT HYDE PARK, UT CLEARFIELD, UT HYRUM, UT CLEVELAND,UT INDEPENDENCE,UT CLINTON CITY CORPORATION, UT IVINS, UT COALVILLE, UT JOSEPH, UT CORINNE, UT JUNCTION, UT CORNISH, UT KAMAS, UT COTTONWOOD HEIGHTS, UT KANAB, UT DANIEL, UT KANARRAVILLE, UT DELTA, UT KANOSH, UT DEWEYVILLE, UT KAYSVILLE, UT DRAPER CITY, UT KINGSTON, UT DUCHESNE, UT KOOSHAREM, UT EAGLE MOUNTAIN, UT LAKETOWN, UT EAST CARBON, UT LA VERKIN, UT ELK RIDGE, UT LAYTON, UT Requirements for National Cooperative Contract Page 27 of 32 Page 378 of 1360 LEAMINGTON, UT RICHFIELD, UT LEEDS, UT RICHMOND, UT LEHI CITY CORPORATION, UT RIVERDALE, UT LEVAN, UT RIVER HEIGHTS, UT LEWISTON, UT RIVERTON CITY, UT LINDON, UT ROCKVILLE, UT LOA, UT ROCKY RIDGE, UT LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT LYMAN, UT ROY, UT LYNNDYL, UT RUSH VALLEY, UT MANILA, UT CITY OF ST. GEORGE, UT MANTI, UT SALEM, UT MANTUA, UT SALINA, UT MAPLETON, UT SALT LAKE CITY CORPORATION, UT MARRIOTT-SLATERVILLE, UT SANDY, UT MARYSVALE, UT SANTA CLARA, UT MAYFIELD, UT SANTAQUIN, UT MEADOW, UT SARATOGA SPRINGS, UT MENDON, UT SCIPIO, UT MIDVALE CITY INC., UT SCOFIELD, UT MIDWAY, UT SIGURD, UT MILFORD, UT SMITHFIELD, UT MILLVILLE, UT SNOWVILLE, UT MINERSVILLE, UT CITY OF SOUTH JORDAN, UT MOAB,UT SOUTH OGDEN, UT MONA, UT CITY OF SOUTH SALT LAKE, UT MONROE,UT SOUTH WEBER,UT CITY OF MONTICELLO, UT SPANISH FORK, UT MORGAN, UT SPRING CITY, UT MORONI, UT SPRINGDALE, UT MOUNT PLEASANT, UT SPRINGVILLE, UT MURRAY CITY CORPORATION, UT STERLING, UT MYTON, UT STOCKTON, UT NAPLES, UT SUNNYSIDE, UT NEPHI, UT SUNSET CITY CORP, UT NEW HARMONY, UT SYRACUSE, UT NEWTON, UT TABIONA, UT NIBLEY, UT CITY OF TAYLORSVILLE, UT NORTH LOGAN, UT TOOELE CITY CORPORATION, UT NORTH OGDEN, UT TOQUERVILLE, UT NORTH SALT LAKE CITY, UT TORREY, UT OAK CITY, UT TREMONTON CITY, UT OAKLEY, UT TRENTON, UT OGDEN CITY CORPORATION, UT TROPIC, UT OPHIR, UT UINTAH, UT ORANGEVILLE, UT VERNAL CITY, UT ORDERVILLE, UT VERNON, UT OREM, UT VINEYARD, UT PANGUITCH, UT VIRGIN, UT PARADISE, UT WALES, UT PARAGONAH, UT WALLSBURG, UT PARK CITY, UT WASHINGTON CITY, UT PAROWAN, UT WASHINGTON TERRACE, UT PAYSON, UT WELLINGTON, UT PERRY, UT WELLSVILLE, UT PLAIN CITY, UT WENDOVER, UT PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT PLEASANT VIEW, UT WEST HAVEN, UT PLYMOUTH, UT WEST JORDAN, UT PORTAGE, UT WEST POINT, UT PRICE, UT WEST VALLEY CITY, UT PROVIDENCE, UT WILLARD, UT PROVO, UT WOODLAND HILLS, UT RANDOLPH, UT WOODRUFF, UT REDMOND, UT WOODS CROSS, UT Requirements for National Cooperative Contract Page 28 of 32 Page 379 of 1360 COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF'S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT Requirements for National Cooperative Contract Page 29 of 32 Page 380 of 1360 HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT - DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI -COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND -LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO. 1013 FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO. IJ MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO. 101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX -TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT Requirements for National Cooperative Contract Page 30 of 32 Page 381 of 1360 ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT IJ SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPESCHOOL,UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT MUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT Requirements for National Cooperative Contract Page 31 of 32 Page 382 of 1360 TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII -HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON -GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 32 of 32 Page 383 of 1360 TAB 3 - Program Description AND Method of Approach. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Mesa and the national program. Clearly define the services/materials offered and Respondent's method of approach to including, but not limited, to the following criteria: 1. Distribution Network a. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. Toro has 22 commercial distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor (LCE), irrigation and Siteworks System (SWS), and BOSS snow products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ, North Las Vegas, NV, and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Commercial Distributor List See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts. c. Provide the number, size and location of your firm's manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. All of Toro's Commercial products are manufactured in Tomah, WI and shipped from our warehouse in Tomah to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro Commercial channel has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. d. Describe your delivery commitment. What are your standard delivery days? Identify and describe any exceptions. Typically equipment is setup and delivered to customer's designated delivery location 2 — 30 business days after receipt of the purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer's PO are honored. If for some reason a deadline cannot be met, the salesperson will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (See copy attached). The customer retains a copy along with a binder including operator and parts City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 384 of 1360 manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesperson. e. Identify the supplier(s) and their business location(s) that will service the City of Mesa's account. Simpson Norton Corporation has been a distributor for Toro equipment in Arizona since 1957. Their business is located in Goodyear, Arizona. There are four in -field technicians that cover the Phoenix metro area, including the City of Mesa. There is a complete service shop with four bays located at the corporate office in Goodyear. Shelly Spencer— Sports Fields and Grounds Manager for Simpson Norton Corporation. Shelly will be the main contact person for the City of Mesa. Shelly is responsible for all contracts offered by the Simpson Norton Corporation. She processes all orders and purchase orders. Fred Balzarini-Territory Manager is the salesman for the City of Mesa. Fred will provide the City of Mesa with equipment recommendations, quotes and training on new equipment. In -Field service technicians will be dispatched as needed for any service/warranty needs. f. Describe your dealer network and their role in providing products, services, etc. under the contract. Toro has twelve global manufacturing locations, seven of which are located in the United States; Minnesota, Wisconsin, Texas, Nebraska, Florida & California. Our products are shipped to our 22 Commercial distributors and hundreds of dealers through which products and services are provided for customers. See Distributor List for locations. 2. Reporting. Describe Respondent's reporting capabilities at the national level and Agency level. Provide sample standard reports. SAMPLE MONTHLY SALES REPORT TO NATIONAL IPA National IPA Sales For the Month of XX we require this Toro dealer/distributor name Agency Name umber f om our dealers/distributors Invoice date Purchase amount fee paid to National IPA City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 385 of 1360 SAMPLE OF TORO SALES REPORT BY CUSTOMER Example Report of City of Mesa Spend Dist ID Ship to Custome FY Invoice Dat Invoice Number Material / Description Retail Qty Price 420 CITY OF MESA 2015 05/11/2015 1465124-00 03710 - 27" HD 8 BLD DPA CU 5 15,745 420 CITY OF MESA 2015 05/11/2015 1465124-00 03780A - `OBS` REELMASTER 7000-D [T41F, US] 1 48,999 420 CITY OF MESA 2015 05/11/2015 1465124-00 30552 - UNIVERSAL SUNSHADE -RED 1 565 � 420 CITY OF MESA wm. 2015 05/11/2015 1465124-00 03716 - 27" HD VERTICUTTER CU 5 10,495 420 CITY OF MESA 2015 07/15/2015 1468331-00 41211 - ELECTRIC HOSE REEL KIT- MP1750 1 2,217 420 CITY OF MESA 2015 07/15/2015 1468331-00 30358 - BIMINI CANVAS SUNSHADE 2 324 420 CITY OF MESA 2015 Total 15 78,345 3. Product Requirements. a. Provide a detailed written response illustrating how the equipment, accessories, parts, supplies and related services offered will meet the requirements of this solicitation for the City of Mesa and the national program. Offerors shall identify and describe the proposed product lines that meet the specifications located in the Product Requirements section of this solicitation (Section 4 of the Scope of Work). Toro offers a full line of mowing equipment from 21 "rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero turn mowers, four wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field and general grounds maintenance. See attached brochures. • SPORTS FIELDS AND GROUNDS EQUIPMENT Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. • GOLF COURSE MAINTENANCE EQUIPMENT Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. • RELATED EQUIPMENT PARTS Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. • USED EQUIPMENT Each of our distributors provide access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 386 of 1360 • BALANCE OF LINE We are also including our Golf Irrigation, Residential Commercial Irrigation, Landscape Contractor, Site Works Systems, and BOSS equipment lines with our proposal. b. Specify locations and availability of replacement parts, and state the maximum time required to provide and install replacement parts. Also state the estimated dollar value of your parts inventory. Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ, North Las Vegas, NV, and Albuquerque, NM. Due to the stocking level at our distributors and our logistics systems in place, we have achieved a 98% average same day parts fulfillment rate nationally. As for repairs, each instance will differ in the scope of work but a timeframe will be agreed on with the customer for repair and return of product to the customer. c. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. Toro's standard Commercial Products Warranty states that "Your Toro Commercial product will be free from defects in materials or workmanship for two years or 1500 operational hours, whichever occurs first. Where a warrantable condition exists, we will repair the Product at no cost to you including diagnosis, labor, parts and transportation." Our standard Commercial Parts Warranty states 'your Toro Commercial Part to be free from defects in material or workmanship for ninety days, 1 year for complete engines. " You can also purchase additional protection for your products through Toro Protection Plus (TPP). These are optional programs designed to provide you with budget protection and security after the initial 2 year warranty period. You can elect the Drive Train Protection or the Comprehensive Protection., Drive Train Protection: This program covers the engine, transmission/transaxle including; hydrostatic pumps, valves and motors; drive axles/drive assemblies including; all parts contained in the drive axle, PTO housing, 4 -wheel drive assemblies, hydraulic drive pumps, valves, steel lines and motors within the frame. Comprehensive Protection: This program covers all operational parts and assemblies for your mower, vehicle or other machinery against mechanical breakdown. The items not covered are; normal maintenance items, tune-ups, tires, batteries, blades, belts and hoses. Used Equipment Qualified used equipment can be covered with Toro Protection Plus Pre -owned. See Warranty documents as follows: City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 387 of 1360 Toro General Commercial Product Warranty 3 A Two year i.II;,mwj Warranty Conditions and Products, Covoimd . NorqwO ow", (&imton, NoMir and low, and dow"WAlfkaw, Thp. Tort,'v (,4wrparvy and ft I Toro Wharranty QI,',Irrvpaqvy, prowwwr to an 89a Oemor d 1*1"Veeft rhern, toxn#y warrani your, toro Cwwwmeo r,,,)W KX00,110 VIPIPCOrXI(II 101 0 ftOM ftfw,35 011 iawWudorGaNn ew It'% rwo Wears w 15DO oporaM)naf horx*'' 041khover 0um rVO, Thl wafrany vs to ON PrIwUO3 WWI tho ou"dept5on Or Aorwowirs (refef to sorparawo warluvVy WxWirrioras for Who". prokfur,14�1. 'Of te a warrarooW, randMon ex4o, we wN Popov the piroda(A 81 no c"Osl loyew d'nrlwionq dwqntp'AxIP, InW, piing, serIl Varafw,Won Uviii, warrainly b"$rrs owe the dift the Pnxkwt vs dWWOf0d Iro the orr(qtnW rMW Irmeawow— " Prcxtucl equIJI;4W w1h an Nogo rmow, You aro responwho rcrr mWitywinj Vie Corn"rauic'mr Pradix.,l)s ENMr6fAw air AuthI Cwumiewiriroll Prodiveft D"alle; rrwrn whorn ycrio purchametl ft PtOdtl'13 AS $1101(9r osy(w tw6vwe ®rwaaars4tAir, IxImMkIn exivhk Pr p,)u nr'ed hetp kwalJoy a C4.1owme4c4ai 11 Prudimos DrArdwrim orhiArwized DeWar, 4rr 4 ymb Nrwe (ttesbom rI*NfafTnig your warywidy righbr, to rasa purn I1)Jftn%,, IdW mroy cu ntacl us at Tool COI Prnduckis Sen(" Daswi Vrowit Too INSIlarAy con4uny I I I Ly"4ikk, Aveeirge Suoh Mix,wrI09tan, Wt 554 N)- 11 N Y62,4MUV-,8s1)1 cc OIKIO-954-2740 Losaw, ks the Flynducp ownot VOIA aire ro,%neswe fix riotfaved rwj[numaric,* aw adius,lrneftM SNOOd h your I kftnvi[Or FaIljare, ur peOrrinir rw**ad OM No"U%wrowfl can The grounds for 0610110'NOrg a wamroly chraInr' Itoms and, Conditions Not Covered Not eVk prudiisrl faiares or nnaMunefix"I"M than alicil."Ao duhtV #h1p, wwwAy Parma am dere(A dao "ratervals or mmkmItordl Op thim,warranty, door nrA mwer "w WhIrwirng; . I NOvros which vesulfb fetAni, kho u%e tjil morn- roto r0100rwnwwfl parw, 11v fri"wrl Irlso'AINOWAwe wsd ww of add-on, of rnrsdiffived nors, Toro bit,wnded aomaw oes and pfoducls A serpafWo rwairronry PI I pwodad p4 Oto rh'16414 OO'ClAyfor CA 1how ftoyaoa . IN00111IO fimikoe's 6NM reual 601n 4*41101 OV Ur WNrf'IXITr IMAIMAWROKS 0111IVIX MAJv%wients FoArre to pfopeAy ine6ritah yug li,xv pnicAuct jw dhe RownniondW NAW nsonim nre, 11sled h Ow ny"wrahm"A hfarm"W can result al OnAms rOqwilivirantV Ibaodd dalad ml, . PvoifuO fisguires YOuch r"Al frorn oporavog Ow Produc,'t kr,k an 40jusItya, irralphipont, (x teckIless rrianner, Parft,%44091 W CXMIKMVN6 n OrTmIgh ase vm1was kxowd Vil dw d#fwAfrVo Exampies 0 parts wh6ch zVO COnsurnedr aq used up, JurIng n6arnW1 I r4waWm mrlodo, bRA we noil himidaidla, brake pods arld rnInq& vljoroh HnInjps, kAwlel, rwm" rollrwrr and teirwym," (somlo of wreaffiratrle) bed knov", I paugs, cass"m hhes an'd roter's, IkadW 's, And oex'wn spokyor c.,onpurtords siIii0p as nozzles No chock wgwea, atc fWfh'IrO"mq Caused bV irmliside hA'Uf49rrI:'O' condpOons roroldered w bock, I.WRT3,19JO OrA41MIco OWUllo, but aro Prra 14041011 to, woollror, tRwlr,�'�a pracbres, cArrOarnine"ve, us@ at unsWrKvww.W fuefs, ocKAW9, lutrocants, mikhOws, fwrDfizers, wftr, to chemicals, W Fa4hoo or OsirI Isso" due W ffie use al looks poi g 9awAtse, jiosja4 or twkxbea(yl) *Rkl do I wnfrwyn W dlhnurrm tesbrfmchla� Org,$wI smindarrls NoinwO 'wear vwd twm' Mdodo%, t do r1rA ftfT4W41 to, darnage w qo*s duo W wwar Or abriv,40a, wfwn pokifed swfhlcesw wr".VivwAied dow.&IS ou warn dr,rows Ok", prwtsu,'ihI Tar ireyraittreireir" as roqpArerl svv wi"Vanwe kx Whe rmorcrd & NAjaie up lo Ow schoduked foplacernited djjxrw drat sh," rAw, PNIN rolIplamd unrkot ffft wwrinfly wo ("Y'Vvwod kv fho rhorMil'of of Uua asr9ffmar pfirmirmt wafordy and becAmne dw prufjmrly of Tima Toro MIN rnake MR 4411M I*CtnPiDn whother hrp repawr wny exifshng pan iuir asse"dily I rRIPJAKAf d, tree may use romanutairturw paws for wafirtnty repaws, III C�yclo and L101 flum-toors Battery Warranty,, DOOP r,Vrle gwu'd Llh'Im Von Oaftenes Novo as spiorulriod UAW rwnbeu W kdow'wa hows they CWk dja4vop rlunajg Viek Iffetfaw Opt"WAng, redlumirvOig, Krid "larkintalmalw* 1*01inkpiat can evilmd rw reduiry fiI haffiny I As the battlenes an thrr, pmduicl wria orrTmurned, the arnmovk 0 u5afit( wore bohNeen, OwargOng u'Muweollw MIR skwy Oorrew Umill, VI Ve INNmnly r6' conlIpIotey uNorn oW ReWAfwv,4j'nfrn1 10 worn out b0lehf,w" due I* rw'"mW r"mumption, is 0,14 4'0r'7p'KrnvRxwrY CO the po"Ouo owmef BNefy IOVAawment vyray he reg;40ted dia'Inij I ngamm'[ pw4hArAwanargy pKqflod or ow ne'v's fjqwinso NoW, (Uthivrn-km baftoy wVy)r A LONIuni4on Wavv Ionian a pwrt wiRy prwvWd wananty topkuning year 3 throoph year 5 Ib ed on whe tom, In mr"� v and kdowiM I wW RON,? 41 flut ()krerwofs &rMVUW NO Maintenance Is at Ownor's Expense Engko tunwurp, k0prkgttworUafung and Irg*sKop, rrooxa W rnamwl 0 R11 hats, cooWnt and cwnph'nfing toournmy"wdoid rrviounwanc)a oto srowne (d the mytirrW myrocres Tura prwiUcU irwdiaimwh Iftal are aft Ow owneri expense General Conditions Reparr tj, ain AgaftwuO Tarn DreAntrAw w ICyealef as yout sirRe refriody xoilor Ons waruforr, Nonhop 1ho Toro Company not Toto Warranty Cofnipany ilio HoWs 6Dr Indlimol, In4deftral or 00"IseqU100604 darn ro rommoclian w0lhthe uile of the TOP* PIP04luct"s rrovere'd by this wsrrwntyhu"JuOng any toot of expen," of proOOng subsIllule equk4smont or soirv$ce duiri"g reasonablop pork)ofs *# maKniclJoni ot' non a1490 Pwi 1141149 COMPWOots of ropairs under this wastainty, acoria for "re tirriksatons warranty roleireaced below, It spp#csbW,, thero Is no, othos aqwesio Warranty, AN imoWrl warrairwfies of morchanlabMAy and Rtnoss for oro aim O"Olodl to Ow durallooi of 110% oxioros Is warrainty, S I ome MASS JO not alk"Viow OxfAuslom of hcJdov*W nor cpm%wrs*4WW darnaqvo)% or EirnAWKIns m hilmw kv'Rg "n irmboom,b arsirwanIfy I No the above speck0c; lepk I I you sney afto hilhe WIN" dghN wtfdch wwy from 60,10 10 Vale Note regarding angina warrarI Pro ErrftWons QwOnA SyMani anon yaw PmMM may tw wmwd by a sefwarMe wanwily rnotehng fogumnerAls astrmflMrshod by Me U S, 11 n,vrrw,,n[rrwnWPqrilkwcljon Ageowy pEJAA) androw, php Cafirmnia M ReIwiw(vi Bwwrl (CARB) The krur HoWn brxros W kAh above do torfA apshy N) tho EVYWASIAmis 01")RIArr'A SyOewn WanaWy, Refor to the Enjpne I r0svon Cojffln)d 101mranty Slatemirrl sjuppWilwah ymn prcdmi, air cwtinamd biry "I we onping mmufactwer's dacwrenWbon bDT defols cluslomors I'Volo havor pqxro'hased Tom Prr,%I owprre1*4 rwn Vre LhAwd 504fts rx Canada shnot'd C"A)0400 Vwwr Trxc it Iib (Ir)airimew) I)o rstRalirr gpjlaranlfoe pXftimes ror yore counlry, perwrIwIe, of staiw ff for any r ossm yvrrx we disw4fied wilb wya uir NwAhurm's w"Ar"'o of have ddficufty 0100,M11P9 aryaramov Noufmairion, arnlao 1he parol f Uagxpftw 374-0253 Row C City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 388 of 1360 'TORO PROTEC."'FION PLUS COMMERCIAL EQUIPMENT PiAN rr,JloE k6 "v's k, 6,M,f V r A 11 x(411 FM k Nq 011 N FU ' T, 11 A,4 11 , 114 L 114 II a u11 rn, N1101 IN If W, '0+ 4 A Jv"�(�,f;,� (, r ,,,wU"4 f"11%, RAW, ('0EK 11m Plan vi Tww An 4kslorarwiv pc4iwy, It 6 an "AgmCniwva hwtvva%c,.,n yoki, f1w, Cwoonw, amf 1hV 1`kmrtw Company ar orw of'IN whu�,Iy o" wd wvr affifiaww 14y avceptanoc k,4 flIww Nan, (`ugwrvwir undt,,rswnAJr,, 0wiv arc dioino ruyvw., r- agics, karr1% afta om(hilwm and 111w owwragc rs kyr R'Wro prodtwls' wrpurnrwwld, and w,A 5401PCO h) 3p$"IYV911 4414 wovpwikc by 0)NIVREHENSIVE PROTECTION ALL OPERATIONAL PAWIS, CON1111t)NENTS, ASSUMBLIKS OF THE MACIIINE INDICATED ABOV', irwIlluding,k"Pro nhullafactured opuong, wxvbwkkn�. aind attawhmow's nok rt'quirmg imllependvii Plas coverage piawhawd vvuwh bund hw1Iu(kxJ m ft: Fqiwtpmonm Vhcr, 11iukvafcd sh(Nvc ''"I d"kjw (,Wy w dwsv CNVIUSkyns wolvdwin khe back offlm Now TIRANSPORTATION DENITIT V Cuokylacr wj,wmr�, WAnfpoiruakm F"',krwows thw w lfw tTrcakcWwn of a covered wrnpononk, dw Han wiH pay kip us W f6r knobde xL-rvice niw $0,50/mlte (H)(9) rriflk lnnk) fwsn pilck ujp&4iivany pti mjpah. If' soi;h vharpcs cximckp 0kc twrwM limit, Ckko("Inor %V41 brr�°uprannwrtnikw° f6r VwaOng wy cxmwk Rcrwfik Rates airc submt w clhairlg,cphuvw cryw6uh You ttmwtrrtsarnuwa ("t IkMcr 6kr cw1rew naws f6wmid ru 0tc Tortt Warranly Poky wkld $Inxc,�Vdarc Maniwd DRIVETRAIN PROTEC1130N VNGINVi AH jjww (,cmtairwd w0brn khiv vnginc 14utwwk, vyhvxkcir hvad, 4rwnkcwo w Kw inwor houvng1Gkmw, w,ngmv bkwk, cybn&t head, crarflkcasw m maki�," how,,hq'; &danaged by flic VaLichairrmtf Noalkdowia of' a covemd nooirud park, NfANUAI, OR HYDROSTATIC TRANSMISSION OR '11(RANSAXLKf AH prams woiraviincd walk the or muvwxle iiwdw traosrnison m Ilmnsasdw Cal SC d 41wnagrd by Alec brzakdown of, a coveired wYacmaf parc hydn)"oakrc, 4"Ir hyd.rauh(. rnwspw,, vaNeA and tkwaoo, DRIVE +1XL1 WDRINT ASSEMBJJES. AH parts conikiincx] w4hn dir d6w dxtc Kwsusingw wuJ 4 wh*d d6ve awmhhcs„ khw drrvc' wde lwv[,arng if damagod by k1w, mcdwskud hs'ca1kdxmn ofio covo'cd njfarnuah paxs� hydralubc d6yw jwlrnps, wakcs, su,0 Urk(m "'In'd t1uww,(, Y,,Wch ary auAO[wd t�'J, d ratols Worpo" t"If aw mlwW�w, TUANS)"(WTATION 16EAE11T° If Cusnmner wcuo, Expenses due up the nkKIwinwal tares kdawn sad vovortJ omqwncia, rtbv Man widt pay up to $77 f6k wwybdc *"vicc m 030/PrOv,! 1, W00 milk hni�w,r tbr jpwkopsdchvrry pirr rcPailK, ff wx-h w;Iuavcs Cwvcd ffic ht.,ndh hpnrr, Custolmo will be lrcipwnnnwwrt46an for pq0q; awp w,,Xxcss, 13cirwokil Ymv� arr xulItecl %� Oiwng�-11)Wst corwuh Your D�,,aiHbrwx kvr []Nmdwr fiw vtllffeM, U,'"tS ft)USA, iM qN' TOM WOMMIN KkWy 111W Nnor"dkoc TORO 11NOTECTION PLUS, 11 „ 0, Box 15 163 4, I'Vift'vi'al, WS, "24.5, Custarwr Svrvlev. tVjggkLL0 qua w °dp r1 Ctalrsw Inquiries: 8001.976 -TORO n8(9)1.9176-8676) A',f% 211)00 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 389 of 1360 BREAKDOWN CON'TKAGEI: line two ("notpiffly a ossa ild ill w4wiAy ommA rww m satins oir affil"JI42 ("TWO) tplat 0 unmit, moloct writiflibulge Cummer for rammilifit cam to wopift rx rtpke# zW lI pil cAmpen ua ov Alumbby of dw covered mad"ire d rewidid dw tr,� 11 bffvlklkwm, A�mrt aidy tig flwf, txdwim ims*d W10%, Of"AAMP'n is Mkod so do sudden x UWAH"mm fAI NO IN; doro=V4 pwt I W awmffibb,✓', M, "ISAW viodmanhip at a Fort, vemmgsh cOxitdtffiwd loth* mmach"Afia ft NVW at g#pWoman d men4poo im: jww4vdizj Ube% swats, u4ing To* prris d Ue kadtdi 1W quabor, oftch Oily 1'"Cludo 1114'roved Wymod 7,64f gemxtd,44m,04 pulz ldwi inorgrAtatil 0 lVailout, U, "fit ItH Wrim d d Plat" b*hvm [him an dig hav d diOlArA, dviough ftTota rvivientypWodf ug OU vindefMa '71, ri, ',,V sister laaiu004 to d* No% cif tal Kilit TN PlAn I W#W MIUM 11W TWO WS01MY 044, Whebw U to Imut il mm mmjpvmj% of timo Toga rftor" lass 62b: II'lit ressup ft end don al' dw RAW1 cty"'rap "ll d uWortft thii TiNo nvam"Ty ammaba Filro W mt rOw"'r 0 VM 0 UNAT (UkRIUTY � cam, ask pfooddod LTY bg plim"Lis %*(sct To M* WOMA"; 11nitr prkt, ex U5,000, ytli idl is W", (17STIONK, R RESPONMMUrIES - 41 al fil kk*f fto flan in forve thil in W%, It* cavoilid lopimm" fmar W iw',A,c#d *I I 1xMintoW by T", If Ctwemo,a poffoduft min MIN11mvilirt, 11 'nCkton rel d senke mum bo manximid, OW's 7,49% fuls'pt dpi dwito id turbami of makamuzo pivitz, lahkou wid'ev oismish In VN 0%lot do dilliv WvWvaq V0%k,0Wqi Pack Wi4 If roqw%04, s copyeof dio I rit,,,ofid oxW pommom lt#okp" moix N flmftsd lio Toro. Thp moired mv%,kAtg ifid bove F, Wewxt of 50 Wiffit i'W' dwin aischmosm 4q4"Wdv,4dw mix bow VA mr EN THE EVLN7 OVA BREAKDONINN, (V,1,U'0)0RNWS7- U" lot t4swimbW flo'st" tapivitim dmo s4wipmem (ton Nato ftw 101's-1 2 C �MIK% yam roomft, bagr for mWoux0i Y a ot mmttdahy 4 'd tem dg4U$d c 004 O#C N%mJff, LV", at 0II& IWAIM W fW#WWKW6V P WW"V 40111*4 P*M 406 0 0004fiS, EXCLESIONS - Or"TRAGI SHALLNOT APPLV : ro, IMIPWI W d auarmw mato Of I I Put if th astskilvvm, Pif ddiNdix I Im arm mr.mod '2 For, iii bsok4ova ;,sws,d tI ftc, dad, vouldiom, 6", ri U1196% Venh;Ud"t, VA0400m, blit, 'A"Imm, fted, vaw ,WdGod For Wablipy amt' donate to pwopirty, iw ir;tvy Kiinvi am of ism Girevalieft, Ukliniximme w law rd am caverld "UpReviR. f. Fiff brekk4yonmundo by rAmoderto mioun, gams, rmj0jj"%*, W,,'k d WIMI d U f640k of W WMWWWA, Of 6A UM LN * tD, VICUICT ICU r.rware-ad *qrim bm ftrfW, ftinimp vlva s, hokdamn timi ot'naT44, 1,. V13mmFor WIhuh II, for do, "pairin't Xuutwsv, a if Toro W aminxiced rowervotdivy tea: 1r pi a jwr recith and or IrWairtiude4m 6, For I rwmAinj fran ift fidwe to masgain pqm Web a k"c'moz lad'orl"DANtL FrAr IOU of WM, aW #, axor"Psi pro m; I oar oU%VtqM%4 9 Wit, 1; F" domar to a c0flived put tol tadw h"W'dint of Mutt of a 1Wx%*og"*4 Pal Of toompol"o 91 FQf UV bViWkINI WCUMN3111400 dW WAX 9rtj,4K ij inWj192jY`V or if ift, hoix Infift tallgow Loapwodwiib W g"96,44 ii) F W amy h 04"40"m csvwd by lvftimmsaxi'm an tolmii ciolon of ftW, todaw ar I utit K wit Vi % igg 11W AP to, RAfts fW oft WIM, rim OU fta ftooloq or ov"hilaing I I �Fa also cato of Yxis wid in tistm dim to kho namid " iiamm m wilaurre afeawANd m The mandatomic in'inn fe I insumo ma fur tho' equigminf, at, rot il, tai'l of 911i 4 smainarwite 12, Fm da, irra" of m1wimrarxturvict ircludro", hx not kimilud ear MMM a". ,n 1,*U=ftt2, 1f%98Cdnff11 Of @%#MVINifflild d% 11030 ptnow of irgreAlIAS Warximl podrmmxt, Slim, iWat ptql, gj*& p4witimi, 0oorouls, misinual, diuchfixals, fVWNtilic off nkha pwshow,4 byidtillogil: two%, rare b4al, uden Aeritived ki cmmAim with Rlh* toper 4 1 fig"1104 pot k ir 0 fthwo sylow povk tMA"atom a, 'tin 'A'V Timm and dnwtt, tal, k sdid wlssyh iewns4c, drat, wed towrt, WX mil baladvit, allaniud r.orsmill Agoomes (,1,H!t6d a Ekciac %yagm Bittiffin riat wcbdem, bwery I Oil fmzig plop Wa6s, amunul dsman, 01 Al filrdo'k U%Un rWp*@,d w '".00mcgon "wob durevs id a C Wme'd Pit", km, Im neigh mem, dttet vietil minamazaaart, mddl paoili, #mo LED&LICDs, t=Vl imaok thm, mts ororemwa a, ar fdxft� w1alt mpsid in COW*4 ilotivids IN il"4,1 of I pm 0 For ib* oxm d'puto duj*ng eqtiplimort malm,. rAr mast aM txAd 16, 7 rawl or manwwaftill Cam ex I abe Mon beft4i TRANSFER FRMISION: co%ware OWYN usnOttrod r* avy ms^n ovoof %A%Wwdomo, mw alas Kim opvco, stft�*a to q'slialom appo"ria W f or S30 rits ch"gipas ov"'Wi4imp of on q4%m Ux m ula Wi fqmiv d to M R C) PR I C TIC N PLUS Aftirm iav m wi t� 4 5, 144 1 d onam dW "N(TL,LNTK)N PRIDNIS110N. 7, 1% 1 01 an a% IF b@ cam tZ @,d by the C UUM i4m, # "ins, ""Tines rAIMU's Ul ft rina DiW, AWA,Df ars ¢, nJ,Jwj ift, CMlkCdt=,) gi e kal kv pff Ich vt It"I doo oviou of WK401kan" dot &%ftbaox V411 vomid d"be trgol P10% wkw clkagnt4 mew is Pm-Ritm wedwid r4ecetil rN, dai fince, ion wyyplix rAmiz as A rn kwoolot, sovico rhole ?4 U0 OV401cho'm Tt rowroe), !WOO 00pomist rxdihNod �yliw, Pso ftyn% flocio rxi, eai fro% thol Toro Vlovuv�,, stut Do* liw.soil z fb* ffml a fts 000 "du WiKitivit cowdlonon *40, doolon"W 00 dil Plan tavo loeftl flooKod ftau#u is 10rAft W,4 I did'oukto 0V I opsiv, vex o4gw ag No allot waaw, aa rosic fewTvit'lthe view, to f0a 1 10 61 MA loo vanden the stous UrAki dis Not to thffiN t @n*1 Rm if D MD !a City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 390 of 1360 d. Describe in your offering if you currently have or are in the process of developing Hybrid and/or all Electric equipment. Alternative Fuels A number of years ago, The Toro Company saw the need to evaluate and approve the use of biodiesel fuels in our products. We conducted an extensive, multi-year test program to approve the use of biodiesel fuels. As a result of the testing, all Toro diesel products are approved for the use of B20 fuels. We made the necessary changes to the machines that allow the use of that mix. We are willing to work with specific customers and allow the use of B100 fuel is special situations. The machines will function well on B100 fuel but some caution must be taken. Cold temperatures can cause the fuel to jell. It is also necessary to change fuel filters on a more regular basis. We would be happy to work with you to use B100 fuel successfully. Propane is another choice that we offer on a few products. Properly designed propane powered products can be a good choice. We have engineered the products to have the correct engines and fuel systems so that they perform up to customer expectations. Propane requires convenient access to a fuel supply. It is also a less dense fuel that is typically stored in cylindrical tanks. The product range is somewhat less than an equivalent gasoline powered machine. Propane powered machines also tend to struggle a bit in cold temperatures because it is necessary for the fuel to vaporize. If the customer has a readily available supply of fuel and the site and use practice allow, propane can be a lower cost and lower carbon impact choice. With the full implementation of the Tier 4 final EPA emission requirements, all of our products are in full compliance with the applicable rules. These products work very well and have lower emissions and somewhat improved fuel economy. Fuel Efficiency One of the ways to reduce the impact of the product is to improve the fuel efficiency, essentially increase the "mileage" of the product. We have done some extensive studies on how fuel is used and have identified some improvements that we have implemented. We have implemented a technology that we call SmartCoolTM. It more actively decides when it is necessary to run the cooling system on the machine. This reduces fuel consumption in two ways. One, it does not waste energy to run the fan when it is not required. Secondly, it allows the machines systems to run at optimum temperature again assuring fuel is not wasted. This technology can save up to xx% We have also implemented a technology that we call SmartPowerTM. In order to make sure that a product meets customer expectation, it is necessary to make sure that the machine has more power than needed in all conditions. As a result of extensive studies of machine usage, we found that the peak power demand were very short duration and were only in special situations. These peaks caused us to put a larger than necessary engine on the machine resulting more fuel consumption. SmartPowerTm actively manages the power demand by monitoring the inputs from the operator and clipping the demands by not allowing the machine to exceed it capabilities. This allows us to utilize a smaller, more fuel efficient engine. Machine performance on machines with SmartPowerTM is equivalent to machines that do not have the technology with lower fuel consumption. This feature allows an inexperienced operator to be more productive than a seasoned veteran. The new GM590015910 that was just made available to the market delivers improved horsepower efficiency through innovations to the hydraulic systems, the electric cooling system and cutting system improvements, which reduces power usage. Because of these innovations, we have a demonstrated up to a 30% improvement in fuel consumption. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 391 of 1360 Hybrid Electric We see a lot of opportunity to use hybrid electric technology to improve the fuel efficiency of our products. Hybrid electric is beneficial when the peak power requirements are substantially larger than the average power. We have two products that are currently available. One Triflex Greensmower and a fairway mower known as the 5010H. Both products are true hybrids that have engines that charge batteries and power the implements with electric drives. The electric drives are designed for this application to be substantially more efficient than the drives that they replace. We have implanted a creative technology that we call PowerMatch where the hybrid power system decides if the energy required to accomplish the task comes from the engine or the batteries. The net result is 20% fuel savings. Hybrid technology has potential applications to other products in our portfolio that are currently in development. All Electric Products We have been looking at all electric products for many years. Toro holds some of the original patents on electric mowers that date back to the 1920's. The fundamental challenge is that it takes approximately 800 pounds of lead -acid batteries to be equivalent to a gallon of gasoline or diesel fuel. As a result, it is difficult to get the performance that customers expect or that provide the run time that is needed because it is not possible to carry enough energy in batteries. Battery technology continues to improve both in performance and cost. As of today, we have developed and offered for sale a eFlex® Greensmower® that utilizes state of the art brushless DC electric motors and advanced Li-lon battery system. The battery City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 392 of 1360 is designed to last for 5 years and provide sufficient runtime to mow the expected number of greens and to power the key desired accessories such as groomers and lights. New to the market is the Workman GTX electric, which has extended range over its predecessor We have and continue to look for new applications of all electric products. It is very important that we understand the demands of the application and make sure that the components are appropriately sized for the application. We need to make sure that we provide adequate power (torque) for peak demands and sufficient capacity and cooling for the required runtime. We believe that we understand the customer needs and expectations so that our all -electric products now and in the future will be desired because they are superior products. We are in the process of developing additional electric products (and hybrid electric products) for release in the near future. Hvdroaen Fuel Cells Hydrogen fuel cells are one of the emerging technologies that hold a lot of promise for mobile applications. They were invented in the 50's and 60's and one of the first high profile applications were to provide electrical power and water to space craft that allowed us to go to the moon. The first flight of fuel cells was Gemini 5 in August 1965. The explosion in the oxygen tank that provided fuel for the fuel cell and oxygen for the crew was the cause of the disaster in Apollo 13. Fuel cells are desirable because they provide efficient electricity and they are refuelable vs rechargeable. We have prototyped a number of fuel cell vehicles to both demonstrate the potential and to identify the design challenges. We picked two of our product platforms to work with a triplex GreensmowerTm and our mid -duty and heavy-duty utility vehicle platform. All of the products resulted in very serviceable products that were equal to or superior to the engine driven platforms that they replaced. We knew we were on the bleeding edge of the commercialization curve. The products were highly functional but were high cost and fuel is not readily available. The turf maintenance market is not large enough to enable commercialization of the infrastructure. We can however utilize shared infrastructure. We developed and deployed a demonstration of the hydrogen vehicles that was supported by the New York State Energy Research and Development Authority (NYSERDA). We developed and deployed in demonstration 4 vehicles at Niagara Falls State Park, Albany, Hempstead and Bethpage. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 393 of 1360 Appendix Toro Fuel Cell Powered Heavy Duty Workman Utility Vehicle Dimensions: 128" x 65" x 76" (L x W x H*) * Incl ROPS Weight: —2000 lbs (est) Max GVW 4250 lbs Payload: 2250 lbs total (1850 lbs bed, 400 lbs passengers) Towing: 3500 lbs (w/ trailer brakes), 1500 lbs (w/o brakes) Bed: Hyd. dump, latching tailgate, stake pockets, 20 cu ft Top Speed: 20 mph Seats: 2 Tire Size: 20x 10— 10 (Front) 24 x 12 — 12 (Rear) Construction: Steel frame, steel bed, plastic hood and body panels Suspension: Coil Spring (front) Leaf Spring (rear) Storage: Glove box (open) Controls: Power steering, accelerator pedal, brake pedal, park brake, F -N- R, Hi -Lo range, diff -lock, bed lift, key -start, light switch, horn, cruise control, supervisor switch. Gages: H2 psi (fuel), hours, LCD info -center, indicator lamps Fuel Cell: 8 kW PEM, Hydrogenics Operating voltage: 48V nominal Motor/Controller: ACIM, 600 A Buffer -Hybrid: 4 x 12 Lead Acid batteries Tank Pressure: 5000 psi (350 bar) Tank capacity: 74 liters (1.8 kg) Range: Estimated —80 miles/tank? (TBD) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 394 of 1360 Toro Fuel Cell Powered Mid -Duty Workman Utility Vehicle Dimensions: 120" x 59" x 50" (L x W x H) Weight: 1600 lbs Payload: 1200 lbs total (800 lbs bed, 400 lbs passengers) Towing: 800 lbs Bed: Hydraulic dump, latching tailgate, stake pockets Top Speed: 16 mph Seats: 2 Tire Size: 22 x 9.5 - 10 Construction: Steel frame, plastic bed and body panels Suspension: Rubber elastomer (front)* NA (rear) Storage: Under seat, under hood* Controls: Steering, accelerator, brake, park brake, F -N -R, bed lift, key -start, light switch Gages: H2 psi (fuel), hours, temperature, info -center* Fuel Cell: 8 kW PEM, Hydrogenics Operating voltage: 48V nominal Motor/Controller: Brush DC, 500 A Buffer -Hybrid: Ultracapacitors or LA batteries* Tank Pressure: 5000 psi (350 bar) Tank capacity: 32 liters (0.8 kg) Range: Up to 55 miles/tank City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 395 of 1360 Toro Fuel Cell Powered Mid -Duty Workman Utility Vehicle Dimensions: 120" x 59" x 50" (L x W x H) Weight: 1800 lbs Payload: 1200 lbs total (800 lbs bed, 400 lbs passengers) Towing: 800 lbs Bed: Hydraulic dump, latching tailgate, stake pockets Top Speed: 16 mph Seats: 2 Tire Size: 22 x 9.5 - 10 Construction: Steel frame, plastic bed and body panels Suspension: Rubber elastomer (front)* NA (rear) Storage: Under seat, under hood* Controls: Steering, accelerator, brake, park brake, F -N -R, bed lift, key -start, light switch Gages: H2 psi (fuel), hours, temperature, info -center* Fuel Cell: 5 kW PEM, Nuvera Operating voltage: 48V nominal Motor/Controller: Brush DC, 500 A Buffer -Hybrid: 4 x 12 Lead Acid batteries Tank Pressure: 5000 psi (350 bar) Tank capacity: 32 liters (0.8 kg) Range: Up to 55 miles/tank City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 396 of 1360 e. Indicate if any of the equipment you are offering has received any awards or nominations for excellence. The Toro Company received the Gold Medal for Innovation, awarded to the Reelmaster 5010- H at demopark+demogolf 2015. The Toro Company is the leading "smart" irrigation manufacturer, having receiving multiple accolades and awards from the Irrigation Association®, the EPA, and others, for its innovative and water -efficient products. Some examples of unique Toro irrigation products include: Precision TM Series Spray Nozzles with patented oscillating stream technology that delivers water savings of up to 35 percent when compared to competitive fixed spray nozzles; the T5 RapidSet® %" gear -driven rotor and its patent -pending tool -free arc adjustment feature; the cutting-edge EVOLUTION® Series irrigation controller and its multiple wireless add-on devices that enable performance advances, such as web connectivity, soil moisture sensing, and automatic weather -based schedule adjustments; and a full line of drip irrigation products, such as DL2000Tm dripline and its patented ROOTGUARD® technology that allows it to be buried below ground to virtually eliminate evaporation and runoff. The Toro GrandStand MULTI FORCE was a new product award winner in the May/June 2016 issue of Landscape and Irrigation's "Twenty for 2016 New Product Awards". The award recognizes the GrandStand MUTLI FORCE as one of the standout new products to hit the market in 2016, based on innovation and application within the market. Toro GrainidStand Multi Force Toro is bringing four -season versatfity to Its stand -on mower line vArh the ah -new GrandStatwd Multi Forre fe>alruring a BOSS snow plllowv atfa,chrnent. The new naodirals allow operators to switch betwrseen a niovmtng crock and a snowplow with a sinapfe change of a attachrnaearrts. PUfecf for clearing srrrava fretlat sidewvafks the GrandStand Multi Force ns equipped wwith a movable raster assembly that shortens the flame to maximize fill performance at e ache attaachtinent 'T his makes, the machine nn ow maneuverable and effective for removing snow. In addlisomu„ onco.Tcro's Ouiclr AItach Syrsten'w i s set up, userscan swwltclr from 'a m m ing deck to a srtowdloww in minutes. Attachments for the Grandstand Multi Farce connect to a Fo wer Nal llla9t is able 10, lit mwo than 18 inches, allowing an operator to push snow, tip and over curbs, The Grandstand Multi Frrrce ;also offers all the advantages of Toro's traditfaawal GrandStarad sfaarid•on mawmer, ancludirq a laalfe, casnmfurtalsle oparalor platfonrl, ww'iitw aar'oaoollu su4aeusirrrr, outstanding vlsil lhly, and a. surraller foutlprint that's easy to transport, ttotlu new m udels are equipped wvuth "Toro's 7 -garage steel Turbo, Force mowing deck wvlrlcta deliverers a pristine atter-runt appearance, tett f. Describe how the innovation and technology of your equipment differs from other equipment in the industry. GM3500: Sidewinder® patented feature The Sidewinder cutting units shift left and right a total of 24 inches (61 cm). This increases the cutting unit overhang for precise trimming. The tire tracks can also be shifted within the mowing path to reduce wear on the turf. GM5900, GM4000, GM4100, GM4500, GM4700: SmartCoolTM System SmartCoolThe hydraulically driven cooling fan automatically reverses to blow off chaff buildup on the top and rear air intake screens. The reversal is triggered by rising coolant temperature, hydraulic oil temperature, or air intake temperature. Toro.com/5900 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 397 of 1360 GM360: QuadSteerTM Unique Quad -Steer all -wheel steering means you can turn on a dime without tearing turf, enabling mowing around fence posts and other objects, even on slopes, in one pass. GM5910, GM4010, GM4110: Factory installed safety cab, competitors have cabs installed by distributor. The factory - installed cab unit includes an integrated four post ROPS, and provides an exceptionally quiet and comfortable environment for the operator. The low profile air conditioning and heating unit is built into the headliner of the cab for increased clearance under trees and storage areas. The front and rear windows open to allow fresh air to the interior of the cab and a front wiper and washer keeps the windshield clean. GM7200: Polar Trac system, only zero -turn mower that converts to a winter tracked snow and ice removal/treatment machine • Converts the Groundsmaster® 7200 into a snow removal machine complete with two rubber tracks and a climate control cab • Track tread is designed for slick ground such as an ice rink • Switch between snow attachments in minutes • POLAR TRACT"" attachments: snow blower, rotary broom, angled snow blade, and v -plow GM5900: InfoCenterTM The onboard InfoCenter monitors and displays machine functions to help keep diagnostic time down, and operating hours UP. Groundsmaster 5900 and 4000, Bi-directional impact absorption on winq decks up to 5 mph. Groundsmaster 4300 and 360 -4WD: Cross Trax all —wheel drive Reelmaster 5010H Hybrid Fueled Reel Mower Patented PowerMatch technology — the first true hybrid system in a mower that smartly varies and seamlessly matches the power needed from two sources for traction and mowing depending on the workload encountered. The self -charging, 48 volt battery pack is the same type used in the auto industry, and is paired with a more fuel efficient, 24.8 hp diesel engine that results in fuel savings of 20% or more compared to similar mowers. EdgeSeries Reels Reduced maintenance through improved edge retention (resulting from use of more advanced reel blade material and improved design geometry). GeoLink Precision Spraying System The first turf -based GPS spray system, with individual nozzle control and centimeter -accuracy that ensures only the target area is covered. The GPS system reduces operator error, monitors area treated and tracks chemical usage, resulting in savings of 14% on average. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 398 of 1360 ProCore 648 Rear Wheel Placement The unique design places the wheels in front of the aeration head so adjacent passes can be made without running over cores or freshly aerated turf. This prevents damage to the turf and the fresh holes. Eliminating crushed cores makes cleanup easier, which in turn leads to a more efficient aeration process. Series/Parallel 3WD Patented system that improves traction by maintaining power to the wheels. This leads to improved performance on undulating turf and more consistent hole spacing. TrueCoreTm Ground Following System System enables consistent hole depths of up to 4 inches to be achieved. It automatically adjusts the aeration head to maintain the desired tine depth on undulating turf. This leads to a consistent aeration result and uniform turf conditions. RotaLinkTm Tine Guide Mechanism Ensures tines remain vertical as they enter and exit the ground. This produces consistently clean holes for better looking turf and easier top dressing fill. Precision Balanced Drive System Drive system is modeled after a 6 -cylinder engine with precision balancing. This configuration eliminates hopping, rocking and uncomfortable vibration. This leads to less operator fatigue and discomfort, while providing a more productive aeration experience. ProCore 864/1298 Tine Guide Mechanism Ensures tines remain vertical as they enter and exit the ground. This produce consistently clean holes for better looking turf and easier top dressing fill. Precision Balanced Drive System Toro's precision balanced coring heads provide exceptionally smooth operation allowing the operator to run the unit in the up position. This simplifies operator interface and improves efficiency. Articulating Coring Heads (1298) The ProCore 1298 features two independent coring heads that articulate for exceptional ground following. ProCore SR Series (deep tine) Hydraulic depth control Allows operator to easily and quickly adjust aeration depth on the fly from the tractor's seat Intelligently Engineered Unique geometry of the aerator maintains tine -to -turf engagement angle as depth is adjusted. This provides consistent aeration across the depth spectrum without additional adjustments GreensPro Rollers The overlapping smoothing rollers deliver uniform roll across the entire machine. Competitive models do not have feature resulting in a strip of unrolled turf between rolling heads Integrated Trailer City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment W Solicitation # 2017025 Page 399 of 1360 The GreensPro features an integrated trailer allowing for simple and fast transport. Many competitive models require a separate trailer which makes transport slower and often requires flat ground for the roller to be dismounted Familiar Steering The GreensPro 1200 is controlled by a steering wheel which is familiar to most operators. Other rollers have a variety of steering techniques providing a steeper learning curve and can challenging and less safe for new operators. ProStripe 560 Simple Height of Cut Adjustment The cutting height on the ProStripe 560 can be adjusted via a single lever. Competitive models feature three points to adjust cutting height which is more complicated and more likely for error Split Rear Roller The ProStripe 560 features a split differential allowing each half of the roller to move independently. This feature provides two key benefits: (1) It helps protect turf from scuffing in sharp turns; (2) It provides the needed flexibility for the ProStripe to mow a wider variety of locations competitive models cannot easily operate. MP ER00 • Exclusive 6 Diaphragm Pump provides not just the pressure but also the proper volume needed to maintain proper application rate. • Elliptical chemical tank with side agitation nozzles — together with the 6 Diaphragm pump creates a rolling agitation action in the tank for a homogenous mix and also has the benefit of exceptional chemical mixing capabilities. • Tri Truss booms with impact breakaway feature protects nozzle turrets and nozzles from damage. • Exclusive Ultra Sonic Boom accessory kit that automatically maintains the proper 20" boom height, maintaining proper application rate. • Available chemical loading Eductor kit that lowers down to waist height for safe and easy loading of chemicals. • Exclusive available chemical tank Triple Rinse kit that automatically triple rinses the inside of the tank. The system can be operated while the machine is being driven. Workman GTX utility vehicle An unequalled combination of comfort, versatility, power and control make the Workman GTX simply superior to competitive utility vehicles. • Comfort: incorporating a split frame and gimbal joint which isolate movement away from the operator while keeping the bed stable. This class -exclusive feature increase comfort, reduces operator fatigue, and increases safety by keeping all four wheels solidly on the ground. • Versatility: Featuring hundreds of configurable options that include front and rear attachments, including trash can mount, hose reel, walk spreader mount, four and six foot flat bed options, and a bed rack with easily customizable attachment points for string trimmers and other tools. The Workman GTX can also be stretched from two to four seats with an extension kit. • Power. choice of either 429cc gasoline engine or 48 -volt brushless A/C electric motor provide the performance to tow 1, 000 lbs, ora total vehicle capacity of 1200 lbs. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 400 of 1360 • Control: Class -exclusive hydraulic disc brakes give reliable and consistent stopping power, while the coil -over shocks deliver a smoother ride, minimizing operator fatigue. Workman MD utility vehicle SRQTM - Superior Ride Quality SRQTM combines a coil -over shock absorber suspension design with the Active In -Frame TM twister joint. Front suspension is Independent A -Frame design with coil -over shock absorbers. Rear suspension is Swing Arm design with coil -over shock absorbers. Benefits include operator comfort, safety, reduced operator fatigue, and productivity and efficiency gains. Active In -Frame TM Twister Joint The innovative Active In -Frame TM Twister Joint allows each axle to react independently to the terrain. The result is the smoothest ride over the most undulating surfaces. All four wheels maintain constant contact with the ground for better traction, stability and less potential turf damage. Operator/Passenger Platform Extended front frame for additional legroom to enhance SRQTm benefits of operator and passenger comfort. Payload Capacity The Workman® MD Series utility vehicles have the highest total payload capacities in their class for maximum productivity. Get more jobs done in less time. MDX/MDX--D - 1,650 lbs. (748 kg); MD - 1,250 lbs. (567 kg); MDE - 1,200 lbs. (544 kg) Rugged Body Styling New rugged injection -molded body styling. Latch opened hood design for ease of access for technicians. Durable Plastic Cargo Bed Double -walled composite bed can withstand the elements and heavy loads, and won't rust or dent. Workman HD Series utility vehicles Tough Frames The Workman® front space frame design is multi -dimensional or truss like, providing superior strength and torsional rigidity in rough terrain. The rear frame uses a C -channel design to provide superior strength in hauling heavy loads. On Demand 4 -wheel Drive The Workman is available with an on -demand four-wheel drive system that delivers surefooted traction in forward and reverse, without damaging your turf. Front Impact Bumper A specially designed composite bumper with seven (7) energy absorbing crush zone cones protects the Workman to withstand impacts up to 3 mph (4.8 km/h) under full load with no permanent deformation. DeDion Rear Axle The DeDion rear axle design is an automotive technology which isolates the engine, transmission and main frame from all load forces, eliminating stress to these main components. The 1 -beam design provides superior ability to handle vertical loading, exactly the reason 1 -beams are used extensively in the construction industry. Ride Quality City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment W Solicitation # 2017025 Page 401 of 1360 Independent front suspension consisting of two double A -frames with opposing dual coil springs and dual shock absorbers provides 5.75 in. (14.6 cm) of front suspension travel. Rear suspension design consists of DeDion rear axle and dual independent leaf springs and shock absorbers to provide 3 in. (7.6 cm) of rear travel. Benefits include operator comfort, safety, reduced operator fatigue, productivity and efficiency gains. Disc Brakes 4 wheel hydraulic disc brakes provide greater stopping power and easier servicing than traditional drum brakes. Payload Capacity The Workman® HD vehicle provides the highest industry total payload capacity up to 3,002 lbs. (1,364 kg). Pro Force Blower Wireless Remote Control Start or stop the engine of the blower for complete operational control. Adjust engine throttle up and down for high to low RPM range of operation. Rotate the nozzle 360 degrees in either direction. Efficient Turbine -type Fan Assembly Design Greater air flow to move debris further and finish the job faster. Durable Nozzle Single piece rotomolded plastic nozzle is more resistant to damage and is more durable for lower repair costs and less downtime. Electronic Governor Coupled with functionality of wireless remote control, the Kohler® electronic governor allows the operator to have precise engine speed control. Fully Enclosed Exhaust System Muffler enclosed in protective cage for increased operator safety. Heavy -Duty Trailer & Tow Hitch Height and length of tow hitch are adjustable to accommodate different towing utility vehicles. DOT approved trailer also available. Rugged Construction Rugged construction, including 1/4" (6 mm) steel frame, provides years of trouble-free service. g. All equipment offered must meet the current minimum Tier 4 Environmental Protection Agency (EPA) requirement. All Toro equipment meets current Tier 4 requirements. h. Describe how your firm will notify customers of new equipment, used equipment and services. The Toro Company proactively markets new product and equipment services when new releases enter the marketplace. This is done by using a variety of communication mediums including microsites/website, national advertising (both digital and print), videos, authoring industry articles, and featuring the new products and/or services at the various industry trade shows. In addition to the exposure Toro directly provides, its Distributors also invest in communicating the new product and/or services by supplying its customer base with Newsletters and supporting demos and/or field days. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 402 of 1360 i. Completed "Sample Equipment Specifications" (Attachment C) See attachment C j. All bidders must submit complete manufacturers' descriptive literature regarding the equipment they propose to furnish in attachment C. The literature shall be sufficient in detail in order to allow a full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being reiected. See Commercial Equipment Guide tabs for specific products from Attachment C K. Submit all information that will aid the City in evaluating your proposal. A unique offering that Toro has is MyTurf maintenance tracking system. MyTurf is a web based system designed to allow you to track the Cost of Operating your fleet of turf equipment. Product information is loaded into the system and then when you have a maintenance task against that product you can track costs. This is a great tool to make business decisions as to whether to repair or replace a product. For your Toro products, the system gives you dynamic real time service bulletins, operator manuals parts catalogs, ordering availability and product schematics. MyTurf also allows you to use our Wireless Hour Meters that automatically update the system with the hours of operation of each piece of equipment. When the hours of operation reach a point where a maintenance procedure needs to be performed you will receive a notification. This helps assure that regular maintenance is not overlooked and extends the life of your equipment. Services a. Provide a detailed written response illustrating how your firm or the authorized dealers will provide services to meet the requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope Work outlined in this solicitation. For each proposed category, describe and/or provide details explaining your capabilities. In your response include information such as: b. Provide detailed information explaining your service capabilities. Toro utilizes our channel partners to provide service and support to our end user customers. For our Commercial division we have 22 distributors in the United States with many satellite offices to meet your needs. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. The Toro Company provides technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warrantee issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customers opinion of our service and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. Here is an example of a some of our processes and reporting. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 403 of 1360 Customer Buying Experience (CBE) — Work Flow Process E Customer Receives emails .2 Purchases Toro for CBE Submits survey via rn 7 Product experience survey email U Respond/ Distributor submits acknowledge to invoice data alerts and view i through dashboard/ rn connectivity scorecard T C Pulls monthly c6 Connectivity data registers batch registrations Pull same the customer for CBE 6 week batch for CPE 6 product email survey. 5h month survey 2 of each month O H N O TACReporfing— rn O Rec. foal report/ U U apply rules/submit O to Customer5at O H c6 O Customer5at Submits email Receives Sends alerts and updates 0 receives data surveys. customers feedback dashboard/ V) scorecards 7 U City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 404 of 1360 drlwy h'ureiiid t wwMRlymi r i ffort a,::or CES Key IRi:wpd -N"NIFIS & *'ie Net Prorrvater Score K y N"'rein{tvies aIIII Safis�Nwba�.dwi s�IX: 9:.3. 94Uf IX SAE R IXS1 1 Q7ueA'.ull 5.m'ti5fiarvticry hfl' F'Ixed right ppr.,,'na!'.ourvn trove Asea i, plmacti�,e na"f QS&Jge..d le a:b ymu �60 IXAiS IX:S6e IX:SRI 'a.96R 8999 5A]S 5.bnl 5.091 9..129 ffia{i srfaotlusry c. Provided detailed information explaining the service capabilities of your authorized dealers. Simpson Norton's service area covers the entire State of Arizona, New Mexico, Las Vegas, NV (Clark County) and parts of western Texas including El Paso and surrounding communities. Simpson Norton has a fleet of in -field repair trucks that will perform repair services on equipment at job site for both warranty and non -warranty repairs. Our Goodyear facility staffs seven full-time service technicians and staffs two full-time service technicians in our Las Vegas facility. Simpson Norton has two full-time in -field techs that reside in New Mexico. All Toro's Commercial distributors nationally have similar capabilities and resources. d. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty- four (24) hours? Our distributors may offer a variety of maintenance programs depending on the need of the customer. These range from Time and Materials type services, Preventive maintenance contracts, Full Service maintenance contracts thatinclude preventive maintenance and repairs. These programs are priced based on the specific needs of the customer, equipment age and condition. The distributor can provide pricing for these programs on a local level. Our distributors try to accommodate customers with a loaner when equipment is down. e. Describe your preventative maintenance program (PMP) for each of the sample equipment (Attachment A). Provide the expected useful life and salvage value for each piece of equipment. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 405 of 1360 Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. Our experience shows that annual usage for the Southwest part of the United States is about 800 hours per year. Usage of equipment such as utility vehicles and bunker rakes is much less than that. We have included our preventive maintenance schedules and typical replacement parts such as filters and best for each of the pieces identified in Attachment C. As far as useful life and salvage value, there are so many variables that go along with this that it is difficult to provide information. It is dependent on how you operate the equipment, the conditions in which you operate and the maintenance practices performed. We will note that Toro equipment typically has a higher residual value for off -lease items than our competitors. Describe your training programs. The proposed training program shall include but not be limited to: 1. How will equipment training be conducted? The Toro Company offers in-depth factory training at a reasonable cost to the end user. This training takes place at Toro's headquarters in Bloomington, MN. The dates vary year by year. Simpson Norton's salesperson can discuss these offerings as they are made available by The Toro Company. Local training is offered by Simpson Norton and the educational content varies depending on the end user's needs. Group training is offered by Simpson Norton each year. Dates and cost of training vary from year to year. Simpson Norton offers training Monday -Friday during normal business hours (excludes holidays). Certificates of completion are issued to each attendee after completion of training classes. 2. Describe the training curriculum for the equipment operators. All new and used equipment delivered to the customer includes one-on-one or group training provided by the salesperson and service staff. Operator safety training for all product is offered in one or more of the following media: DVD, online video or paper manual, and provided with each new piece of equipment. 3. Describe the training curriculum for the service technicians. The Toro World Headquarters offers factory training, including a Turf Technician Course. Topics include the following: • Cutting Unit Technology: Cutting unit set-up and adjustments • Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting and testing • Tier4 Engine Systems: Overview of why and how they work • Spray Systems: Components, operation and calibration • Preventive maintenance systems, myTurf, TLC, Parts, and Toro Information Systems • Open forum and a tour of Toro's development and testing labs Local training is offered by Simpson Norton and the educational content varies depending on the end user's needs. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 406 of 1360 4. How will you accommodate various work shifts? Simpson Norton offers training Monday -Friday during normal business hours (excludes holidays). Additional arrangements can be accommodated upon request. 5. What type of documentation is provided with the proposed training? Operator manuals, repair manuals, etc. are provided with each new piece of equipment. Certificates of completion are issued to each attendee after completion of training classes. 6. Is a "train the trainer" program available? Is this training different than the regular initial training? Can training sessions be recorded for future use by the agency? A train the trainer program is not available at this time, but is actively being considered. In the meantime, arrangements can be made to accommodate this training upon request. g. Submit all information that will aid the City in evaluating your proposal. In order to provide the best customer service possible, distributor technicians undergo a rigorous training program consisting of online learning and practical hands-on exercises. The below curriculum is currently under development, with distributor service technicians completing portions as they are introduced. � 00 O� e, 05 �G `�� `,\G\ Delivery Ceineiima Cosulmsss Hydraulics Online X X X X X X X Engines Online X X X X X X X Drivelines Online X X X X X X X Electrical Online X X X X X X X 'I' IIa:e OI"il 'In't'at'tiol New Hire Orientation at L ndale Classroom X X X X X X X f')ulmodsa:m't II Iun't'ulmodstm'I'Iiioin Cosulmsss Introduction to Sprayers Online X X Introduction to Reels Online X X Introduction to Rotaries Online X X Introduction to Vehicles Online X X Introduction to Specialty Equipment Online X X li a inds Dun Cosulmsss Hands -On Sprayers Classroom X X Hands -On Reels Classroom X X Hands -On Rotaries Classroom X X Hands -On Vehicles Classroom X X Hands -On Speciality Equipment Classroom X X City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 407 of 1360 7. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc.). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. For Simpson Norton, orders can be called in, faxed, mailed and emailed. Office hours are M -F 6a.m. — 4p.m. www.Toro.com can be utilized to look up parts, parts breakdowns, technical data and documentation (most at no charge). Our myTurf service can also be used for parts lookup and ordering. Requests for tracking orders and order history can be completed by our staff as requested. The sales team can help identify alternative fuel products, etc. b. Describe the equipment delivery process and your delivery commitment. What are standard equipment delivery timeframes? Are there cutoff dates and how are these dates communicated to customers. Typically equipment is setup and delivered to the customer's designated delivery location 4-6 weeks after receipt of purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer's PO are honored. If for some reason a deadline cannot be met, the salesman will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (see copy attached). The customer retains a copy along with a binder including operator parts manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesman. There really are no cut off dates unless a customer is trying to order before a price increase. Again the salesman would communicate this information to the customer. c. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. Invoicing is done daily for all deliveries made that day. Invoices can be sent electronically (emailed) or mailed depending on the customer's needs. Statements are typically mailed, but can be setup to be sent electronically (email). (See attached sample invoice). 8. Other a. Describe any government rebate programs that are offered. State and local governments may develop programs to incent their constituents to purchase alternative fuel products. Each agency would need to inquire with their state or local government agency to determine any current program. Toro will work with each agency to provide the required product for the rebate offered. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 408 of 1360 This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE V -Twin cylinder, 4 -cycle, OHV. Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc) Y N Oil capacity: 1.75 quart (1.8 liter) Y N Cooling: Air (high flow blower) Y N Air cleaner system: Remote mounted 3-phase Donaldson° air cleaner Y N TRACTION Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever. Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge. Y N Main frame: Welded rectangular tubular steel frame construction. Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Y N GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. Y N ELECTRICAL Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N STEERING Hydraulic Power Steering I Y N OTHER CHARACTERISTICS Rear Rake and Frame Y N Ground Clearance: 6.0" Y N Page 409 of 1360 HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE v -twin 4 -cycle, OHV gas, liquid -cooled, gasoline powered engine Y N Horsepower- 28 HP Y N Torque 40.8 Y N Displacement — 69 cu. in. (747 cc) Y N 45.6 cu. In. (747cc) Oil Capacity— 2 qts. Y N Governor type — Mechanical centrifugal Y N Lube Oil Filter — Full flow with spin -on oil filter Y N Lubrication — Full -pressure lubrication Y N Starting System — 12 -volt starter Y N In Line Fuel Filter Y I N PAYLOAD CAPACITY Rated Capacity—approx. 3,295 lbs I Y I N DRIVETRAIN Auto Transmission w/ Electric Differential Lock Y N ELECTRICAL SYSTEM Lights—Two seated high/low-beam headlights; stoplight/taillight Y N No high/low beams. Twin LED headlights Fuel Injected w/ Electric Choke Y N Hydraulic System — 6.8 gal. (25.7) capacity; 25- micron, full -flow filtration; biodegradable fluid; oil cooler standard Y N 16 quart capacity STEERING Automotive power steering I Y N BRAKES Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N Page 410 of 1360 SURROUNDS MOWER SPECIFICATIONS Item ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N 68.5 cu. in. Power = Approx. (Gross) 35 Hp Y N 21.5 Hp Air Cleaner = Dual -Stage With Restriction Indicator Y N Heavy-duty, radial seal air cleaner Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement = 67.1 Cubic Inches Y N 68.5 cu. In. CAPACITIES FUEL = 11 Gal Y N 7.5 Gal ENGINE OIL = 3 Qt Y N 4.25 Qt HYDRAULIC OIL = 3.5 Gal Y N DRIVE SYSTEM Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2-pedal foot controlled; or equivalent Y N Series Parallel 3 wheel drive BRAKES 2-wheel Disc Y N 2-wheel drum Hand controlled Park Brake Y N Closed loop traction system. Y N OTHER STANDARD EQUIPMENT Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three-Wheel Drive Reduce Slip System, 2-Pedal Controlled Y N Series Parallel 3 wheel drive CUTTING UNITS Number = 3 Reel Cutting Units Y N SIZE = Approx. 26" Y N 27" Number Of Blades = 8 Y N Backlapping = Standard Y N CLIP FREQUENCY = 0.126-In/Mph Y Variable reel speed to set clip properly for N the ground speed and HOC. Front Rollers = Grooved Y I N lWeihle rollers Reel Diameter = 7" Y N BEDKNIFE ADJUSTMENT = Reel-To-Bed knife Y N Duel Point Adjustment - Bedknife-to-Reel Rear Rollers = Solid Y N ELECTRICAL AND SAFETY INTERLOCKS DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Standard Control module with diagnostic lights. Neutral start switch Y N Operator presence switch (in seat) Y N Mow / Transport switch Y N Park brake set switch. Y N Page 411 of 1360 Page 412 of 1360 TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N CAPACITIES Fuel Capacity = 7.0 gal Y N Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank Y N DRIVE SYSTEM Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable Y N IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels Y N CUTTING UNITS Number = 3 Y N Type = 11 Blade Y N BEDKNIVES = Lo-Cut, 1/8" Y N Height Of Cut Range = 0.125" — 0.750" Y N Reel Frame Y N Reel Diameter = 5" Y N Blades Shall Be High Carbon Steel Y N OTHER STANDARD EQUIPMENT STEERING Power Y N Gas Shock Y N Double acuating steering cyclinder CONTROLS LED Light Kit Y N Raise / lower mow lever (joystick) Y N Page 412 of 1360 WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 ITEM/MINIMUM REQUIREMENT COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear-mount cross-flow, 7-row, 5-fins per inch, 13 quart (10.4 Y N Rear-mount, cross-flow, 7-row, 6.3 fins per inch, 9 uart MS liter) capacity FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B-20 Y N DRIVE SYSTEM TRACTION DRIVE Full time bi-directional hydrostatic, closed-loop, 4wd Parallel hydrostatic, closed loop system with full- transmission, variable displacement piston pump with servo time 4WD. Forward/reverse in low (mow) and high controls powers fixed displacement piston motors which (transport) range with full-time, automatic traction drive single action reduction planetary gear assemblies at Y N assist (forward only) standard. Variable displacement piston pump with electronic servo each front wheel. Parallel hydraulic flow powers fixed control powers dual speed displacement piston displacement piston motor, which drives mechanical axle in motor drive into double reduction planetary in rear. 2wd in forward (transport) range. front, and mechanical axle in rear. HYDRAULICS/COOLING 8.75 gallon (33.1 liter) capacity with 10 micron 12 gallon capacity 2 micron remote spin-on filter. 19 row, remote spin-on filter. 9 row, single pass cooler single pass cooler with tilt out for cleaning. Y N with tilt out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. OTHER CHARACTERISTICS DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and Y N steering. Charge and deck counterbalance circuits. INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only permitted in low Y N range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. CUTTING UNITS WIDTH OF CUT Overall approx. 109" . Center deck 54". Two 37" Wings all Overall: 132" (335 cm), Front: 62" (157.5 cm), upfront Y N Wings: 42" (106.7 cm), Overlap: 7" (12.8 cm). MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps orY Mows up to 10.6 acres/h (4.3 hectares/h) at 8 mph stops N (12.4 km/h) (assumes no overlap or stops). OTHER STANDARD EQUIPMENT Fight Kit I Y I N 10ptional lCanopy I Y I N 10ptional Page 413 of 1360 FAIRWAY MOWER SPECIFICATIONS Item 6 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine speed control. Y N Hand operated raise/lower joystick for reel raise and lower, headlight switch and pivoting control console. Y N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based. Y N Solid State with diagnostic capabilites for all safty switch and operator present switches. Y N CUTTING UNIT 5- 22" 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air -ride seat Y N Sun Shade Y N Page 414 of 1360 Attachment C - Sample Equipment Specifications This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 ITEM/MINIMUM REQUIREMENT I COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE V -Twin cylinder, 4 -cycle, OHV. Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc) Y N Oil capacity: 1.75 quart (1.8 liter) Y N Cooling: Air (high flow blower) Y N Air cleaner system: Remote mounted 3-phase Donaldson® air cleaner Y N TRACTION Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever. Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge. Y N Main frame: Welded rectangular tubular steel frame construction. Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Y N GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. Y I N ELECTRICAL Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N STEERING Hydraulic Power Steering Y I N OTHER CHARACTERISTICS Rear Rake and Frame Y N Ground Clearance: 6.0" Y N Page 415 of 1360 HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ITEM/MINIMUM REQUIREMENT I COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE v -twin 4 -cycle, OHV gas, liquid -cooled, gasoline Y N powered engine Horsepower- 28 HP Y N Torque 40.8 Y N Displacement — 69 cu. in. (747 cc) Y I N 145.6 cu. In. (747cc) Oil Capacity — 2 qts. Y N Governor type — Mechanical centrifugal Y N Lube Oil Filter — Full flow with spin -on oil filter Y N Lubrication — Full -pressure lubrication Y N Starting System — 12 -volt starter Y N In Line Fuel Filter I Y I N PAYLOAD CAPACITY Rated Capacity — approx. 3,295 lbs Y I N DRIVETRAIN Auto Transmission w/ Electric Differential Lock 7 Y I N ELECTRICAL SYSTEM Lights — Two seated high/low-beam headlights; stoplight/taillight Y N No high/low beams. Twin LED headlights Fuel Injected w/ Electric Choke Y N Hydraulic System — 6.8 gal. (25.7) capacity; 25- micron, full -flow filtration; biodegradable fluid; oil cooler standard Y 1 N 1 116 quart capacity STEERING Automotive power steering I Y N BRAKES Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N Page 416 of 1360 SURROUNDS MOWER SPECIFICATIONS Item 3 ITEM/MINIMUM REQUIREMENT I COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N 68.5 cu. in. Power = Approx. (Gross) 35 Hp Y N 24.5 Hp Air Cleaner = Dual -Stage With Restriction Indicator Y N Heavy-duty, radial seal air cleaner Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement=. 67.1 Cubic Inches Y N 68.5 cu. In. CAPACITIES FUEL= 11 Gal Y N 7.5 Gal ENGINE OIL = 3 Qt Y N 4.25 Qt HYDRAULIC OIL = 3.5 Gal Y N DRIVE SYSTEM Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2 -pedal foot controlled; or equivalent Y N BRAKES 2 -wheel Disc Y N 2 -wheel drum Hand controlled Park Brake Y N Closed loop traction system. Y N OTHER STANDARD EQUIPMENT Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three -Wheel Drive Reduce Slip Y N System, 2 -Pedal Controlled CUTTING UNITS Number = 3 Reel Cutting Units Y N SIZE = Approx. 26" Y N 27" Number Of Blades = 8 Y N Backlapping = Standard Y N Y N CLIP FREQUENCY = 0.126-In/Mph Variable reel speed to set clip properly for ithe ground speed and HOC. Front Rollers = Grooved Y N Weihle rollers Reel Diameter = 7" Y N BEDKNIFE ADJUSTMENT = Reel -To -Bed knife Y N Dual Point Adjustment - Bedknife-to-Reel Rear Rollers = Solid Y N ELECTRICAL AND SAFETY INTERLOCKS DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Standard Control module with diagnostic lights. Neutral start switch Y N Operator presence switch (in seat) Y N Mow / Transport switch Y N Park brake set switch. Y N Page 417 of 1360 TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 VENDOR ITEM/MINIMUM REQUIREMENT COMPLY. EXCEPTION/ALTERNATIVE ENGINE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N CAPACITIES Fuel Capacity = 7.0 gal Y N Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary Y N tank DRIVE SYSTEM Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely Y N variable IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels Number = 3 Type = 11 Blade BEDKNIVES = Lo -Cut, 1/8" Height Of Cut Range = 0.125" — 0.750" Reel Frame Reel Diameter = 5" Blades Shall Be High Carbon Steel I'm W 0 CUTTING UNITS Y N Y N Y N Y N Y I N Y N Y N OTHER STANDARD EQUIPMENT STEERING Power Y N Gas Shock Y N Double acuating steering cyclinder CONTROLS LED Light Kit Y N Raise / lower mow lever (joystick) I Y N Page 418 of 1360 WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 ITEM/MINIMUM REQUIREMENT COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear-mount cross-flow, 7-row, 5-fins per inch, 13 quart ( Y N Rear-mount, cross-flow, 7-row, 6.3 fins per inch 9 auart 8.5 liter ca acit FUEL CAPACITY Approx. 22 gallon 72 liter diesel fuel/biodiesel B-20 Y N DRIVE SYSTEM TRACTION DRIVE Full time bi-directional hydrostatic, closed-loop, 4wd Parallel hydrostatic, closed loop system with transmission, variable displacement piston pump with full-time 4WD. Forward/reverse in low (mow) servo controls powers fixed displacement piston motors and high (transport) range with full-time, which drive single action reduction planetary gear automatic traction assist (forward only) assemblies at each front wheel. Parallel hydraulic flow Y N standard. Variable displacement piston powers fixed displacement piston motor, which drives pump with electronic servo control powers mechanical axle in rear. 2wd in forward (transport) dual speed displacement piston motor drive into double reduction planetary in front, and range. mechanical axle in rear. HYDRAULICS/COOLING 8.75 gallon (33.1 liter) capacity with 10 micron remote spin-on filter. 9 row, single 12 gallon capacity 2 micron remote spin-on filter. 19 Y N pass cooler with tilt out for cleaning. Variable row, single pass cooler with tilt out for cleaning. speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. OTHER CHARACTERISTICS DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, Y N and steering. Charge and deck counterbalance circuits. INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only Y N permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. CUTTING UNITS WIDTH OF CUT Overall approx. 109" . Center deck 54". Two 37" Wings Y N Overall: 132" (335 cm), Front: 62" (157.5 all upfront cm), Wings: 42" 106.7 cm), Overlap: 7" MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no Y N Mows up to 10.6 acres/h (4.3 hectares/h) at overlaps or stops 8 mph 12.4 km/h assumes no overlap or OTHER STANDARD EQUIPMENT Light Kit I Y I N 10ptional lCanopy I Y I N 10ptional Page 419 of 1360 FAIRWAY MOWER SPECIFICATIONS Item 6 ITEM/MINIMUM REQUIREMENT VENDOR I COMPLY. EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine Y speed control. N Hand operated raise/lower joystick for reel raise and Y lower, headlight switch and pivoting control console. N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, Y electronic control unit that is microprocessor based. N Solid State with diagnostic capabilites for all safty switch Y and operator present switches. N CUTTING UNIT 5- 22" 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air -ride seat Y N Sun Shade Y N Page 420 of 1360 Toro Equipment Maintenance Products and Schedules for Equipment In Attachment C. Item #1 Bunker Rake GI' CK SERVICE RIEF'ERENCE. 10t IPRO 3040 & 6040 Model AMI Moidels Serial 011600000011 & Up En01ne Birand ......... 595 Vanguard Engine Cit (Chard K), _7.7NX,s....___ SAE 00 H,,SJ) Engine 011 Fitter .................... . . _......_. 107-7EI7 Hydraaraillc +0r111 fChar1 RN, — .:�, Gal ........ ISO VG 46 Hydroki iic FWer _,,.,,.. $4-0110 Remote Au Filter ...... 108-01111 FuO Futter In-line ........ ... 94-2690 'a iire Rressaaae .., ..... ......... 6 P$A I I'y 5 4h4,iA01 (Front 9. Rea ) *In6eates BdIggs & S'U'naton Pert i~trnrnvber Maintenance Note., -.Lk, :wI°V.V-"oh xi B :a:u^ Iuhuu.uhY'r`.vilo.u�Al I',t;�u�r,uu�1pVt;ul ahrr. if�rrrr ttIM Its � o' tilt mhin:,ru�u swv.iro , , Iir1111r°r�Ilrww° r. �hlwl qac :w .� rrllla %IJI: tAP rJgjIair a i,id w-firoh,7;slt' omhgk Nfl"'r�ypfN m@Y �mT.Irr°f W&y' 'hA�urdmE I',t�� ItkgDO" rris �r�. u4lmrtra mta� I�altl:irri� ��wtrrr�re,�n,u. & ,u!a'r' '1rn"I li rl r.,:r'uov, Recommended Maintenance Seal s NNaailntaw aunce 5erwric:e Maintenance Procedure Ihrr��ew�Il .r$IrMyh l��w AllflrPd MIhV'(F.Ih"1ul,,l I lurJqu hom p�pn" �y�T�V 14b I u ur r'a w (I".Bi1ge 011*,p'llgwlh 6llll. rd til rkA °peJma9V"i w (ho'A Iu p14 h'4n',h kI]6': ldhQ, o;I°hei: V' rIf SII"o91fi V'1111 hb� 11' (1 M 0 I�h M-'Ik r -- IYIv 'AAliu%c tuidh�+v'! ., I�r CT' Mgr dilluac. w d',ii lie Check the glIe ruin r!,uuuw Iwv i.7 ron nit w,. ^IR t , hvIru Ihr, V nr, , rnd hitt �„ „. " Irrtipv f CV it ahwh 1I a 4'9n,;'Btl,;I1V117Mx, I I'y 5 4h4,iA01 " (1 ir'd t'tll" Wo 111110a Vfl„W'O rIwJ 06. A.*h'tl?Homer III If"" ° V9u?r (K hi!, V1194hW (u4V 7w.1 IO -4', I mr'Ee rD�k'tYOa'.4P'll " Vuuu'=;�u ur° 0pa^'A4'-1 14pjrgs'h' a^Tlme�GUV�I@[.d'mne' I I „ 20"), Iauwarhy Rejpl urm ihit wa hillhxn. I aeFv 4+0) ha a.0 lr, h9,4 JJIdh: gV '86Vddf uli' ;7, Replare 1Inr tijfuvI pllu.A . HCpI'xc lhrm iJ6 tlUr~T. tw,nrolrrl�r1 Nurv,uu,,,a lad1°�r�4Y, n tlP�l�rmgru4ntrtil°✓Ptah-mIl4�ul4p�lw4, w ia7u',.'i�19 h hl tlV .p dY Mdl VI},d'tiA 4Vr I'E- X,il. M O I"�k:9F ti'Yl�u+hlU, dhBxy l'I"M1'wU �,i9Q IIgif'�r/I&'u tu.W AIYYu'PI r'�,!U,. Rfl irrNV rY V4ntl 'y--a<.Ol rruhlli' Y30 hu"� taro CVvr� 11w ner'lanav lrwl w7y llmlp +awta,i 1t. Itx4,''er ro youil: t:,cm ,iuw^ OPPTa.luri"w Ma amnil gram ar gNtirm-..11IwtQiPo juerijd%J� a Ixrr�realrrjrr%. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 421 of 1360 Items #2 Heavy Duty Vehicle QUICK 5ER�V'IIC,'E, REFERENCE; WORKMAN HDX MaModlled AIII Models Serial 29•••0000001 8. Up Engine B1'atll CV ......... ......... E&S DailaatEL1 E.ngineOri I(Chart E; ...... 3..5f0s.... SAE, 10yMCIlanehigher Engine Oil Fiillltea... ................. ........... 108-3842'. TI-anS,fllycdlrar10aC 4011 (Chart T,,,...75rgta�,.. UJITHIF Trans+lyd i au19am: Fliilllter ........ ........... 54-0'fl'10 Amir Filter ...... ......... .......... 108-3811 Fuel Filter ... ................. .......... 11:5-7884 FrrJntDifferential (Chart TY....J Mr.,.,..UJITHIF TiIII.'e PreS.Sure .... ............ ....,... ...3'2 PSI q'Ffontd 118 PSI (Realf;p Coolant 7ype. ............ ....4QIs ..... Ethylene Gllycok„'1Ihiater Q5uP5G ntixce •lmur311wrad'e�- Briggs & Stratton (Parts INumber Recommended Maintenance Schedute(s) ,., ... IIR➢d1I+IrJSiUho d+ �A'W N1N'YW tit 171((70 r91a,AfYrt➢, IN Irroaiwor8.. ...., ...., ...., ...., ... i AJrg7 N(rOxrarYll 44fhae fi wa Firm r ... llarw lrw, . k4VJ y4 lie FQI tl 000.. .................. ory SN &Nfhua g0na Rux.,.MP Il wmu. .. V"A'�4yh CDAdNyti n dtltlup..II"," .... .... ... .... .... k4VJ 4lie F ,lkd Ym�0.. ... .... .... .... ... ' 6AII . II'A eidk Ihe ml."w'rhu'im'o+ 01 f 1Ie IuoR1IIRt l 9111eXlf- Afike the bit 10 1wiC^iuO 5 w II'hIY;XII'„k fhw wNfl uwml I mr ry irin Imirlkllllldq iarakIII. R"v.Alla';N4 °I)kr HII,xII NII.III Mfr rulta V,Vndos I'A duo Il mk I Y'tlgNw»II ,,Gy„ ulny *4 dfh«4w� v 11 r„ kllp;'I dwl9 4ufVV�r7 ... ... ...., ..., ...., ...., ... , udM Yw[ IIII 1� fior the IrYf ��, � V`"Vn'Aos�de+ u-d"d�uyVny o' ; JYttGuW luVd�e II Aur�u„Ik kl"r I�r'r ^ ulA h,u:udrdarof. II A ei Ik Uhoa X nu r YIN.ra 1ydr^! 41111 Murd IIn +el Chock th,, o& tvm tll0m, V,,W d1"'✓',: rrurddr 'n, r Ill;dm!M!-II• eich mm,! or chilly 011100 "Pc 1"I IPrr"tatuIn 011")a ',Mrr trr7,ne INhuld VR" o', ' Chu'✓eCh JIP dlµW,,AAVAkf d MO ufd5k4i)& �;yra.,(L, IM. IIA r!vawrtX: .d h�I IT11m r kl n glinearea and ra.nalur C41II¢anl oIni mei loeapl.nuo8yr in, Vlimy p'r,ion di tililwc.:n, u .,k4� 8"IH1IUfN Check tJ !un Ili" 31L !k Mry w'sil"O m1IVAu-14fIi d»`I;` Ch eCh hd� L A' Ik,ryI L,'kk, 001fi{rRYtiIC'08. .... .... H0 khA �l4 NOW d�4IN�VW IR> . , yl l9udr w�doewvA dn'n rfA`u,Q .... ... '�' '�MAi4 N r1a'y ' IiB;yI frNY4R r4i 01l 'asw. All II✓ 916l 1,l�'�„iffuul AM i0rrfu:Vd!k 01'IbIm M - noy;A Mr Nv f,!uWrYtlnyl n IP w!kM�°p^ dl tv II .hlleidk dna II v-m°udlda;in d he flop;^uld d�.,.hjo'Id r> .. II'.huanll,M- e. Ii1111111i uw and Hllld"".'o ................... lWbakik ,IVIrrral+WI"A t Int M*w G1Iri9n1liwF llioc PN`dw'A .. .. .. .. .0 rVd.rR Ntl �E..lYQ vh n'a �rYw d'x �Yw'NI PIGS. ,tl a ngy 'w of I j r�'rw llVM?u 1]1Py qry wup'p'r Py dwwgjkoIII h IIII 11 rl og 16 Ap o,M (n dI;I rlr'b,MA Ill rl&r,�-..,f PIN@^'fN1rrFG'n nrcr Ffe P;ryPN%4 hn'nf hor rIrarkws, I1rAwflna' a, allormnn daIr ,X m I.A '!'ha 1!Pp N .111 KM VIR r.If d � 6r0'1. ovm9l@W' 1n III v y611. rC4 1pai ( X otlm ^111,y -0 } rw!vr Xi) Iolpr pXuau:M Y'u'�w lu:U IOU luarit _I XW n di lrmnkk IluuM"hm. cAtlln. ,X Fq LA '!'lib Y 115411 KtliIN C If Iuw fN I't 111 the IndI,leaa5 m r •oma I o,�cikl, 11:, ¢,erdlv.ln wii¢ te., nu.un r.M dned alknnflu Iveh �X11G Ii".FI !M'tln 9 jIaT.tlmnPl;".M'ihr r uIrehi romaII'%Peo"'117. „N"r`r',W: ',kId p p4o41 d'NruaAq . a nn nrgu{.,n rn 1rsa -,,f 0, VVuoyq,,,, .... .... .... .. Re"PIDC'L IGy� ,III rtilIv. d wviry •Ici) In..'u'"AM ,X ALy ➢„ 'P4*4 G Vlei a µd y 9 ✓"-;6ypI AA. Check eu'k 'h e X r"G Ah"11 5d Mr9 IVM°.gd w anlh, GIwlNxf.odhA- Wm NkkM' ki�rr,'WA IIv,uBur nlaauu ,,. .... .... .... .... .. YPw N" 11 �J Mm Qin wll n'111 ,tl 'Yovayw 11+4 fq+,'YN",M ic" ILI ii'm:l V'Jk" aA 111 9flrrkif.d' �} iWl ry Ki) MM°nIGV's P.Q IIII oP:ln 'I XIIL I flldnk Illlni, MIKE ,X xiovig, IM1 ,ro IyNr 8aae file” Yvm' Il uti ,:AB R tlC IpJlfrwlmlldn Only r.amanupwy `21� ¢11.111 IM tluyLVa I. Qa lMR C'C: IVvd'tde a ally°d .... .... ... s Clanugt 21 Grr;ke twiid. .... .... .... .... .. FA11W,m roc Iloun :) mn41d WnA Inns fillW 'G,�eA' IIM ihe CwLxI1 �vme.9 qNN d nVl n. eunfu.0 ,n r,... ... ,. ... .. r':u m, r aw M ww� iAw ulw rnnue aur oha^ 1 aau— IYIIatn,Nlnr'a Nan�n Ilp City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 422 of 1360 Item #3 Surrounds Mower =11 Q'UYCK SERVICE REFERENCE REELMASTER 3100,1) Model AH Models Seriarl 290000001 & 'Up Engine Brand .................. .......... Kubalzi E ng i ne Oil (Chart M�. . .... 4 Cgs ...... SAE 1501-40 5, H-4 Engine Oil Fillitei . ................. ........... 108-3841 Birearther Element ................. .......... 98-9493 Hydra,ullic Oil Chid RJ. . 3 5 Gal .......... ISO VG 46 Hydraullic Fiftei . .................. .......... 54-0110 Amir Fillei ....... ................. .......... 108-3811 Fuel Filter Spin, 011* ............. ......... 110-9049 (2008 & Jpp Tike Pressure .................. ......... 14 - 18 PSI 4Front & Rear) E ng i ne C otollant. t.5 Gat(..._--. Ethylene Glycol, Water (5050 mix) I Refer to Toro's IpaIrts inianual o Parts 'Jewei for ®Iiia -Diesel ruel filter(pant numbers. Recommended Maintenance Schedule( , s) Maiiiii Servica MpAnli Pracaoilro 11ti 11u1,,T rpi," Iroque tnin rt13 lorque Uie -ehem rtis I" fir"'I It ftmj� 'andtiart ard ismkir, all timlls, tnji I Rmo am 9ne al 11waW 1hre arnfm (raaRirl 11i, 9* tt'ilwAlk" lukil d0,* Ch@6 Inn bra, :Xlzs%um. 504*i�qw;p Yii rw Inn inimi4ciflixg.,kaft mnta-t C N arl- I ho ince flit -,6 wiTiOmm E.h@6 lie hychmAic lirmi, anI naoses "ows 44 Mo M4-th'K.,k, k-nApj 30 da"tit., I Furl 51) incorr, Awf, IXN,410v�, dai�, M"',wi T.:Kx1,ct1xxT.% am du.q4, mud diii 154,j a r howij 40�6 w Y a 51140ark d50 hiow$ 117tani irii ii Troque the gat¢ mm4 W3 Svwrrx rMa a," damniar �,Klli in oxnarle cxhvy ar dilf caildhwxs.� 19,14 PwWit�14 N'ao? wI�wirmKt IIhaMNd M4 hy"'Ir"ACCIP., flla.K 0"&Iha ftati inai andcorrar.hon.% 500r4 401 hex,jir+ kprarim ria ri Ww rzirrstaf, II IN ga yam hydrnt.11ir twil htx,jir@ Ii Me Wri-gi in " mar ax1g, 1.5mx anid dear, ifne fuel lank 11' vm- le"w Rhe kev:in Thl, c,yuld accidemb- rvimn ific tniginit, and ?wrqwmh' inirflim lG,,wxvi,e the k"., fixm'. ihe bf-tb,%cwh CIO may. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 423 of 1360 Item #4 Triplex Greens Mower =I, QUICK S ERVI CE REFERENCE GREENSIVIASTER 3150 Model 04357 Serjail 2209DOOD1 iU 1p Engine IRlrarld ................... ........ B,&S Vanguard E ng I ne Gill (Oh.,art K). .. . ... 1. 75Qfs .... SAE 3,2 SH, S Engine Gill FlIter (Torc) ...... ............. 107-78,17 Engine Gill F111ei . .................. ........... 11492932 HydraLflic Ofl (Chart F�. . ..a .51Gdf ......... ISD % G 46 HydraLflic Filter ................. ........... 107-9531 Air F[Itei ........ .................. ........ *aS4,D18's Air Fi4ter-Safety..... ............ ......... *272490S Fuel Filter hi -line .................. ......... 94-2690 Tire Pressure .................. ......... 8-12 PSI (Fu om) 8-15 PS11 (Rear) "Indlicates, Briggs & Stration Pain NUmbers, Rcommendled Maintenance Schedule(s) PAJ into nwita sdifyrta Imerval Ow rJne Ory qclw a ClneckMe u.41(jf p. ial flie vdle�q nidt' Ate, M.? trsj1K), hrkrs C:;heck Me ur(v'o 01 111le M)6+q filub" Afi,rr R:HJje rj"°A 25, 1I111,kjjn•C.�hal br .r. Ifie enp. aill www fillef. Affir Re 111"Alls "'halqr. Ifie hydiaul�i:� fihel � �heck Ole ervyine P. IM pl ktle And 11"M WO'dfifl C;;heck Ow engine ad cncck 0 !' hrpliraMk (10VIf W)"O Br'krr F-arh or Vlary (Ah: Lh, 1,11? "'�Oery TW�Ikx.A systen In"'we"T, and k�eowlupi aft"Er mwrig ("Iheck H:w hychrw.flir. Iliurxes widhase�� Grea.;m 1w mw�krl@ Mlv"o ervely W8910(11*j) SoNire Che ar r u ;w lumi, jym rluVwr Ew@iry 511 hcg,im a e dklsly of dhdyo' Opuxk op t":0-ry 11F)WO ClhLk IN? t!rMtel � C able t' wrwcHam" °aeNice tho ai ""'Jatjwd�je OImoj"Q frtqfewflllv When Are E:wery HD.l Oumirs IuSN 'br dot�l C:;h-mn RIO olgftv.' 01H 30"d M101 11 F "I'll Cheek Me ue(v'w 01 HIle VOMX Aidt" V>@rk t"urw�0 J:)kp"jrnNg p @K:p1 jqpuq1qpo, Rr"Ploor'711'1y wark JAd95 ReKARop r.he IUM filWr. (.hrw)W Me NedraAjk, hydiauhi: fifiei Owk 'Pie rmgilne RIPPA tal kle and, full WrYIOFM C:uhed' 1he UVe (Aeararc'e Every 2 yeas Clneck' Me 'Ai# -1 firie6 and RqJ1W"r'- mu-ol V'T' k City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 424 of 1360 Item #5 Wide Area Rotary Ill 0 QUICK SERVICE REFERENCE GROUNIDSMASTER 4100A110 -D Modlel Tier 4 IDil 30608 & 30606 i niClUdi ng A nwodells Serial 313000101 & Up Engine Ill .................. ......... Yanimor Engine Oill.. . . . . . - . ...60t ............ SAE I FW -40 CJ -4 Engine rill F111ei . ................. ........... 125-7025 Breather Elenient ................ ........... 100-3715 HydraAfliC Oil .. . . . .. . .. 7.7-91C-af ........... ISO 1,)G 40168 See Specificabons 1Bedllcw HydraLflic(Filter.................. ......._..7.5-13°10 Tractil Hydraulil Filter ... ............_...94-2621 HydraLflic Breather ............. ............ 115-9793 Air Ill ....... ................. .......... 10&3814 Safety Air Fliftei . ................. ........... 108-318116 Water;Separator Eleinent.. ............ 125-21915 Fuel Filter Sl On ....................... 1215-8752 P Il Gear lDrive .. ..22 Oz ............. SAE 8-1;'0;14,D Rear Axile . . .... . . .... .. 8OOz ............. SAE 85'W140 Rear AxIle Breather ............. ............ 110-48 12 Tire Pressure ................... ........ 25-310 PSI (l & l ,Cast,er Tires ................. ...........50 l Engine C oolaril .......... 90ts ............. Ethylene G111y,001, Water (5V50 nlllx1 High Vmcosiity lin6*xtLow Pour Point Anli-'4 -Lir Hydraulic Fluid, ISO, VG 46 l Properties: visr.-Ds,ty A8 Ill M II 445 c8t ejo, 41l 44 to 48 c& r 1013N2 7.0 to 8 5 Viscosity Ill idex ASTM( Mo to lrao l Pcxr Dc)lni, 0,Fr Nl D97 34"F [(a 49'F 111111duste Specifications: N1 -20-S Vickers 11-28C4`3 (Duallity Levell), 10cl % l HIF 0 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 425 of 1360 Recommended Maintenance Schedule(s) Waintimance Serilce Wihl*mofto PwOdUrIlrnrwIo T,XiGpe: 1110OW1 IIII ITIOW C'Mec�O MIens l J+211 ion I lq' the ar.mrnrdgg N"It tenmoniv Ohl'trk Me,-. Uade: JOW'e: IhW tav�(wi fiie rlisl 2 10111 fut ws I C!Aungje Me ftad INhar](Ally g*"IN (J11111 Me ,A�llier Oh'*Kp"' I'e4w 'We q"W Ctef.* Na. e1rlpRre of Jewell C74•rh MII IE"W�4 C1g1000 Me IR IP. I'd i'd 1110i'd Be�clu edIhme' Zr Ludy CMef.* nhp. lln- preirXl iirp, ODPWK Wo" a 0%21*1 111HAK:U40 121gain Na" II un 'O.kku sep:v akil Rfmr,4v, aill WMs mr] Caff N'Orl IM eingfine znmparimcnl, moa; izmr ani cid Ocaer ("Rwh ft, Infolixk Wfoh CIf"011W 11 III)FKAR alll gn:Ui�rm 11G1,111gs kjsp"11 1he in e'it";)Irkfl Ev,IMI Ule IIadp 'Irve [Wtfl *A115bw CHOW (XA Iffllkx�s� instnd the woting Fysteni I cGes anid clamps. Evely lN rkma « CMeclk thealRemVInr bell I&Ision ("Rwh ft, W'H femkir% E: VV'ly 2I�II0 tmnw Txcluf� thewrpmi lug I CT"V�N� 10e, 00��Me 0� 400 111P4 Eyery 2501 Motif,,; Ckani Me cab all ITRENs. (Repluce. Thenli III 11"ey are tonli up Emce5vyely I ti*aur crndViom,ig ml u171I ai.Dn- trfquprlt6 iin P.ATemF4y rlu;,Tyar dirry mnrfrhonS;) CMPOk the I ge'19 CrIVE 01111 ('Mef'k M - I a4e. I'At5ftwIl C'Mec(ktiMe Ireag w1c ge-w box UubEiiIcant.. E: VV'IY M0) tm:nw sffvucc rihe, airilrer flit the IImar.uoNar maw,.i rely� &msp,,c1 Nit, RIO Ilw,5 and FkplI 1he wzler sepmWirtuel Iffla wriM.er. ;q'Place 1111 Eng -ire Mel IM Dlolls ang mqn NIP. llje 61ange he 11010. JvIlanetavy gew UJI1111. IKA yewIty' M1111che'm comes fiffsl'� 121%'1111K]e 1he Mar JOIF, Oki 01411trk tlml irwr III Eyery 0001 nsl:w,m,O Te t9ade cirw jells Ctang� IhiF, hormihr. al hk lh'11COW4"; d�1111 FIN!fs insl:n,o the sude cutting juniiI. JaiI insr.wer, 17,p cuttnrl uril rnMnr YkMeOl wsembhes ExI.wV Mheldk Agid adIlsst the w.kve deara ICr I:Nriv UDOD ht' urB i1nd eft;'Irl We FARf fIo aT "Pol) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 426 of 1360 Item #6 Fairway Mower 0 1 SERVICE REFERENCE REELMAS7lER 5410 + 5510 erD (2 5r 4 WHEEL DRI'VE) Idttrdcfel'ii lr t Ottesel 016729 03667 Sell 315000101 & Cis Engillne Sr it ......... ... ...... Yann7ar Erl 40itl �Ctrart A) 5.5 Its _._ SAE 1S -40 CJA Eingilne GI'Itl Fluter ...... ...... .. 125-71025 HydraluNc Oil (ChRIF�, .,'tSGat,,.n., .,, I50 %'G 466�8 Spe filcation Below HydraItiallic Filter ....... ............... ............ -2621 Charge fluid Filterr,. ...,...., , M-0010 AIr Filter 108-38101 Water Separatoi ........ ........ . ......... 125-2 1.15 Full Fullt r', Sloan On,. .., ...,..... 127-3075 Tlire 12-'15p PSII (Front & Rear Ell CooIarut.-,.— 70ts....,.,.... , Ethylene Glyflol, Water a 50,150y Irnixl Re ommiended Maintenance Sichedule(s) IMa1llrrtoaaanl v Si Ifs!'4wt"w-1 Ifyy+ar'dl'I fuY�Al db 1" wtd1,A�>w rtl9r P ii 1W rg Aof;;ati,V6 r Ir1N,'war. the wrbnr,N^ l l ug mauls III, gwp lur :22 N,N rIu IIfl.°o tia,, 10 fltl.4bq Alpo Y Ow UW T tloe luuC,S lb err &fur wrba.r�f Iluq prals to 1wp Ru :22 Na run u'rtU 911',°"M� RN.dl.ip. r C„her Ida^ .Ily.wmn oge w bc1l: lel e.xn + C:9Noro r gdaa eukipIl i leve lel. {,go-;;yi r Otm+ iC,MP„all va S,'AdOUVVp. t o, rNu Art; 4,r Id T^'. {'iV�Nile"gal ld Vl: r8'yFAi"i QF,".1YC',"I. rrle',9 6P, GRe'd1kV9ae ca d,d 9nje earau a .r odlally + C° he:A: Ids o;illivabor, Iron lha nrN^ogux* snW ildwi;;. + I'krrnme dolliiIlnN 9lw000 ram ;urr�eln and Iraoda Itol" d oi: M o puVI rre¢ ieglxnflp In diltN^ ��dov91 a fal rw�op6ddUB �Gd'ru r o, rNdt; p,r 9"ll °P,ye',dr'i EUA919, 11145 MNI'INl illIrM'bUGI'IC Pb 5, 0'VY4'" d VIN ” , hAUC'c ogulx Mwtl[I'na'M ,VYdlr"�Yg"q,i, ;rlVyt II w'n•r"Cgld'9f�dw, wti"ry"d0%tpli dmPNl ornnylJ'gbn, tbtlwd ^�"Cali+pdOw'ibN u6V 9d+r¢dbflMgk>"d'u. ^rr' 1, a, GVW^ bloll N1l'0 DU,411-0pp,r moPar, r" r T^ VI IIVw lr'oiIil MOY ualiv,I „V "-7v uM�1Tig ve U1 Haim '" rC%93II tlk d M l IlNelw'rl IiI"Ailla X �" 4,II.N;N 0w, CI xti'IUd I W " 11.1 ),Yio d d6'l iu U'bay II)M"Ilge pi (Ah. It ' baB'911dr µl t 1,41 tlilwtlri6rvf 9w"wpVN. 'IrM Ipis?'lIX YI 11M f rx�NIIG %p pdnhrw,„pml h P�°111V. fl°VY dlltirf ga"lu Rl"°i. L r �„�i le r Idx" xil aP.'°p'nal W6 Qcrl', GR',",IR`✓a'm ILivA: ly 201;, N"ii ^3 + ^°Ae r Ida^ rre� neanlig Frm. rDalyd. II drp• w. d1 Xw,a�prw; a2 loo q4V 9io wwMad9rA✓Iliad rl,ll,i Nr 94 IV : 0 PJ a O,71)! ft", X, il11"'II. dg,7rledUgC4i";"o'gq'wmbC ANIu11'$9OCT aowx:e mile all II Ilrioe o II" eurowur^ II le lair I tlil, n�l ewfiel 11 0leA Cur adlVbanm ir?rkrtntl¢ra shwmIA , pi "wmme r Il lrTuolr"4"tlrrplmnli y Il ruffr^Apl6y Orly of Alisty Vxn dilourtrs I 4=,•rpd"r 400 tlotll"pa ,4rq:U6aci• GVilr i"pkM tlolNi I I-,uN7orMerr. I�,r A` ur rr Il'o eilvljiub loved WV N"'lpl,PDIl jpuUr R"".j a�Amd. tl4aPUJ�'O+orrtor"Itllll:eb lafdr,y?fid{,(°, !4 w, f4gWPWh rIOWr'u. + R'dhro r Ida^ few wwi l tlulr In (,Iod' l`ge oC'a y6p^dlok"MI Fold E 4elly NN, d a,M„tll"^'{ Id' IX 1-irlidi alilipc i'tl'ml"'s 0 °d WA'iilkl!','IIII the i II I'Vtunrw II'Oe.m:al We' IIS. ,n G'Q'il Rb*.V':l , F1'gI* "JI'V v ew .41"E.4 4N. aulrm)6 rrwl?6,11°wdfl9M e, ra Ikk1L1 the IK("' , Hirsh al it h os-aahing„ sphim 1111.1111:I Dranlrc ands Vrre5h 19 f hydrvall lark + l'�4M^rr.Wn'1C8°.YI IeAd Ynf III Cp V"iia„a,^;M;rs City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 427 of 1360 111I�11 IF, Customer Delivery Date Product Name Model # (s) Serial # (s) Invoice # (s) This Certificate of Delivery form must be completed for all machines delivered to the customer. As each item is completed, it must be written on this form. The customer is requested to review and sign this form at the time of follow-up. This form is used in conjunction with all pertinent pre -delivery and delivery instructions as outlined in The Toro Service Operating System. SERVICEFINAL INSPECTION Basic Checks • Grease fittings are lubricated • Tire pressure is correct • Drive belts are adjusted • Fluid levels are correct • Air intake system is sealed Operational Checks • Gauges read correctly • Implement is functional • Brakes - uniform/effective • Safety interlocks function correctly • Steering is straight/smooth Levers operate smoothly CUSTOMER INSPECTION Operational Checks • Cleanliness • Fuel Level Full Tank • Height of Cut Service Manager Signature Date SALES REPRESENTATIVE Delivery Portfolio Complete • Operator/Safety Video • Operators & Parts Manuals • Recommended Parts List • Distributor Resources Info Demonstrate Operations • Review Safety Features • Review Basic Operations • Review Basic Adjustments • Operator demonstrates basic operation skills • Review any unique operating characteristics • Attachments as stated on sales order • Satisfaction Follow-up Discuss Maintenance Requirements • Review Recommended Maintenance Schedule (Daily and Scheduled maintenance) • Review maintenance requirements (unique to climate) • Review specialty tools available • Reviewed extended warranty (TRIPP) Sales Representative Signature Date . I have received the operator/safety video and understand that it should be viewed for important product operation information • The preventative maintenance information for . The safety features of this product have been reviewed with me 0 1 have received the operator's manual for this product product(s) has been supplied Customer Signature Date Part # 99021 SLAG Revised 10/28/05 White - Customer Yellow - Sales NO -age 4,4k& T360 SIMPSON NORTON CORPORATION 4144 S. BULLARD AVENUE GOODYEAR, AZ 85338 (623) 932-5116 FAX (623) 932-5299 S I M P 3 O N N O R i O N The Service Network CUST.#: 42614 SHIP TO: CITY OF MESA RIVERVIEW 2414 W RIO SALADO PARKWAY MESA, AZ 85201 BILL TO: CITY OF MESA F420 - PARKS & REC - MS7010 PO BOX 16795 MESA, AZ 85211-6795 Order Entry Demand Invoices INVOICE INVOICE DATE INVOICE NO. 05/11/15 1465124-00 P.O. NO. NET 30 PAGE # F42015006490-1 SHIPPED 1 REMIT TO: SIMPSON NORTON CORPORATION 4144 S. BULLARD AVE. GOODYEAR, AZ 85338 INSTRUCTIONS PRODUCT TERMS QUANTITY QUANTITY NET 30 SHIP Point SHIP VIA SHIPPED SIMPSON NORTON CORP. 0/T Fred B 05/11/15 LINE PRODUCT QUANTITY QUANTITY QUANTITY QTY. DISCOUNT UNIT AMOUNT NO. AND DESCRIPTION ORDERED BACK ORDERED SHIPPED U/M MULTIPLIER PRICE (NET) RONALD.RICHARDSON@MESAAZ.GOV 1 03780A 1 0 1 EA 0.00 84687.49 84687.49 RM7000-D Serial #: 315000105 2 03710 5 0 5 each 0.00 0.00 0.00 27" HD 8 Blade DPA Cutti ng Unit Serial #: 314000204 314000205 314000206 314000207 314000208 3 03716 5 0 5 each 0.00 0.00 0.00 27" HD Verti-Cutter Serial #: 315000107 315000108 315000109 315000110 315000111 4 30552 1 0 1 ea 0.00 0.00 0.00 RED CANOPY UNIVERSAL SUNSHADE 4 Lines Total Qty Shipped Total 12 Sub Total 84687.49 Taxes 6351.56 Invoice Total 91039.05 Balance Due 91039.05 Last Page Cash Discount 0.00 If Paid By 06/10/15 Page 429 of 136C .... 0 .. ` 000 Lr) O rm-1 0 N 00 m zT 0 ''.... IzT m m l.0 ON l.0 o k.0 rN-1 l0 oo ''.... W oo ''.... 1, N 4 ''.... oo l0 ''.... —1 W Q) ''.... Q) Q) ''.... W W r-1 '..., O l0 ''.... Ln l0 ''..... d• d• N ''.... r-1 N ''.... N N ''.... N N r-1 00 M d• O l0 r-1 O M N M 00 M O r-1 M N d• 1, O M 00 00 d• m m O r-1 N O 1, d• Ln N N r-1 r-1 d• O O M N N N m m 00 r-1 1, O O r, N O Ir) d• 1.n Ir) l0 Ir) N l0 O M 00 1.n lfl Ir) 1.n o0 1, n') 00 M 00 d• O l0 N 1.n d' 00 d' 'z c-1 r-1 M m m 'zT 00 1.!) l0 1.!) r, 1.!) 00 N Ir) N 'z 'z O 00 N O M M Ir) M O O ',, ',, z OU ',, ',, ',, ',, ',, ',, 0_ Z = W W G Z G > Q Z i G G Z G U U U W •v i > N OJ Ln In 00 : In a0 O m p Q- U— C f�6 U O aJ QIn C aJ a0 Y X O• j O ro rYo iZ O In In E 0 In In O ',, ',, 0 (D Z U_In ',. ',, ',, ',,. In_ 07 W In U Q_' Q In co In W i O_' In �.,e i �i O O 't7 00 OJ � + +' 'a Oi O_' N ++ N In V) M N i U O In ,r }, -t7 N In m X > �- �- 't7 't7 f6 W f6 O O l% i N m C O > 'i O C,ro *' Z •f6 In > Q O U C 't7 i N c lj � Q O�......� �... �.......� I}n O Q........� �....... m v �......� aJ..........0 .....� �...... v.....0 E E v) In Q c> a c o .� W? ?i m to 3 00 J O >� C U n1 O Z O ro iZ O O O ro � 0_ O U Ln r-4 Z U N = m Q Z In C7 rp 0 O > Z) to 2 J U Q) l0 O r-1 to O r-1 O O O ry d• Ln W r-1 O> r-1 O Ln O n r-1 N Q) Ln Ln Ln O r-1 N O N N M r-1 N �T Ln Ln O Ln 1, Q) M r-1 1, r-1 M O N r-1 l0 N —1 4 m O d• 1, O d• 00 O > r-1 m N N O W r-1 l0 O Ln r-1 —1 r-1 O RT N ',, N M Q) r-1 M 00 RT ',,'z r-1 'z ',, r-1 > ',,'z 'z Ln ',, N r-1 'z M ',, —1 00 —1 ',, N r-1 ',, N N E E Q o E E v— ,n c E 0 E C E E E ° W E O u E s v C) Q Q o C E CU° E c g o- o Q- '- u ° t Q _ -Z o v E E Q 0 0 oE o OU 0 Q In E U Q U N �i `� E -� °� V +�.+ +�.+ + � > ��`` O_ C In o ��`` CdJ r'o r'o In In C E[�6 E u U i i@ " 3i @ N U In In U EOV-a � C — 2� - -0 Q UO NQ) 00 � 'Q E E C C a . v M =C U sn 0> .2 >, a C o -a CE uO a a a n� n n a a n a a UU _ a N C an 'i -0 T C N C N C f6 N 0D U C:�, O N C C C f6 1cc� N _ C �n �n C > > u J U ',, ',, 0_' In ',, G ',,. In CO CO ',, Y ',, Y Y ',, m ',, U 10 In In C In �i O -a ate-+ -� iZ E V O) C -a U [6 N Ur > > >, i -a O O) O 110 O E C E �- f6 O) ,� U C U =_ (p i i 'a i C .0 — U i c G In J J ',, In J Y ',, (D G ',, 0_ 0 Q ',, G J G m cU ',, G W ',, W O_ ',, ',, coo, ',.. C ',, ',, C ro O C C iZ j '+ O - .2 aUC_oE o u ;� U •0 •0 '0In In '—' Its v v E � a, •a0 v o Q......... E oO to cO a, EIn E u p_ cO a, In E UO C UO UO UO C C o +-� +-� E i : O) c .0 � O i i i U C C Q / � ,,, ate-+ W rUO O ',, E rO O 0o co ',, co In O E E U L3 C L3 C i 5 i W W_ a C v c— C 0 Z '0 '0 U• Q Q C w In O Q - - - O +Z.+ +.+ �O > C - - i C C= f6 In U C J v E E E E f6 a 0- a u U U w (7 z= Jccc G G G ',. O_ ',, In In V) ',, In V) ',, In In TAB 4 -Pricing and Compensation Forms. The cost portion of the Response should include the following criteria: 1. Provide a Price Proposal. See attachment A. 2. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. We have six Business Units represented in this proposal. 1. The Toro Commercial Division pricing will be 21.8% off current MSRP of all wholegoods, attachments and accessories. o For the City of Mesa, the Parts Program will consist of offering discounts on high usage parts such as belts, filters, tires, etc. The discount on these `Performance Parts' varies by product group but ranges up to 50% off retail. These prices are reflected in the Parts pricing in Attachment A. 2. The Toro Landscape Contractor Equipment (LCE) Division pricing will be 27% off current MSRP for their landscape contractor wholegoods, attachments and accessories. 3. The Toro Siteworks Systems Division (SWS) pricing will be 17% off current MSRP for wholegoods, attachments and accessories. 4. Golf Irrigation will be 40% off MSRP for all wholegoods, attachments and accessories. 5. Residential Commercial Irrigation will be: o Irritrol; 40% off MSRP on wholegoods, attachments and accessories. o Rainmaster. 17% to 30% off MSRP on wholegoods, attachments and accessories. o ResCom : 40% off MSRP on Wholegoods, attachments and accessories o Sentinel: 30% off MSRP on wholegoods, attachments and accessories. 6. BOSS: 25% off MSRP on wholegoods, attachments and accessories We request that our dealers and/or distributors have the ability to add attachments and accessories designed for use on Toro products but manufactured by a third party. These are items such as snow throwers, snow blades and brooms that attach to our products for use in the winter months. Each manufacturer of these products provides their own pricing, our pricing would not exceed the manufacturer list price. If there were any shipping and/or setup costs incurred by the dealer these would be added to the cost of the product. Used and Demonstrator Equipment: Preowned and Demonstrator equipment is available from our distributors and dealers and pricing is based on Fair Market Value. The FMV of used and demo equipment is based on a combination of factors from true leasing which sets residual buyouts to hours, condition, age of equipment and current market pricing for like items. Our distributors typically publish a list of available equipment including the pricing. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 431 of 1360 Financing and leasing: Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. Toro has contractual relationships with three finance companies that compete for your business. These are PNC, TCF, and DLL. Because of these relationships we have developed documents to help stream line the process for our tax exempt customers. This includes the credit application, approval, and non -appropriation language. This nationwide team of finance professionals has an in-depth understanding of tax-exempt financing. Based on tax-exempt pricing($1 purchase option at end of lease term), the monthly lease rate is indexed to a spread not to exceed 450 basis points (BPS) over the like term US treasuries (as published by the US Federal Reserve Statistical Release H.15). Individual transaction pricing will be priced to the market based on specific transaction details. For Fair Market Value (FMV) leases, terms from three to five years will be available. The monthly payments will not exceed 3.5% of the award price (at 600 hours per year of use). Alternative hours and payment terms (skip pays, annual pays, etc.) can be quoted by one of our financing partners. At the end of the lease (assuming all terms and conditions of the lease have been met), the equipment may be returned (subject to turn -in requirements identified in the lease documents), renewed for an additional time, on mutually agreeable terms between the parties, or purchased at the then, fair market value of the equipment. Included in this proposal is a hard copy of Toro's current MSRP for each divisions products. Electronic copies will also be provided. Any product, attachments and accessory that is on these spreadsheet is available for the stated discounts. This price model provides an aggressive discount to end users and is easy to calculate through a discount on MSRP. We have many products that we typically do not discount, we refer to these as proprietary products, but with this contract we discount all products with the same aggressive pricing to provide customers with the aggressive pricing but also make pricing and auditing more efficient for all parties. We will provide the City of Mesa and National IPA with current copies of our MSRP pricing so customers can verify through a third party. For Commercial, we also have a pricing system called iQuote that we load pricing from Toro and is used by all distributors to calculate pricing. This ensures the correct pricing at each location. Here is an example of this quoting system. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 432 of 1360 diet P1 iciirrg Bract Qwanfit.q C'asborvueirSM, rQuitktie SF13[TartCSuulpmqmmlted),: Traction Unit Quantity 1a"9 Choose a (Program Trade In No Apply Performance Parts Pricing I f"o V,. UIU „tlUw.,,,wa;¢re fi (IIIIIII (IIIIIII IIIIII GM 4000-D (Tier 4 Final Compliant) (30609130609A) Qty Description Product ID Ext MSRIP Ext UNET Unit Award (Price Ext Award Price GM 4990/-ID (Tier4 final C—Pli'amt) x $77,899.90 y�34,529.00 (30609/ 30609Af ::9.CY.�.G.!.:r.... SUBTOTALS $77,899.00 $54,529.00 Toro (Protection (Plus x None .. .. 'Nq TOTALS $77,899.00 $54,529.00 WARNING: To avoid violation of antitrust lours, Distributors imuist estalhlish their own retail (prong 3. The City's expectation is that the proposed pricing shall include delivery to Mesa and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. The Pricing to the City of Mesa includes set-up and delivery of wholegoods, attachments and accessories. It will be the determination of each of our distributors if they want to charge set-up and delivery fees for orders from other Participating Public Agencies. This pricing strategy allows us to provide a more aggressive price on wholegoods, attachments and accessories. 4. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. Toro typically has changes to our MSRP lists once per year. As our fiscal year starts on November 1, we plan our annual changes for that date. Our goal is to keep our price increases to a minimum to remain competitive in this market. For 2017 we have implemented an average price increase of 1.3%. On occasion, we have to veer from this plan as economic forces cause our costs to change more dramatically than anticipated. We do provide at least a 30 -day notice to our distributors that these changes are occurring. Over the past 3 years we have been able to hold to our plan of once per year price change. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 433 of 1360 There are other factors that also impact our pricing. The federal government mandated changes to emissions, known as Tier 4, this has significantly impact pricing on our diesel, non -road, 25 - 74 horsepower products starting in 2013. These price increases have ranged from 10 - 20% depending on product but Toro's products have all transitioned to the Tier 4 Final engines and are therefore reflected in the current pricing. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. Pricing is most favorable offered for contracts of this scope. We are continuously provided with feedback from field sales representatives concerning the price/value paradigm versus our competition. We evaluate this balance and make changes to pricing as needed to remain competitive. Toro also strongly believes in reducing cost through our processes and utilize Six Sigma Continuous Improvement Tools such as Kaizens, Lean Manufacturing, Process Mapping and D. M.A.I.C.(Define, Measure, Analyze, Implement, Control). Every year Toro establishes dollar values goals to Continuous Improvement and tracks and reports our progress against these goals. These procedures allow us to control costs which means controlling price increases to our customers. In the end, our customers make the "Best Value" judgement and buy those products they consider "Best Value" . If we determine we are no longer "Best Value" at current pricing we will request changes to pricing. 6. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. As an added incentive for volume purchases (single purchase order), Toro distributors may provide the following Smart Value Program. This program provides the customer with a level of dollars available to be used to purchase additional whole goods, accessories, attachments, parts or extended warrantee based on the volume of purchase according to the following scale. Purchases at Retail Available Dollars $150,000 - $199,999 $4,500 $200,000 - $249,999 $6,000 $250,000 - $299,999 $10,000 $300,000 - $349,999 $12,000 $350,000 - $399,999 $14,000 $400,000 - $449,999 $16,000 $450,000 - $499,999 $18,000 $500,000 - $549,999 $20,000 $550,000 - $599,999 $22,000 $600,000 - $649,999 $24,000 $650,000 - $699,999 $26,000 $700,000 - $749,999 $28,000 $750,000 - $799,999 $30,000 $800,000 - $849,999 $32,000 $850,000 - $899,999 $34,000 $900,000+ $36,000 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 434 of 1360 7. Provide information on any ordering methods — such as electronic ordering or payment via pCard or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so, please provide the percentage discount. Orders can be faxed, mailed or emailed. pCards and EFT can be accepted. All pricing is at users net. 8. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. Payment terms are 0% 30 days for cash/check payments and EFT payments only. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 435 of 1360 Attachment A REVISED PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 Toro Sand Pro 5040, model 08705 $ 17,423.58 MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 Toro Workman HDX Auto, model 07390 $ 22,481.84 MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 Toro RM3100-D, model 03170 & 03189 reels $ 29,530.85 MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 Toro GR3150-Q, model 04358 and 04654 reels $ 29,773.88 MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 Toro GM4100-D Tier4, model 30608 $ 62,262.63 MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 Toro RM5510-D Tier 4, model 03607 & 03641 reels $ 58,619.52 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ 220,092.30 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Toro, part# 108-3808 $ 15.98 Page 436 of 1360 Page 437 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) Toro, part# 84-2280-03 $ 13.35 MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) Toro, part# 54-0110 $ 9.98 MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) Toro, part# 108-3847 $ 5.29 MANUFACTURER AND PART NUMBER 11 Bodlitiniifyfor Surrounds Mower (see item 3) Toro, part# 112-8910 $ 99.99 MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) Toro, part# 112-8915 $ 291.12 MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) Toro, part# 63-8600 $ 32.95 MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) Toro, part# 107-9531 $ 8.49 MANUFACTURER AND PART NUMBER 15 ltoLairy I1311yd,yfor Wide Area Rotary Mower (see item 5) Toro, part# 106-7166-03 $ 18.50 MANUFACTURER AND PART NUMBER 16 y#IIFilter for Wide Area Rotary Mower (see item 5) Toro, part# 110-9049 $ 15.33 MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) Toro, part# 127-2998 $ 16.30 MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) Toro, part# 127-3071 $ 562.35 MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ 1,089.63 DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT Page 437 of 1360 Commercial Division Products (large mowers, aerators, 21.80% sprayers, infield groomers, utility vehicles, cultivation and B GOLF COURSE MAINTENANCE EQUIPMENT Commercial Division Products (large mowers, aerators, sprayers, infield groomers, utility vehicles, cultivation and 21.80% debris equipment C RELATED EQUIPMENT PARTS Commercal Division Performance Parts (City of Mesa up to 50% off list only) Pricing is reflected in parts market basket prices. D USED EQUIPMENT Our distributors typically have off lease and trade in Depends on age, equipment available for sale hours and conditioin E BALANCE OF LINE Golf Irrigation wholegoods, accessories and attachments 40% off Residential Commercial (ResCom)lrrigation wholegoods, 40% off attachments and accessories Irritrol Irrigation wholegoods, attachments and accessories 40% off Rainmaster Irrigation wholegoods, attachments and 17 - 30 % off accessories Sentinel Irrigation wholegoods 30% off Residential Landscape Contractor Equipment wholegoods, attachments and accessories 27% off Site Works Systems Equipment wholegoods, attachments and accessories 17% off BOSS equipment, attachments and accessories 25% off Allied products provided by third party not to exceed list price DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 11/7/2016 Toro Date: _ 12/9/2016 RFP # 2017025 Page 438 of 1360 Page 439 of 1360 Cycle and Sauk IProgrammniing Day Prog—ming 7 SUP OddE.- 114. SUP. OddJE.- 14, 36, Slk,,p, Odc.'Even FrOgTarnmijbIle Raiiin Del my 01" or qr Raiiin&feezeMoiiistuire Sensorlinput or 60 40 Weatlher Center Inputs WO Adwarzed Electrical Fault Detection 01 Adwanzed IFlow Sens iing to MasterValve and Puirnp Cointroll 111" Ill" Sham FIIa,w Sensor Opti—A Olptonad RoMamTM Buillt- n ProlMax`e Rate Ilnterfrace #1 w #0 TTainsforr— MN um Load '1.5 eAMWP5, 1,E�AMPS 20AMPS Wanainty 5 Y.— 5 Y.ars 5 Years NA,5F,A,r)V5 JR,114111AI", Page 440 of 1360 Groundsmaster" 4100 -D/4110 -D WIDE AREA ROTARY MOWERS • 55 hp (41 kW) Yanmarl engine, Tier 4 Final Compliant, turbo -diesel engine • Smart PowerTM - optimized mowing in all conditions • Foldable RODS • 10.5'(3.2 m) width of cut • Full-time 4WD forward and reverse • All-time traction assist (optional) • 0" uncut circle in turns • SmartCool" auto -reversing cooling fan • HybridDrive'M cutting deck system delivers unmatched reliability • 4 -way adjustable seat and Air Ride Suspension • InfoCenter" displays simple operating info while monitoring machine health • Integrated ControlHub" with fingertip electronic controls • Top and rear air intake for increased cooling • Climate -controlled safety cab with air conditioning and heater (4110-D) • Isolated operator platform for greater comfort and smoother ride assures full-time 4 -wheel drive, allowing you to with confidence, even on hills and wet grass. toro.com/4000 Groundsmaster° 4100-D Groundsmaster8 4110-D Catt your Toro distributor at 800-803-8676 Groundsmaster 4100414110-D Specifications' a .f iuoudh ENGINE GROUNDSMASTER 4100-D, MODEL 30608 GROUNDSMASTER 4110-D, MODEL 30644, MODEL 30606 Yanmarl4-cylinder, liquid -cooled, turbo -charged diesel. 127 cu. in. (2.1 liter) displacement. Engine rated at 55 hp (41 kW) net and 125 ft. -lbs. (169 Nm) torque at 2,000 rpm. 8 quart (7.6 liter) oil capacity. EPA Tier IV Final Compliant. AIR CLEANER Dry, replaceable primary and safety elements. RADIATOR Rear -mount, cross-flow, 7 -row, 5 fins per inch, 9 quart (8.5 liter) capacity. FUEL CAPACITY 21 gallons (79.5 liters) diesel fuel. Biodiesel-Ready for use up to B-20(20% biodiesel and 80% petroleum blend) TRACTION DRIVE Parallel hydrostatic, closed loop system with full-time 4WD. Forward/reverse in low (mow) and high (transport) range with full-time, automatic traction assist (forward only) optional on Groundsmaster 4100-D models. Variable displacement piston pump with electronic servo control powers dual speed displacement piston motor drive into double reduction planetary in front, and mechanical axle in rear. SmartPowerTM feature controls traction speed to maintain optimal cutting blade speed. HYDRAl1LICSIC00LING 8.75 gallon (33.1 liter) capacity with 10 micron remote spin -on filter. 9 row, single pass cooler, 6.3 fins per inch, that tilts out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. DIAGNOSTICS Diagnostic pressure test ports: forward and reverse traction, left, center and right decks, reverse 4WD, lift, steering, charge and deck counterbalance circuits. GROUND SPEED Transport: 0-16.2 mph (0-26.1 km/h) forward, 0-8.1 mph (0-13 km/h) reverse. Mow: 0-8.3 mph (0-13.4 km/h) forward, 0-4 mph (0-6.4 km/h) reverse. TIRES Front: 26 x 12-12, 6 -ply tubeless Multi -Trac. Rear: 20 x 10-10, 6 -ply tubeless Multi -Trac. MAIN FRAME All welded formed -steel frame with integral tie -down anchors. BRAKES Mechanically actuated, internal wet disc brakes on input to each planetary drive. Individual foot -operated steering brake control of left and right wheel. Lock pedals together and latch to engage parking brake. SEAT 4 -way adjustable, right armrest travels with seat and suspension. STEERING Power steering with dedicated power source. Steering wheel tilts to desired operator position. Uncut circle: 0" diameter. INTSTRl1MENTATION tnfoCenterT":Onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics. Indicates fuel level, coolant temp, intake temperature, low oil pressure, alternator, engine hours, engine rpm, hydraulic oil temperature, voltage. CONTROLS Tilt steering, ignition switch, throttle switch, foot -operated traction pedal, lockable individual brake pedals, parking brake lock, mow/transport speed selector switch, 3 -two position switches for individual deck lift/lower, counterbalance adjustment, tow valves, cup holder, toolbox, radio holder, fan switch and 12 -volt power outlet. ELECTRICAL 12 -volt, 690 cold cranking amps battery, 80 amp alternator. Overload protection with automotive type fuses. INTERLOCKS Prevents engine from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat while moving or deck is engaged, traction and I or deck stops, info center alarms and gives message. Mowing only permitted in low range. Traction not allowed if parking brake engaged and pedal moved out of neutral, Into center alarms and gives message. Deck transport latches. GROUND CLEARANCE 6.5" (16.5 cm) OVERALL DIMENSIONS Height Length Width Transport Width Wheelbase 85.3" (216.7 cm) wIROPS up 144" (366 cm) 127" (323 cm) 71" 080 cm) 55.5' (140 cm) 93.3" (237 cm) w1 cab wldecks down wldecks down @ 2" (5 cm) HOC WEIGHT 4237 lbs. (1922 kg) wl full fluids 041 00-D). 4890 lbs. (2218 kg) wl full fluids 04110-D). SAFETY CAB (4110) MODEL 30644: ROPS certified cab with heat, AC and the following standard features: climate system pressurized cab, heavy-duty pantograph front windshield wiper and washer, front windshield has 38" of visibility, interior mirror, fold away exterior side mirrors, molded front fenders, right and left doors and rear window have tinted (50%) glass, front and rear windows open, quick release window latches act as emergency exit, rubber sound isolator cab mounts and upholstered interior panels and headliner, textured neoprene floor mat, interior dome light. MODEL 30606: Factory installed, ROPS certified, climate controls (AC & heating), opening rear window, front wiper/washer, interior mirror, exterior side mirrors. SAFETY Complies with American National Standards Institute (ANSI 871.4-2012) and applicable ISO EN 5395 (CE) standards (machine directive 891392, 911368, 93144, 841538, 891336) requirements; Optional lights. Meets ANSIIASAE 5279.12 (Lighting and Marking of Agricultural Equipment on Highways). Foldable BOPS, ISO 21299 certified. WARRANTY Two-year limited warranty. Refer to operator's manual for further details. ACCESSORIES WIDTH OF CUT Work light, Road lights consisting of dual taillights, dual headlights, slow moving vehicle sign, turn signal, flasher and lights; Sunshade Beacon CUTTING DECK Overall: 124" (315 cm), Center deck section: 54" (137.1 cm), Two 37" (93 cm) width of cut wings. 89" (226 cm) width of cut with one wing up. MOWING RATE Mows up to 10.3 acres/hr (4.2 hectares/hr) at 8.3 mph (13.4 km/hr). Assumes no overlap or stops. CONSTRUCTION Welded .100" (25 mm) high-strength steel with steel 7 and 10 -gauge channel and plate reinforcements. DECK DRIVE Direct mounted hydraulic motor into spindle. Remaining spindle(s) driven by individual B section kevlar belt. Quick -release belt covers. HEIGHT -OF -CUT 1"-5" (25-127 mm) in .5" (13 mm) increments. SPINDLES 1.25' (3.17 cm) diameter spindle shafts, 9" (22.9 cm) diameter conical ductile iron housing, and 2 greaseable tapered roller bearings. BLADES 19" (48.3 cm) long, 2.5" (6.4 cm) wide, .25" (.64 cm) thick. CASTER WHEELS 8 x 3.50-4, 4 -ply, smooth, pneumatic, sealed precision ball bearings. GROUND FOLLOWING 6" anti -scalp cups on each blade, adjustable skids, 3 anti -scalp rollers on front deck and 1 on each wing. WING PROTECTION Impact absorption device on each wing deck. MULCHING KIT Model 30419. SKIDS I Reversible polymetric. *Specifications and design subjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distributor for details on allwarranties. r The Groundsmaster 4100-D &4110-D are m factured a ct F 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2115 2 in Tomah, WI ISO 9002 Certified Plant. age 44 w 60 Groundsmaster 4100-D & 4110-D Attachment Specifications' TYPE BROOM SIZE BRUSH WEIGHT OPTIONS Windrow type, front mounted hydraulic broom with dual motors. Electric/hydraulic angling, 30° left and right. 32" (81 cm) diameter x 60" (153 cm) wide. brush with combination polypropylene/wire radial segments. 575 lbs. (261 kg) FDit Deflector, Storage Stands. *Specifications and design subject to change without notice. Manufactured by M—B Companies Inc Manufactured by Erskine Attachments. Note: The Toro Company does not manufacture or sell the snowthrower or rotary broom, nor does Toro guarantee these accessories in any manner whatsoever. 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2/15 STAGE WIDTH OF CUT CUTTING HEIGHT CUTTING EDGE SKID SHOES ANGER DIAMETER FAN DIAMETER CHUTE ROTATION SHEAR PROTECTION CASTING DISTANCE APPROXIMATE SHIPPING WEIGHT HOSES 2 61" (155 cm) 29" (74 cm) 318" x 3" (9.5 mm x 7.6 cm) bolt -on Adjustable 16" (41 cm) open flight 20" (51 cm) 4 -blade Hydraulic 270° Pressure relief Up to 30' (9.14 m) 850 ms. (386 kg) Included The Groundsmaster 4100—DI4110—D is anufactured a�� 3 in Tomah, WI ISO 9002 Certified Plant. age 44 9c�Ew 60 Greensmaster" 3150-Q / 32 50-D RIDING GREENSMOWERS Greensmaster 3150-Q: • Briggs & Stratton' 18 hp (13.4 kW) air-cooled, gasoline engine • Industry's quietest engine -powered riding greensmower Greensmaster 3250-D: • Kubota' D902, 24.8 hp (18.5 kW) 3 -cylinder, liquid -cooled, diesel engine • Ample power for any greens or off -greens application; extremely versatile Ureensmaster" 37bU-U Greensmaster° 3250-D Catt your Toro distributor at 800-803-8676 Greensmaster 3150-0 Specifications' TRACTOR GREENSMASTER 31504 MODEL 04358 ENGINE 18 hp (13.4 kW) @3600 rpm, Briggs & Stratton gasoline engine, governed to 2850 rpm high idle, 1650 rpm low idle. Air-cooled. FUEL CAPACITY 7 gallon (26.5 liter) capacity; unleaded gasoline. TRACTION DRIVE Hydraulic piston pump, closed loop system. 2WD Parallel Hydrostatic or 3WD Series Parallel piston pump closed loop system. Foot pedal forward and reverse; infinitely variable. GROUND SPEED Forward -mowing speed is variable from 2-5 mph (3.2-8 km/h), adjusted by stop on pedal mechanism. Mow speed setting does not affect transport speed. Maximum Greensmaster 3150-D transport speed is 8.8 mph (14.4 km/h), may be reduced by adjusting stop in footrest pan without affecting mow speeds. Reverse is 2.5 mph (4.0 km/h) maximum. TURF COMPACTION 8-10 psi (dependent on tire pressure) with operator and cutting units down. IMPLEMENT DRIVE Single gear pump, mono valve block, series reel drive to 3 motors. STEERING Power steering. Adjustable steering wheel tilt and a 5 -position steering arm tilt. CONTROLSIGAUGES Raise/lower-mow lever (joystick). Functional control lever (neutral, mow, transport). Foot operated traction drive and brakes. Hour meter. Hand operated throttle and choke. Mechanical engine speed control. ELECTRICAL FEATURES 12 -volt lead acid, group size 01, with 300 minimum cold cranking amps at 0° F and 34 minutes reserve capacity at 85° FI25 amps draw. 16 amp alternator. Ignition switch/key. Seat switch. Harness terminals and fuse slot available for optional lights installation. TIRESIWHEELSIPRESSl1RE Three tires: Three 18 x 10.5-8, 4 -ply pneumatic tubeless demountable and interchangeable with smooth tread. 8-12 psi front; 8-15 psi rear. Optional Traction Tire (4 -ply): PIN 119-3516. BRAKES Two 6" (15.2 cm) drum type. HYDRAULIC OIL 7.5 gallon (28.4 liter) tank with internal baffle. 1.0 gallon (3.8 liter) auxiliary tank. LEAK DETECTION Equipped with Turf Guardian"" leak detection system. SOUND LEVEL 82 dB(A) at operator's ear under normal conditions. OVERALL DIMENSIONS Wheel Tread: 49.5' (149.9 cd, Wheel Base: 47" (119 cd, Length: 90" (229 cd, Width: 69.7' (177 cm) wheels, Height: 74.5" (189 cd, Weight:1,087 Its. (493 kgl. WIDTH OF CUT 59" (150 cm) REEL SPEED Approximately 1975 RPM at 2850 engine RPM. Adjustable. BACKLAPPING Standard equipment. CUTTING UNIT SUSPENSION units are completely free-floating, each attaching to the tractor by direct pull links and lifted by a centered lift arm. Baskets are supported by carrier frames that that are ground following. Cutting unit floatation is unaffected by basket content. Grass baskets are all interchangeable and accessible from the front of the machine. ROPS Roll Over Protection System standard. CERTIFICATION Certified to meet ANSI specification 871.4-2012 and European CE standards with appropriate kits installed. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. TRACTOR i BLADE DPA CUTTING UNITS, 04652 -BLADE11 DPA CUTTING UNITS, 114 -BLADE 04656 These cutting units will mount on any Toro riding Greensmaster (excluding Greensmaster TriFlex"' 33xx134xx series). HEIGHT OF CUT (HOC) RANGE Cutting height is adjusted on front roller by two vertical screws and held by two locking cap screws. Bench HOC range is .062"-.297° (1.6-7.5 mm). With high HOC kit, range is .297-1.0" (7.5-25.4 mm). Effective HOC may vary depending on turf conditions and bedknife installed. REEL WELDMENT Reels are 5" (13 cm) in diameter, 21" (53.3 cm) in length. High carbon steel blades are welded to 5 stamped steel spiders, and heat treated. The reel is ground for diameter and concentricity, and relief ground. REEL BEARINGS Two stainless steel ball bearings, 30 -/-.1 mm inside diameter slip fit onto reel shaft retained by internally splined threaded insert. Low drag sealslslingers for added protection with o -ring sealed motor and counterweight. Reel position maintained by a wave washer with no adjusting nut. MAINTENANCE No grease zerks, sealed bearing design eliminates daily maintenance. REEL DRIVE The reel weldment shaft is a 1.375' (35 mm) diameter tube with internally splined threaded insert. FRAME Precision machined, die-cast aluminum cross member with two bolt -on die-cast aluminum side plates. AGGRESSIVENESS Aggressiveness stays constant throughout the life of the reel. Patented design. BEDKNIFE Replaceable single edged EdgeMax"' Microcut Bedknife is standard. BEDKNIFE ADJUSTMENT Dual screw, indexed "click" adjustment to the reel; detents corresponding to .0007' (.018 mm) bedknife movement for each position. FRONT &REAR ROLLERS Front: Not included with cutting unit, purchased separately. Option between full, narrow -spaced and wide -spaced Wiehle roller. Rear: Steel full, 2" (5.1 cm) diameter with sealed bearings and through -shaft. GRASS SHIELD Non-adjustable shield with adjustable cut-off bar to improve grass discharge from reel in wet conditions. TOTAL WEIGHT B -blade: 72 lbs. 132.7 kg) with aluminum Wiehle Roller. 11 -blade: 75 lbs. (34 kg) with aluminum Narrow Wiehle Roller. 4 -blade: 78 lbs. (35 kg) with aluminum Wiehle Roller. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 �Ll The Greensmaster 31SO-D is m��fact�e�n�� Tomah, WI ISO 9002 Certified Rant TRACTION UNIT ACCESSORIES 04476 3 -Wheel Drive Kit 04479 Thatching Reel (Set of 1) 04494 Greens Spiker Kit 04495 Greens Tri -Roller Kit 30707 Armrest Kit 119-3516 Traction Tires 04554 Light Kit 130-6536 Hydraulic Oil Cooler Kit 108-6472 Traction Speed Control Kit 104-6540 Spark Arrestor Screen 115-4510 Bimini Folding Shade 100-6442 2WD Weight Kit 99-1645 3WD Weight Kit 115-4754 Wireless Hour Meter Greensmaster 3150-0 Accessories' ROLLER OPTIONS 04626 Front Narrow Wiehle Roller (set of 3) 04627 Front Wide Wiehle Roller (set of 3) 04625 Front Full Roller (set of 3) 04628 Solid Steel Roller Kit (front Wiehle & rear steel rollers) 04629 Anti -Bobbing Roller 71-1550 Cast Iron Rear Wiehle Roller 107-3514 Steel Wide Wiehle Roller 121-4675 Extended Wiehle Roller 04258 Extended Narrow Wiehle Roller 04267 Narrow Wiehle Roller (for paspalum) 107-3510 Steel Narrow Wiehle Roller 120-9595 Steel Rear Roller (standard) 125-5180 DPA Rear Roller Extension Kit 120-9600 High Height of Cut Kit 04249 Split Full Front Roller 04250 Split Narrow Wiehle Roller Greensmaster 3150-0 Accessories' SCRAPER OPTIONS CUTTING UNIT & REEL OPTIONS 04652 8 -Blade Cutting Unit 04654 11 -Blade Cutting Unit 04656 14 -Blade Cutting Unit 119-4103 8 -Blade Reel (Individual) 121-6651 8 -Blade Reel, Heavy -Duty (Individual) 119-4104 11 -Blade Reel (Individual) 127-2202 14 -Blade Reel (Individual) SCRAPER OPTIONS GROOMER OPTIONS 04709 Groomer Drive Of (Set of 1) 04712 Groomer Reel, Spring Steel (Set of 1) 04274 Grooming Brush — Soft 04275 Grooming Brush — Stiff 106-2643 Groomer Pull Link Kit 04744 Grooming Reel -Thin Blade (Set of 1) SCRAPER OPTIONS 125-5303 Front Narrow Wiehle Roller Scraper 125-5304 Front Wide Wiehle Roller Scraper 125-5305 Front Full Roller Scraper 115-7377 Front Narrow Wiehle Roller Scraper Brush 115-7378 Front Wide Wiehle Roller Scraper Brush 115-7379 Front Full Roller Scraper Brush 115-7380 Front Narrow Wiehle Roller Scraper Comb 115-7381 Front Wide Wiehle Roller Scraper Comb 115-7382 Front Full Roller Scraper Comb 115-7383 Rear Roller Scraper 121-2260 Adjustable Rear Roller Scraper 04646 Spring Loaded Rear Roller Scraper (Set of 3) 107-9561 Anti -Bobbing Roller Scraper Kit 04726 Rotating Rear Roller Brush (LH) (Set of 1) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. BEDKNIFE & BEDBAR OPTIONS 93-4262 Microcut Bedknife 93-4263 Tournament Bedknife 93-4264 Low Cut Bedknife 94-6392 High Cut Bedknife 63-8600 Fairway Bedknife 108-4303 Extended Microcut Bedknife 108-4302 Extended Tournament Bedknife 115-1880 EdgeMax"` Microcut Bedknife (Standard) 115-1881 EdgeMax"`Tournament Bedknife 112-7475 EdgeMax"` Fairway Bedknife 106-2648-01 Bedbar (Standard) 99-3794-03 Aggressive Bedbar THATCHING REEL ACCESSORIES 117-6824 Thin dynaBLADE, (1.2mm Thickness) (Individual) 119-1128 Regular dynaBlade, (2mm Thickness) (Individual) 117-6839 Replacement Kit,1.2mm dynaBlade (36 Blades) 117-6840 Replacement Kit, 2mm dynaBlade (36 Blades) 121-6675 Spring Steel Kit 121-6674 Blade, Spring Steel 121-9525 Thatching Reel Quick Change Kit BIO -HYDRAULIC FLUID I HYDRAULIC FLUID I OIL 119-2157 Bio -Hydraulic Fluid, 5 gal. (18.9 L) 119-2158 Bio -Hydraulic Fluid, 55 gal. (208.2 L) 108-1178 Premium Hydraulic Fluid, 5 gal. (18.9 L) 108-1177 Premium Hydraulic Fluid, 55 gal. (208.2 L) 108-1197 Premium Engine Oil SAE 30, 5 gal. (18.9 L) 108-1196 Premium Engine Oil SAE 30, 55 gal. (208.2 L) TOOLS 04399 Turf Evaluator 125-5610 Paper — Reel 125-5611 Shim — Reel 94-9010 Height of Cut Bar Assembly The Greensmaster 3150 0�factured'F in Tomah, WI ISO 9002 Car lifie IJ, 44 AV 60 Greensmaster 3250-D Specifications' TRACTOR ' D MODEL 04384 ENGINE Kubota' 902 tier 4i, 3 -cylinder liquid -cooled diesel engine. 55.0 cu. in. (902 cc). Full pressure lubrication, oil filter. 24.8 hp (18.5 kW) @ 3600 rpm. Engine governed REEL WELDMENT to 2760 rpm high idle, 1500 rpm low idle (no load). FUEL CAPACITY 6 gallons (22.7 liters). Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). TRACTION DRIVE Hydraulic piston pump, closed loop system. 2WD Parallel Hydrostatic or 3WD Series Parallel piston pump closed loop system. Foot pedal forward and reverse; infinitely variable. REEL DRIVE Forward -mowing speed is variable from 2-5 mph (3.2-8 km/h), adjusted by stop on pedal mechanism. Mow speed setting does not affect transport speed. Maximum GROUND SPEED Greensmaster 3250-D transport speed is 8.8 mph (14.4 km/h), may be reduced by adjusting stop in footrest pan without affecting mow speeds. Reverse is 2.5 mph AGGRESSIVENESS (4.0 km/h) maximum. TURF COMPACTION 10 psi (.68 bar) average at recommended minimum tire pressures, with a 200 lb. operator, and cutting units down. STEERING Power steering. No -tool quick adjust steering arm position, with arm motion allowing a wide range of operator sizes. Steering cylinder has through shaft design for FRONT & REAR ROLLERS accurate straight line steering. CONTROLSIGAl1GES Raise/lower-mow lever. Functional control lever (neutral, mow, transport). Foot operated traction drive and brakes. Hour meter TOTAL WEIGHT and 4 bulb warning cluster. Hand operated choke, throttle. Mechanical engine speed control. Maintenance -free 12 -volt battery with 530 minimum cold cranking amps at 0' F (-17.7° C) and 95 minutes minimum reserve capacity at 85' F (29.4° C) 40 amp ELECTRICAL FEATURES alternator, circuit fused at 40 amps. Ignition switch/key. Seat switch. High temperature engine kill override switch. Harness terminals, fuse slot, and console switch location available for optional lights installation. SOUND LEVEL 84 dBA at operator ear under normal conditions. Width of Cut: 59.0" (150 cm) Overall Height: 77.5' (197 cm) Wheel Tread: 50.5' (128 cm) Net Weight Ino fuel, no operator): 1,216 lbs. (552 kg) OVERALL DIMENSIONS Wheel Base: 48.6' (123 cm) Reel Speed: Approx.1950 rpm @ 2760 rpm (Adjustable) Overall Length (w/baskets): 93.9" (238 cm) Overall Width: 68.0" (173 cm) TIRES Three 19 x 10.5-8, 2 ply pneumatic tubeless demountable and interchangeable. Smooth tread (approx.1290 rev/mile). 8-12 psi front; 8-15 psi rear. LEAK DETECTION Turf Guardian T" optional. BACKLAPPING Standard equipment. BRAKES 6" (15.2 cm) drum type mechanical with rack and pawl lock for parking. SEAT Contour seat with high backrest. T' (17.8 cm) fore/aft slider adjustment with two mounting positions, allowing 9" (22.8 cm) total seat travel. Operator manual tube mounted on the seat back for easy access. ROPS Roll over protection system standard. CERTIFICATION Certified to meet ANSI specification 871.4-2012 and European CE standards with appropriate kits installed. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. TRACTOR i BLADE DPA CUTTING UNITS, 04652 -BLADEDPA CUTTING UNITS, 114 -BLADE 04656 These cutting units will mount on any Toro riding Greensmaster (excluding Greensmaster TriFlex 33xx134xx series). HEIGHT OF CUT (HOC) RANGE Cutting height is adjusted on front roller by two vertical screws and held by two locking cap screws. Bench HOC range is .062"-.297° (1.6-7.5 mm). With high HOC kit, range is .297-1.0" (7.5-25.4 mm). Effective HOC may vary depending on turf conditions and bedknife installed. REEL WELDMENT Reels are 5" (13 cm) in diameter, 21" (53.3 cm) in length. High carbon steel blades are welded to 5 stamped steel spiders, and heat treated to RC 48-54 hardness. The eel is ground for diameter and concentricity, and backgrind. REEL BEARINGS Two stainless steel ball bearings, 30 mm inside diameter slip fit onto reel shaft retained by internally splined threaded insert. Low drag sealslslingers for added protection with o -ring sealed motor and counterweight. Reel position maintained by a wave washer with no adjusting nut. MAINTENANCE No grease zerks, sealed bearing design eliminates daily maintenance. REEL DRIVE The reel weldment shaft is a 1.375' (35 mm) diameter tube with internally splined threaded insert. FRAME Precision machined, die-cast aluminum cross member with two bolt -on die-cast aluminum side plates. AGGRESSIVENESS Aggressiveness stays constant throughout the life of the reel. Patented design. BEDKNIFE Replaceable single edged EdgeMax"' Microcut Bedknife is standard. BEDKNIFE ADJUSTMENT Dual screw, indexed "click" adjustment to the reel; detents corresponding positively to .0007' (.018 mm) bedknife movement for each position. FRONT & REAR ROLLERS Front: Not included with cutting unit, purchased separately. Option between full, narrow -spaced and wide -spaced roller. Rear: Steel full, 2" (5.1 cm) diameter with sealed bearings and through -shaft. GRASS SHIELD Non-adjustable shield with adjustable cut-off bar to improve grass discharge from reel in wet conditions. TOTAL WEIGHT 8 -blade: 72 lbs. (32.7 kg) with aluminum Wiehle Roller. 11 -blade: 75 lbs. (34 kg) with aluminum Narrow Wiehle Roller. 14 -blade: 781bs. (35 kg) with aluminum Wiehle Roller. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. The Greensmaster 3250-D anufactured �'F in Tomah, WI ISO 9002 Car it fi 44 4, 60 Greensmaster 3250-D Accessories' TRACTION UNIT ACCESSORIES 04477 3 -Wheel Drive Kit 04479 Thatching Reel (Set of 1) 04494 Greens Spiker Kit 04495 Greens Tri -Roller Kit 30707 Armrest Kit 99-4506 Traction Tires 104-7701 Hydraulic Oil Cooler Kit 04554 Light Kit 120-1951 Spark Arrestor 04497 Leak Detector 112-0279 Front Wheel Weight Kit 100-6442 2WD Weight Kit 99-1645 3WD Weight Kit 100-6430 Hose Adapter Kit 105-9766 Radiator Screen Kit 104-9400 Ground Follow Kit 115-4510 Bimini Folding Shade 115-4754 Wireless Hour Meter Greensmaster 3250-D Accessories' ROLLER OPTIONS 04626 Front Narrow Wiehle Roller (set of 3) 04627 Front Wide Wiehle Roller (set of 3) 04625 Front Full Roller (set of 3) 04628 Solid Steel Roller Kit (front Wiehle & rear steel rollers) 04629 Anti -Bobbing Roller 71-1550 Cast Iron Rear Wiehle Roller 107-3514 Steel Wide Wiehle Roller 121-4675 Extended Wiehle Roller 04258 Extended Narrow Wiehle Roller 04267 Narrow Wiehle Roller (for paspalum) 107-3510 Steel Narrow Wiehle Roller 120-9595 Steel Rear Roller (standard) 125-5180 DPA Rear Roller Extension Kit 120-9600 High Height of Cut Kit 04249 Split Full Front Roller 04250 Split Narrow Wiehle Roller Greensmaster 3250-D Accessories' *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE CUTTING UNIT & REEL OPTIONS 04652 8 -Blade Cutting Unit 04654 11 -Blade Cutting Unit 04656 14 -Blade Cutting Unit 119-4103 8 -Blade Reel (Individual) 121-6651 8 -Blade Reel, Heavy -Duty (Individual) 119-4104 11 -Blade Reel (Individual) 127-2202 14 -Blade Reel (Individual) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE GROOMER OPTIONS 04709 Groomer Drive Of (Set of 1) 04710 Groomer Drive Of (Set of 1) 04712 Groomer Reel, Spring Steel (Set of 1) 04713 Groomer Brush (Set of 1) 04274 Grooming Brush — Soft 04275 Grooming Brush — Stiff 112-9248 Groomer Pull Link Kit 04744 Grooming Reel -Thin Blade (Set of 1) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE SCRAPER OPTIONS 125-5303 Front Narrow Wiehle Roller Scraper 125-5304 Front Wide Wiehle Roller Scraper 125-5305 Front Full Roller Scraper 115-7377 Front Narrow Wiehle Roller Scraper Brush 115-7378 Front Wide Wiehle Roller Scraper Brush 115-7379 Front Full Roller Scraper Brush 115-7380 Front Narrow Wiehle Roller Scraper Comb 115-7381 Front Wide Wiehle Roller Scraper Comb 115-7382 Front Full Roller Scraper Comb 115-7383 Rear Roller Scraper 121-2260 Adjustable Rear Roller Scraper 04646 Spring Loaded Rear Roller Scraper (Set of 3) 107-9561 Anti -Bobbing Roller Scraper Kit 04726 Rotating Rear Roller Brush (LH) (Set of 1) 04724 Rotating Rear Roller Brush Of (Set of 1) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE & BEDBAR OPTIONS 93-4262 Microcut Bedknife 93-4263 Tournament Bedknife 93-4264 Low Cut Bedknife 94-6392 High Cut Bedknife 63-8600 Fairway Bedknife 108-4303 Extended Microcut Bedknife 108-4302 Extended Tournament Bedknife 115-1880 EdgeMax"` Microcut Bedknife (Standard) 115-1881 EdgeMax"`Tournament Bedknife 112-7475 EdgeMax"` Fairway Bedknife 106-2648-01 Bedbar (Standard) 99-3794-03 Aggressive Bedbar THATCHING REEL ACCESSORIES 117-6824 Thin dynaBLADE, (1.2mm Thickness) (Individual) 119-1128 Regular dynaBlade, (2mm Thickness) (Individual) 117-6839 Replacement Kit,1.2mm dynaBlade (36 Blades) 117-6840 Replacement Kit, 2mm dynaBlade (36 Blades) 121-6675 Spring Steel Kit 121-6674 Blade, Spring Steel 121-9525 Thatching Reel Quick Change Kit BIO -HYDRAULIC FLUID I HYDRAULIC FLUID I OIL 119-2157 Bio -Hydraulic Fluid, 5 gal. (18.9 L) 119-2158 Bio -Hydraulic Fluid, 55 gal. (208.2 L) 108-1178 Premium Hydraulic Fluid, 5 gal. (18.9 L) 108-1177 Premium Hydraulic Fluid, 55 gal. (208.2 L) 121-6393 Premium Engine Oil SAE 10W30, 5 gal. (18.9 L) 121-6392 Premium Engine Oil SAE IOU, 55 gal 1208,2 L) TOOLS 04399 Turf Evaluator 125-5610 Paper — Reel 125-5611 Shim — Reel 94-9010 Height of Cut Bar Assembly The Greensmaster 3250—D�manufactured z�� Tomah,in WI ISO 9002 Cerfft'i 44 9c�Ew 60 - Kubota' 21.5 hp (16 kW) diesel engine - Exclusive Sidewinderl cutting system - 72" (183 cm) or 85" (216 cm) width of cut - SeriesIParallelTm 3WD In Reetmaster 3100-D SMALL AREA REEL MOWER -JIM P-1 z Catt your Toro distributor at 800-803-8676 Reelmaster 3100-D Specifications* TYPE REELMASTER 31 00-D, MODEL 03170 1 REELMASTER 3100-D, MODEL 03171 wISIDEWINDER ENGINE Kubota liquid -cooled diesel, 3 -cylinder, 21.5 hp (16 kW) net @ 2500 RPM. Hlgh idle: 2,600 rpm, Low idle: 1,400 rpm (i -I- 50 rpm). 68.5 cu. in. (1123 cm3) 5, 8, and 11 -blade reels available for 27" (68.6 cm) cutting unit. 8 -blade reels available for 32" (81.3 cm) cutting unit. displacement. Pressurized lubrication system with 3.5 U.S. of. (3.3 liter) capacity. Heavy-duty, radial seal air cleaner. Fuel/water separator with visible bowl. CONFIGURATION Rear mounted engine, front operator position. Rear mounted radiator. Two post ROPS and seat belt standard. FUEL CAPACITY 7.5 gallons (28 liters). Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). TRACTION DRIVE Series/Parallel hydraulic traction circuit provides continuous 3 -wheel drive, in mow and transport. Hydrostatic traction drive Dual point adjustment (DPA) of bedknife to reel. provides infinitely variable speed in forward and reverse. 6 gallon (23 liter) hydraulic system capacity. GROUND SPEED Mow: 0-6 mph (0-10 km/h); Transport: 0-9 mph (0-14 km/h). Reverse: 0-4 mph. (0-6 km/h). Forward and reverse traction control pedals, mow/transport lever, hand activated park brake, ignition key switch, tilt steering wheel lock, PTO switch, throttle, joystick CONTROLS control for cutting unit raise and lower (and for moving cutting units side-to-side on Sidewinder equipped models), cutting unit transport lock, reel speed and backlap control knob. GANGES Hour meter, fuel gauge, cluster gauge with glow plug and charge indicator lights, and low engine oil pressure and high coolant temperature warning lights (high temperature safety shut off). ELECTRICAL & 12 -volt, 585 cold cranking amps at 0° F (-18° C), 40 amps with regulator/rectifier. Traction pedal, operator presence in seat, PTO engage or disengage, and cutting INTERLOCKS unit mow or transport safety interlock switches. TIRES Front: 20 x 12-10, 4 -ply Turf Tread. Rear: 20 x 10-10, 4 -ply Turf Tread FRAME Formed steel, welded steel and steel tubing. BRAKES Hydrostatic service brake, hand -operated parking brake. STEERING Power steering with tilt steering wheel. Track Width: 55" (140 cm) Overall Height: 71" (180 cm) with ROPS OVERALL Wheel Base: 56" (142 cm) Transport Width: 80" (203 cm) in 72" (183 cm) woo DIMENSIONS 92" (234 cm) in 85" (216 cm) woo Overall Length: 93" (248 cm) Approx. Weight with Cutting units: 1860 lbs. (844 kg) CUTTING UNIT Fixed position cutting units. Operator controlled moveable cutting units travel ±12" (30 cm) CONFIGURATION left or right from center; total of 24" (61 cm) of infinite variability. CUTTING UNIT 3" (7.6 cm) in 72" (183 cm) width of cut Maximum 15" (38 cm) in 72" (183 cm) width of cut. OFFSET 10" (25 cm) in 85" (216 cm) width of cut Maximum 22" (56 cm) in 85" (216 cm) width of cut. CERTIFICATION This product complies with the American National Standards Institute (ANSI B71-4 - 2012) and European Community specifications (CE Certified). EN ISO 5395. WARRANTY Two-year limited warranty, refer to operators manual for details. TYPE 27" CUTTING UNITS (03180, 03181, 1(03182) Three hydraulically -driven, balanced, 7" (17.8 cm) diameter reels. Cutting units interchangeable to all three positions. REEL BLADE OPTIONS 5, 8, and 11 -blade reels available for 27" (68.6 cm) cutting unit. 8 -blade reels available for 32" (81.3 cm) cutting unit. HOC RANGE Height of cut ranges .25" to 2" (.63 - 5.1 cm) standard in floating position, 1.5" to 2.5" (3.8 - 6.4 cm) in fixed position. CUTTING WIDTH 72" (183 cm), or 85" (216 cm) width of cut dependent on cutting unit selection. CLIP FREQUENCY/ BACKLAPPING Manually controlled variable reel speed for adjustment of clip frequency. Standard on -board backlapping. BEDKNIFE-TO-REEL ADJUSTMENT Dual point adjustment (DPA) of bedknife to reel. ROLLERS Full roller standard on rear of cutting unit and plastic front Wiehle roller. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. �7f61 J' The Reelmaster 3100—D is �act� reed �� J m 60 in Tomah, WI ISO 9002 Car fie" w 27" (69 CM) DPA CUTTING UNIT ACCESSORIES CUTTING UNIT OPTIONS 03188 27" (69 cm) 5 -Blade DPA Cutting Unit 03189 27" (69 cm) 8 -Blade DPA Cutting Unit 03190 27" (69 cm) 11 -Blade DPA Cutting Unit 03203 27" (69 cm) Verticutter Cutting Unit 03191 32" (81 cm) 8 -Blade DPA Cutting Unit 27" (69 CM) DPA CUTTING UNIT ACCESSORIES 03240 Universal Groomer 03241 27" (69 cm) Groomer Cartridge 03242 27" (69 cm) Universal RRB Kit 03243 Rear Roller Brush Kit 03244 End Weight Kit 132-7125 Bloomer Kit 03185 Grass Basket Kit 114-9368 Rear Roller Scraper Kit 114-9372-03 Wiehle Roller Scraper 114-9376 Comb/Scraper Kit 119-0630 Shoulder Roller Asm 114-9381-03 Shoulder Roller Scraper 114-9383 Full Front Roller 114-9386-03 Full Front Roller Scraper 119-4286 Short Rear Roller Asm 115-0838 High HOC Brush 119-0646-03 Fixed Plate (2 per cutting unit) 119-0649 Trim/HD Collar Kit (6 per roller) 119-0635 RM3100 Tipper Roller Kit 98-1852 Gauge Bar Reelmaster 3100-D Accessories* TRACTION UNIT ACCESSORIES 30358 Bimini Canvas Sunshade 115-4754 myTurf Wireless Hour Meter Assembly 03614 Golf Ball Guard 32" (81 CM) DPA CUTTING UNIT ACCESSORIES 03246 Rear Roller Brush Kit 03244 End Weight Kit 127-2104 5 -Blade Service Reel 114-9369 Rear Roller Scraper Kit 114-9373-03 Wiehle Roller Scraper 114-9377 Comb/Scraper Kit 115-0849 High HOC Brush 114-9384 Full Front Roller 114-9387-03 Full Front Roller Scraper 119-0640 Shoulder Roller Asm 114-9382-03 Shoulder Roller Scraper 119-4288 Short Rear Roller Asm 119-0646-03 Fixed Plate (2 per cutting unit) 119-0649 Trim/HD Collar Kit (6 per roller) 119-0635 RM3100 Tipper Roller Kit 98-1852 Gauge Bar *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. zanrlrlulr� a The Reelmaster 3100—D is Ffe$1 0 ^ G r m 60 in Tomah, WI ISO 9002 Car fie l �+J cv BEDKNIFE OPTIONS 114-9388 Standard (27") - Production 114-9389 Standard (32") - Production 112-8910 EdgeMax1m (27") 112-8956 EdgeMax1m (32") 114-9390 Heavy -Duty (27") 114-9391 Heavy -Duty (32") 120-1641 Extended Low -Cut (27") 120-1642 Extended Low -Cut (32") a The Reelmaster 3100—D is Ffe$1 0 ^ G r m 60 in Tomah, WI ISO 9002 Car fie l �+J cv Reetmaster'5410/5510/5610 FAIRWAY MOWERS • Powerful Tier 4 compliant engines - featuring Yanmarl3-cylinder, liquid -cooled, diesel engines. • Proven Reliability & Performance - time tested performance, maximum productivity and high quality. And we haven't stoodstill over the platform delivers exceptional durability, high performance and versatility. years. Toro spends a lot of time listening closely to our customers to better understand • Enhanced climbing and hillside stability - '1'14 .. "" "" "" " " ""' " ' -F.., ' "" "" "" """""" CrossTraxTm all -wheel drive system is based refine and improve each fairway mower to meet those needs. Everything from operator on the Toro patented Series/ParallelT" design. If one of the front tires begins to slip, power comfort and efficiency, to tractor performance, to cutting unit is transferred to the opposite rear tire for after -cut -appearance improvements, and even ease of optimum traction. maintenance is reviewed in our relentless effort to maximize • Precise Monitoring & Control - an onboard productivity and efficiency. InfoCenter allows viewing and changing of settings. It also provides essential information toro.com/reelmaster about service intervals, diagnostics and faults. Toro's Mow Speed Limiter is a simple mechanical design which produces consistent ; r results regardless of the operator. •Unparalleled Operator Comfort - with a tiff steering wheel and easy -access steps for every size operator, to a deluxe suspension�U"f seat, and a well thought out design that moved the radiator to the rear of the engine "� '" 51/ compartment to move heat rejection �" �� ,�� i %'o• �r „a and noise away from operator, ✓i r these fairway mowers are m designed for a comfortable, 5 , all -day operation. oris r� • Outstanding Quality of Cut - 14N46 Dual Precision Adjustment (DPA) cutting units - featuring Toro's all new EdgeSeriesTm reels combineNow to deliver a consistent, high quality cut r and superior after cut appearance, while �� W/ reducing maintenance with improved reel r, edge retention. �y R IT n" 12 Catt your Toro distributor at 800-803-8676 Reelmaster 541015410-D Specifications* *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ��Ati r The Reelmaster 5410 ise,nufactured in Tomah. WI ISO 9002c@9,9.45 ci m v 60 REELMASTER 5410 REELMASTER 0D ENGINE Kubota' 4 -cylinder, liquid cooled, diesel engine. 35.5 hp (26.5 kW) Yanmarl 3 -cylinder, liquid cooled, diesel engine. @ 3000 rpm. 36.8 hp (27.5 kW), 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin -on fuel filter/water separator. AIR CLEANER Heavy-duty three -stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.5 fins per Plate and bar radiator/oil cooler combination, 6.3 fins per inch, 10 quart (9.5 inch, 7.0 quart (6.6 liter) capacity. liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% 14 gallon (53 liter) capacity. Biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. 15 gallon (56.8 liter) capacity. TRACTION DRIVE Front drive wheels powered By a hydrostatic pump with individual wheel motors. All -wheel drive optional with CrossTrax" All -Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires Rear steer tires: 20 x 12-10 MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum -type front wheel Brakes. Brakes may Be actuated for service Braking via left foot pedal. Integrated foot pedal lock provides parking Brake. Dynamic Braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GANGES InfoCenter"' onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, Backlap speed, glow indicator (diesel), lift/lower indicator. Single foot -operated traction pedal, foot actuated mow speed limiter, foot Single foot -operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking Brake. Hand -operated key ignition switch, CONTROLS actuated service and parking Brake. Hand -operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and throttle, isochronous engine speed control, cutting unit raise/lower joystick, headlight switch all positioned on right hand pivoting control console. cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. Heavy-duty 12 -volt Battery, 570 CCA, 40 amp alternator. Electronic control unit Heavy-duty 12 -volt Battery, 570 CCA, 55 amp alternator. Electronic control unit ELECTRICAL &INTERLOCKS is a microprocessor Based, solid state control unit with diagnostic capabilities. is a microprocessor Based, solid state control unit with diagnostic capabilities. Traction pedal, parking Brake, operator presence in seat, and cutting unit Traction pedal, parking Brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled By an integrated hydraulic control Block. Reel speeds are electronically adjustable in nine incremental settings. Standard on -board Backlapping. CUTTING UNIT LIFTILOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high Back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat Belt HEIGHT 63" (160 cm) seat top, 85" (217.2 cm) top of BOPS. LENGTH (2WD) 111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 113.5" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,505 lbs. (1,136 kg) (20, 2,615 lbs. (1,186 kg) (4WD) 2,943 lbs. (1,335 kg) (20, 3,053 lbs. (1,385 kg) (4WD) CERTIFICATION Complies with ANSI 871.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator's Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ��Ati r The Reelmaster 5410 ise,nufactured in Tomah. WI ISO 9002c@9,9.45 ci m v 60 Reelmastere 541015410-D Accessories* TYPE 8 -BLADE II 03621 -BLADE II 03623 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 5" (12.7 cm) diameter, 8 & 11" blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25' -1.0" (6.4-25.4 mm) standard. Up to 1.5 (38.1 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-2,000 rpm with a backlap speed of 200 pm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 2.5 (6.4 cm) diameter shortened steel rear roller. Other roller configurations optional. TYPE UNIVERSALROOMER, MODEL 03763 Forward, Reverse & Neutral. Rotating blades with optional Broomerlm brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5' (52.1 cm) GROOMING RANGE 0-0.25' (0-6.4 mm) below height of cut when engaged, 0.5 (0-12.7 mm) above Groomer height of cut when disengaged. BLADES 2.5 (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5 (12.7 mm) spacing. TYPE POWERED REAR ROLLER BRUSH, MODEL 03668 Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT Pi -point SPIN RATE Rapid 2000 rpm spin rate. CUTTING UNITS 03621 5" (12.7 cm) 8 -blade DPA cutting unit 03623 5" (12.7 cm) 11 -blade DPA cutting unit 03618 5" (12.7 cm) verticutter cutting unit 5" (12.7 cm) CUTTING UNIT ACCESSORIES TRACTION UNIT ACCESSORIES 03655 CrossTraxl All -Wheel Drive Kit 03667 Air -ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 5" (12.7 cm) CUTTING UNIT ACCESSORIES 03763 Universal Groomer 03765 22" (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03417 Universal Only Weight Kit 03658 Powered rear roller brush for groomers 03413 Weight for cutting units with attatchments 03406 Powered rear roller brush only 03411 End Weight Kit 03415 Flex Grass Basket 31 6845 Flex Groomer Rod Kit *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 & 5610 manufactured a� ,�oy ct F in Tomah, WI ISO 9002 CertifieBP[age 45 w 60 BEDKNIFE OPTIONS 108-9095 EdgeMax"" 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 & 5610 manufactured a� ,�oy ct F in Tomah, WI ISO 9002 CertifieBP[age 45 w 60 Reelmaster 551015510-D Specifications* *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ��Ati r The Reelmaster 5510 isgnufactured '- m in Tomah. WI ISO 9002 �artlar age, 45 ry 60 „ , MODEL 03676 TIER 4 DIESEL, MODEL 03607 4 ENGINE Kubota,' 4 -cylinder, liquid cooled, diesel engine. 35.5 hp (26.5 kW) @ 3000 rpm. Yanmar 3 cylinder, liquid cooled, diesel engine. 36.8 hp (27.5 kW). 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. Tier 4 Final Compliant. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin -on fuel filter/water separator. AIR CLEANER Heavy-duty three -stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.5 fins per Plate and bar radiator/oil cooler combination, 6.3 fins per inch, 10 quart (9.5 inch, 7.0 quart (6.6 liter) capacity. liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% 14 gallon (53 liter) capacity. Biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. 15 gallon (56.8 liter) capacity. TRACTION DRIVE Front drive wheels powered By a hydrostatic pump with individual wheel motors. All -wheel drive optional with CrossTrax„ All -Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires Rear steer tires: 20 x 12-10 MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum -type front wheel Brakes. Brakes may Be actuated for service Braking via left foot pedal. Integrated foot pedal lock provides parking Brake. Dynamic Braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GAUGES InfoCenter"' onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, Backlap speed, glow indicator (diesel), lift/lower indicator. Single foot -operated traction pedal, foot actuated mow speed limiter, foot Single foot -operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking Brake. Hand -operated key ignition switch, CONTROLS actuated service and parking Brake. Hand -operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and throttle, isochronous engine speed control, cutting unit raise/lower joystick, headlight switch all positioned on right hand pivoting control console. cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. Heavy-duty 12 -volt Battery, 570 CCA, 40 amp alternator. Electronic control unit Heavy-duty 12 -volt Battery, 570 CCA, 55 amp alternator. Electronic control unit ELECTRICAL &INTERLOCKS is a microprocessor Based, solid state control unit with diagnostic capabilities. is a microprocessor Based, solid state control unit with diagnostic capabilities. Traction pedal, parking Brake, operator presence in seat, and cutting unit Traction pedal, parking Brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled By an integrated hydraulic control Block. Reel speeds are electronically adjustable in nine incremental settings. Standard on -board Backlapping. CUTTING UNIT LIFT/LOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high Back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat Belt HEIGHT 63" (160 cm) seat top, 85.5' (217.2 cm) top of BOPS. LENGTH (2WD) 111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 116" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,693 lbs. (1,222 kg) (20, 2,803 lbs. (1,271 kg) (4WD) 3,131 lbs. (1,420 kg) (20, 3,241 lbs. (1,470 kg) (4WD) CERTIFICATION Complies with ANSI 871.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator's Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ��Ati r The Reelmaster 5510 isgnufactured '- m in Tomah. WI ISO 9002 �artlar age, 45 ry 60 Reelmaster 551015510-D Accessories* TYPE iAND-BLADE II I6il6'AND I. 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 7" (17.8 cm) diameter, 8 and 11 blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25' -1" (6.4-25.4 mm) standard. Up to 2" (50.8 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-1,650 rpm with a backlap speed of 200 pm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 3" (7.6 cm) diameter steel rear roller. Other roller configurations optional. TYPE UNIVERSALROOMER, MODEL 03763 Forward, Reverse & Neutral. Rotating blades with optional Broomerlm brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5' (52.1 cm) GROOMING RANGE 0-0.25' (0-6.4 mm) below height of cut when engaged, 0-0.25' (0-6.4 mm) above height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. TYPE POWERED REAR ROLLER BRUSH, MODEL 03408 Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven I I point SPIN RATE Rapid 2000 rpm spin rate. 7" (17.8 cm) CUTTING UNIT ACCESSORIES CUTTING UNITS 03629 7" (17.8 cm) cutting unit finishing kit 03638 7" (17.8 cm) 8 -blade, radial: 03639 7" (17.8 cm) 8 -blade, forward -swept 03641 7" (17.8 cm) 11 -blade, forward -swept 03619 1 7" (17.8 cm) verticutter cutting unit 7" (17.8 cm) CUTTING UNIT ACCESSORIES TRACTION UNIT ACCESSORIES 03655 CrossTraxl All -Wheel Drive Kit 03667 Air -ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 7" (17.8 cm) CUTTING UNIT ACCESSORIES 03768 Universal Groomer 03765 22" (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03418 Universal Only Weight Kit 03659 Powered rear roller brush for groomers 03419 Universal w/RRB Weight Kit 03408 Powered rear roller brush only 03405 Weight for cutting units without attatchments 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 is anufactured a� ' ct F in Tomah, wi iso 9002 arty �� . 45 60 BEDKNIFE OPTIONS 108-9095 EdgeMax"" 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 is anufactured a� ' ct F in Tomah, wi iso 9002 arty �� . 45 60 Reelmaster 5610 Specifications* ENGINE REELMASTER 5610 4WD, MODEL 03678 1 REELMASTER 5610-D 4WD, MODEL 03679 4 Kubota 4 -cylinder, liquid cooled, diesel engine. 44.2 hp (33 kW) @ 3000 rpm. Yanmarl 3 -cylinder, liquid cooled, turbo -diesel engine. 43.5 hp (32.4 kW), 74.4 ft. lbs. (105 Nm) torque,1.64 liter displacement. Tier 4 Final Compliant. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin -on fuel filter/water separator. AIR CLEANER Heavy duty three -stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.3 fins per inch, 10.0 quart (9.5 liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. TRACTION DRIVE Front drive wheels powered by a hydrostatic pump with individual wheel motors. All -wheel drive optional with CrossTraxl All -Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors. CrossTraxl All -Wheel Drive system standard, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors. GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires; Rear steer tires: 20 x 12-10. MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum -type front wheel brakes. Brakes may be actuated for service braking via left foot pedal. Integrated foot pedal lock provides parking brake. Dynamic braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GANGES InfoCenter'" onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, backlap speed, glow indicator (diesel), lift/lower indicator. CONTROLS Single foot -operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand -operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. ELECTRICAL &INTERLOCKS Heavy duty 12 -volt battery, 570 CCA, 40 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled by an integrated hydraulic control block. Reel speeds are electronically adjustable in nine incremental settings. Standard on -board backlapping. CUTTING UNIT LIFTILOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat belt HEIGHT 63" (160 cm) seat top, 85.5' (217.2 cm) top of BOPS. LENGTH (2WD) 111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 116" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,756 lbs. (1,276 kg) (20, 2,866 lbs. (1,326 kg) (4WD) CERTIFICATION Complies with ANSI 671.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator's Manual for details. WARRANTY I Two-year limited warranty. Refer to the Operator's Manual for further details. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. THAN The Reelmaster 5610 ��anufryryactured ct�� "m in Tomah, WIISo9oo2Ce ig�Qenf45 9c�Ev 60 Reelmaster 5610 Accessories* TYPE iAND-BLADE II I6il6'AND I. 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 7" (17.8 cm) diameter, 8 and 11 blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25' -1" (6.4-25.4 mm) standard. Up to 2" (50.8 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-1,650 rpm with a backlap speed of 200 pm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 3" (7.6 cm) diameter steel rear roller. Other roller configurations optional. TYPE UNIVERSALROOMER, MODEL 03763 Forward, Reverse & Neutral. Rotating blades with optional Broomerlm brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5' (52.1 cm) GROOMING RANGE 0-0.25' (0-6.4 mm) below height of cut when engaged, 0-0.25' (0-6.4 mm) above height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. TYPE POWERED REAR ROLLER BRUSH, MODEL 03408 Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven I I point SPIN RATE Rapid 2000 rpm spin rate. 7" (17.8 cm) CUTTING UNIT ACCESSORIES CUTTING UNITS 03629 7" (17.8 cm) cutting unit finishing kit 03638 7" (17.8 cm) 8 -blade, radial: 03639 7" (17.8 cm) 8 -blade, forward -swept 03641 7" (17.8 cm) 11 -blade, forward -swept 03619 1 7" (17.8 cm) verticutter cutting unit 7" (17.8 cm) CUTTING UNIT ACCESSORIES TRACTION UNIT ACCESSORIES 03655 CrossTraxl All -Wheel Drive Kit 03667 Air -ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 7" (17.8 cm) CUTTING UNIT ACCESSORIES 03768 Universal Groomer 03765 22" (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03418 Universal Only Weight Kit 03659 Powered rear roller brush for groomers 03419 Universal w/RRB Weight Kit 03408 Powered rear roller brush only 03405 Weight for cutting units without attatchments 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. SCRAPER OPTIONS 107-3280 BEDKNIFE OPTIONS 108-9095 Wiehle Roller Scraper EdgeMax"" 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5610 900W a� in Tomah, WI ISO90g�Ce �enA5 V 60 • Quick Attach System to change implements in seconds without tools • Over 25 implements available • Hydraulic power steering (5040) • Exclusive steerable front attachments (5040) • 16hp (3040), 18hp (5040) Kawasaki V -twin engine • Responsive hydraulically -actuated front (5040) and rear attachments Sand Pro'3040/5040 BUNKER RAKE ro Catt your Toro distributor at 800-803-8676 Sand Pro 3040 & 5040 Specifications* MM ENGINE SAND PRO 3040, MODEL 08703 I PRO 5040, MODEL 08705 Vanguard, V -twin cylinder, 4 -cycle, BHV, air-cooled, gas engine with cast iron sleeves, 16 hp 111,9 kw at 3600 rpm, Displacement: 29,3 cu. In. 1480 cc]. DII capacity, 1,75 quart 11.8 liter], Electronic ignition, full pressure lubrication, oil filter. Base mounted engine and pump with 4 isolation mounts. Vanguard, V -twin cylinder, 4 -cycle, BHV, air-cooled, gas engine with cast iron sleeves, 18 hp 113,4 kWJ at 3600 rpm, Displacement 34.8 cu. In. 1570 cc]. DII capacity, 1,75 quart 11.8 liter], Electronic ignition, full pressure lubrication, oil filter. Base mounted engine and pump with 4 isolation mounts. AIR CLEANER SYSTEM Remote mounted 3-phase Donaldson" air cleaner. FUEL CAPACITY 5.0 gallon (18.9 liter) of unleaded gasoline. TRACTION DRIVE Direct driven hydrostatic variable displacement piston pump to 3 hydraulic motors for 3WD. Large, front mounted hydraulic cooler and fan. Foot pedal control, forward/reverse. Patented Series/Parallel hydraulic traction system keeps three wheels working together, virtually eliminates spin -outs. GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. HYDRAULIC OIL 5.0 gallon (18.9 liter) system capacity. Nylon reservoir to reduce corrosion. 10 (nominal) micron replaceable cartridge. TIRESIWHEELS Three 22 x 11.00-8 pneumatic tubeless tires on demountable, interchangeable wheels. Tire pressure: 4-6 psi (27.5 kPa). MAIN FRAME Tricycle vehicle with welded rectangular tubular steel frame construction. Rear engine placement. BRAKES Dynamic braking through the hydrostatic transmission and hand actuated brake lever. STEERING Manual front wheel steering. 15" (38 cm) diameter steering wheel. Double lobed for life gearbox. Hydraulic power steering. 15" (38 cm) diameter steering wheel. CONTROLSI6AU6ES Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Foot pedal controls traction forward/reverse speed. Rear hydraulic lift and lower controls. Gauges: hour meter. Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Foot pedal controls traction forward/reverse speed. Front and rear hydraulic lift and lower controls. Gauges: hour meter. SEAT High -back cushion seat wldrain hole. 4" front -back adjustment wladditional 1.75' mounting adjustment. (arm rests optional) ELECTRICAL FEATURES 12 -volt battery, 15 amp., 300 CCA @ 0° F,12 -volt electric starter. Dash mounted ignition switch with key. Neutral interlock switch, seat switch. Also provisions for light kit. 12 -volt battery, 15 amp., 3DB CCA @ D° F,12 -volt electric starter. Fender mounted ignition switch with key. Neutral interlock switch, seat switch, also provisions for light kit. POWER 97 dB(A) under normal operating conditions. DIMENSIONS Width: 58" (147 cm), Length: 67.5' (171.5 cm), Height: 45.25" (114.9 cm), Wheelbase: 42.75" (108 cm) GROUND CLEARANCE 6.0" (15.2 cm) WEIGHT Net weight (less fluids): 930 Has. (421.8 kg). WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. Briggs & Stratton provides a two-year commercial engine warranty and a lifetime Magnetron warranty. MID -MOUNT ASSEMBLY FRONT FRONT LIFT FRAME ASSEMBLY Front Quick Attach System ' mounting assembly and hydraulic components. Used on Sand Pro 5040 only. Model 08713. HYDRAULIC FLEX BLADE Hydraulic GAS flex blade is designed for leveling, packing, and smoothing uneven areas in one pass. Model 08712. Available for SP5040 only (requires Front Lift Frame Assembly - 08712) DISCHARGE KIT Standard 40" (102 cm) width steel blade. Spring balanced manual blade is used for leveling uneven areas and pushing up bunkers after washouts (cannot be used MANUAL BLADE when 08712 is installed). Model 08714. LIP BROOM Blade extension available to increase blade width to 60" (152 cm) for leveling out larger uneven areas. PN 115-5646. MID -MOUNT ASSEMBLY FRONT & REAR OAS ATTACHMENTS BUNKER PUMP Throws water up to 40' (12 m) and can pump 95 gal/min (360 Umin). Adjustable throw direction and angle. Requires Rear Remote Hydraulics (08781) for rear GAS mount. Requires Front Lift Frame Assembly (08712), Rear Remote Hydraulics (08781) and Front Remote Hydraulics for front GAS mount (on SP5040 only) Model 08765. BUNKER PUMP REMOTE An available 50' (15 m) discharge hose allows the GAS Bunker Pump to be removed and dropped into hard to reach areas. DISCHARGE KIT PN 115-2084. Used for general scarifying applications. Rotate teeth to maximize tine life (requires Mid -Mount Assembly - 08731). Model 08734. Eliminates the task of manually maintaining infield lips. Removes ridge buildup by sweeping material back into the infield. Mounts to front GAS (SP5040) and rear LIP BROOM GAS (SP3040 & 5040). Requires Front Lift Frame Assembly- 08712 for front attachment (on SP5040 only) Use for light to moderate scarifying and daily maintenance in bunkers and on premium fields (requires Mid -Mount Assembly - 08731). Model 08733. Lip Broom available from Rahn Industries at www.rahngroomer.com or 1-800-298-1707. Maintains the grass edge of the outfield near the infield skin or warning track. Easily renovate ballfields by removing overgrown turf and infield lip build-up. Significantly reduces labor required for infield edging (requires Rear Remote Hydraulics - 08781). Model 08766. The 64" Turf Plow is a great tool for removing aeration cores from greens, clearing snow from walkways, cart paths and even sports fields. It is lightweight and TURF PLOW features a rounded lower lip that Is gentle on turf. The Turf Plow fits both Sand Pro 3040 and 5040. Turf Plow is available from Nordic Plow at nordicplow.com MID -MOUNT ASSEMBLY MID -MOUNT Base mounting assembly for mid -mount toolbars with spring-loaded regulation to allow relief if obstruction is hit. Model 08731. WEEDER TINE TOOLBAR Ideal for removing weeds and grass from less maintained bunkers and fields (requires Mid -Mount Assembly - 08731). Model 08732. LEVELING BLADE Attaches to any mid -mount toolbar to quickly level out large areas. Foot operated latch allows operator to lower leveling blade independently from the other mid - mount toolbar. PN 108-8496. SOLID TINE TOOLBAR Used for general scarifying applications. Rotate teeth to maximize tine life (requires Mid -Mount Assembly - 08731). Model 08734. CARBIDE TINE TOOLBAR Use in the harshest conditions and for extended life -15 carbide tines included (requires Mid -Mount Assembly - 08731). Model 08735. SPRING TINE TOOLBAR Use for light to moderate scarifying and daily maintenance in bunkers and on premium fields (requires Mid -Mount Assembly - 08731). Model 08733. EDGER Maintains the grass edge of the outfield near the infield skin or warning track. Easily renovate ballfields by removing overgrown turf and infield lip build-up. Significantly reduces labor required for infield edging (requires Rear Remote Hydraulics - 08781). Model 08766. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2115 The Sand Pro 3040 &5� are manufac ' 'F in Tomah, WI ISO 9002 art 1a4.4� �v 60 Sand Pro 3040 & 5040 Accessories* TOOTH RAKE REAR OAS ATTACHMENTS Designed to lightly scarify, pack, smooth and groom in one pass. Use in dry or wet conditions and can improve the condition of neglected sports fields. Model 08751. WEIGHT KIT FOR TOOTH RAKE Additional weight for the Tooth Rake attachment to improve performance in coarse or wet conditions. Set of 5 weights. PN 115-4333. TOOTH RAKE BROOM 75" (190 cm) Brush -Attaches behind the Tooth Rake (08751) for a smoother finish. Model 08816. PIVOTING TROWELS KIT This kit allows independent outside trowels to pivot and rake across the entire turn which eliminates unraked teardrop -Attaches to Tooth Rake (08751). PN 119-7158. SPRING RAKE Leaf rake assembly designed to be used alone or in combination with the tooth rake (08751) to achieve desired appearance. Great for wet conditions and collecting debris in groomed areas (if used independently, requires GAS A -Frame Assembly, 108-9427). Model 08752. DRAG MAT CARRIER SYSTEM OAS -mounted carrier frame with hydraulic lifter allows operator to raise and lower drag mats without ever leaving the operator seat. 72" (183 cm) width. Model 08756. COCO DRAG MAT Quickly produces a premium finish on dry, level surfaces (requires Drag Mat Carrier System - 08756). Model 08758. STEEL DRAG MAT Designed to for more rugged surfaces to quickly groom and finish. Use on wet or dry sand surfaces (requires Drag Mat Carrier System - 08756). Model 08757. NAIL DRAG Pivots to follow the contours of uneven field surface. Use to scarify, loosen, or weed before smoothing. Easily adjust nail pattern and depth. Accepts up to a 40D common nail. Model 08761. SEGMENTED GROOMING BROOM Designed to minimize top surface disruption, to maximize firmness, and provide a smooth finished look in contoured bunkers. Model 08753. REPLACEMENT SEGMENTED GROOMING BROOM Replacement grooming broom with stiffer bristles. PN 110-8182. WEIGHT KIT FOR SEGMENTED GROOMING BROOM Additional weight for Segmented Grooming Broom to improve performance in coarse or wet conditions. Set of 4 weights. PN 112-0025. GROOMING BRUSH Designed to groom and level synthetic turf fields. Designed to brush in topdressing and stand-up turf on greens and tees - (requires Synthetic Turf Brush Kit, PN 119-7107 or Greens Brush Kit, PN 119-7108). Model 08794. SYNTHETIC TURF BRUSH For use with Turf Groomer, 08794. PN 119-7107. GREENS BRUSH For use with Turf Groomer, 08794. PN 119-7108. SPRING TINE KIT Use to help stand-up and decompact synthetic turf. For use with Turf Groomer, 08794. PN 119-7109. MAGNET ATTACHMENT Use to collect ferrous debris on synthetic field. For use with Turf Groomer, 08794. PN 119-2827. SYNTHETIC TURF CONDITIONER Stainless spring steel brushes loosen infill from compacted synthetic turf fields. Use to scarify, loosen, or weed infields. Use to groom beaches and rocky trails. Model 08790. GAS FINISH GRADER Use to level and/or scarify large areas. Includes box plow and scarifier with spring load regulation to allow relief if obstruction is hit. Model 08754. RAHN GROOMER The Rahn GL650 Infield Groomer levels uneven playing fields, helping to prevent ridge build up while creating a safer, more consistent infield. The triple row broom is perfect for finishing the playing surface and can be stored upright for easy transport. The 2 -way leveling system provides both a lock and float position to match infield conditions Rahn Groomer available from Rahn Industries at www.rahngroomer.com or 800-298-1707. GAS SPIKER Use for spiking greens and other formal turf to increase air flow for healthier turf. Model 08755. GAS DEBRIS BLOWER High powered blower designed to quickly clear debris from groomed and unwanted areas. Hydraulically -powered, 2000 rpm fan speed - 2700 cfm @ 81 mph (2700 cfm @ 130 kph). Requires Rear Remote Hydraulics - 08781. Model 08759. BASIC DRAG MAT SYSTEM Basic Drag Mat System, Model 112-1424 (requires 108-9427 & 110-1375) OAS A -FRAME ASSEMBLY ACCESSORIES Can attach Spring Rake 08752 to be used independently. PN 108 9427. 400 -HOUR FILTER MAINTENANCE KIT Includes 9 engine oil filters, 2 hydraulic oil filters and 2 air filters. Model 30035. REAR REMOTE HYDRAULICS Quick -connect design allows rear -powered attachments to be connected in under a minute. Model 08781. FRONT REMOTE HYDRAULICS Quick -connect design allows front -powered attachments to be connected in under a minute. Model 08782. VARIABLE ORIFICE KIT Slows hydraulic lift and lower for increased precision and accuracy when using hydraulically -powered attachments. PN 112-1433. LIGHT KIT Front and rear flood lights improve operator visibility during low natural light operation. PN 110-1314. SPEED CONTROL KIT Adjustable speed check trains operators to groom at the desired speed while allowing the traction unit to operate in transport speed between tasks without any adjustments or levers. PN 110-1371. HITCH/TOW BAR Converts the traction unit to a utility vehicle to transport materials or trailers. Attaches to GAS A -Frame or 108-9427 for quick removal. PN 110-1375. FRONT WEIGHT KIT r5O to (22.7kg) - allows the Spiker or Rahn' Groomer attachments without the Front Lift Frame Assembly attached to meet ANSI compliance. PN 100-6442. SMOOTH TIRE OPTIONAL Includes individual tire, wheel and stem valve assembly. Typically used on greens. PN 112-0034. TURF TIRE Turf tread tire. PN 94-6126. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2115 The Sand Pro 3040 & S0� are manufac in Tomah, WIISO I �-1 51t. 60 • Toro SpeedContr'l delivers precise ground speed during spraying and top dressing applications • Two -speed transmission with high and low range • Total vehicle payload of 3,295 lbs (1498 kg)* • Towing capacity 3,500 lbs (1591 kg) • Kohler 28hp liquid -cooled ER gasoline engine • Two -wheel and four-wheel drive options Workman'HDX Auto HEAVY-DUTY UTILITY VEHICLE Toro's proprietary SpeedContr'lTm insures precise ground speed to engine speed critical for accurate application rates with bed mounted top dressers and sprayers. Simply select the correct position on the SpeedContr'l and you are set. Put your foot to the floor and maintain consistent speed over undulating fairways and hills. Let the transmission and the engine do the work so the operator can focus on getting the job done. toro.com/hd Catt your Toro distributor at 800-803-8676 Workman® HDX Auto Specifications* WORKMAN HDX AUTO, MODEL 07390 1 07390TC ENGINE 28 hp (14.9 kW) Kohler LH775 Twin -cylinder, liquid -cooled electronic fuel injection DISPLACEMENT 747cc FUEL Gasoline COOLING Liquid TRANSMISSION Variable speed transmission with forward high -low range and reverse featuring Toro SpeedContr'[TM MAXIMUM SPEED Forward low range 11 mph (17.7 km/h), Forward high range 20 mph (32.2 km/h), Reverse 13 mph (20.9 km/h) 4WD MODEL Fully automatic on -demand, bi-directional system. Uses dual bi-directional clutches. In event of rear tire slippage, clutches transmit power proportionally to front wheel with highest traction. BASE MACHINE WEIGHT HDX Auto 2WD: 1,905 lbs (866 kg) (INCLUDES BED) HDX Auto 4WD: 1,935 lbs (880 kg) TOTAL PAYLOAD CAPACITY (INCLUDING TWO, 200LB HDX Auto 2WD: 3,295 lbs (1498 kg) PASSENGERS) HDX Auto 4WD: 3,265 lbs (1484 kg) CARGO BED CAPACITY (ASSUMES TWO, 200LB HDX Auto 2WD: 2,895 lbs (1316 kg) PASSENGERS) HDX Auto 4WD: 2,865 lbs (1303 kg) LENGTH 127.6" (324 cm) without bed; 30" (330 cm) with bed WIDTH 64.7" (164.3 cm) HEIGHT 75.8" (192.5 cm) to top of ROPS CLEARANCE CIRCLE 2WD Inside = 32" (81 cm); Outside = 194" (493 cm) 4WD Inside = 100" (254 cm); Outside = 300" (726 cm) GROUND CLEARANCE 7" (18 cm) with no load DIFFERENTIAL LOCK Electronic switch to engage rear differential lock FRONT SUSPENSION Independent suspension with dual A -frame control arms, dual coil springs and dual shock absorbers with anti -sway bar. Provides 5.75" (14.6 cm) travel. REAR SUSPENSION DeDion rear axle (weight carrying axle) suspension independent of transaxle with dual leaf springs and dual shock absorbers. Provides 3" (7.6 cm) travel. BRAKES 4 -wheel hydraulic disc brake system CERTIFICATIONS Certified to meet SAE J2258. Certified to meet ISO/DIS 21299 for BOPS. Engine meets all applicable emission standards per the manufacturer. Certified to meet the CE Machinery Directive. WARRANTY Two-year limited warranty. See Operator's Manual for further details. 600 lbs (272 kg) tongue weight TOW HITCH 3,500 lbs (1587 kg) trailer weight Trailers over 1,500 lbs (680 kg) require trailer brakes *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. 2015 Tara Commercial Equipment Guide 15-003-T Rev. 2/15 r The Workman HD utility vehicle is nufacture F in Tomah, WI ISO 9002 Certified P t. - L. 60 TAB 5 -Other Forms. The following forms should be completed and signed: 1. Attachment B: Required Response Form a. Vendor Information form b. Exceptions & Confidential Information form See attachment `Exceptions Taken'. c. General Questionnaire form d. Lawful Presence Affidavit e. Respondent Certification form (Offer and Acceptance) See Attachment B. 2. W-9 Form. All responses should include a fully completed, current W-9 form. Failure to include the W-9 will not disqualify your response, however the W-9 must be submitted to the City prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/daub/irs-pdf/fw9.pdf) W-9 attached. 3. The successful Respondent will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. The Agreement shall be signed no later than issuance of the City of Mesa's Notice of Intent to Award letter. Respondent should complete all reviews of the document prior to submitting a response. Respondent's response should include any proposed exceptions to the National IPA Administration Agreement. Included in Exceptions Document attached. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 464 of 1360 �i REQUIRED RESPONSE FORMS mesa„ VENDOR INFORMATION Company Legal/Corporate Name: The Toro Compan Doing Business As (if different than above): Toro Address: 8111 Lvndale Ave South City: Bloomington State: MN Zip: 55420 Phone: 952-887-7936 Fax: E -Mail Address: peter.whitacre(cbtoro.com Website: www.toro.com DUNS # 006477400 State Where Business Entity Was Formed: Delaware Remit to Address (if different than above): Order from Address (if different from above): Address: varies by dealer Address: varies by dealer City State: Zip: Contact for Questions about this bid: Name: Peter Whitacre Phone: 952-887-7936 Day -to -Day Project Contact (if awarded): Name: Jon Stodola Phone: 952-887-7937 Sales/Use Tax Information (check one). City: State: Zip: Title: Regional Business Manager E -Mail Address: peter.whitacre(o)toro.com Title: Government Sales Manager E -Mail Address: Ron. stodola(o)toro,com F-1 Respondent is located outside Arizona and does NOT collect Arizona State Sales/Use Tax. (The City will pay use tax directly to the Arizona Department of Revenue.) El Respondent is located outside Arizona, but is authorized to collect Arizona Sales/Use Taxes. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities.) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % Respondent is located in Arizona. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities) State Sales Tax Number: 07-635557-U City Sales Tax Number: 16-00000563 City of: Goodyear AZ Applicable Tax Rate: variable based on purchase amount. Line items $5,000 or less taxed at 8.8%. Line items $5001 and greater taxed at 7.5%% V7/14/2015 Required Response Forms - Page 1 of 5 2017025 Page 465 of 1360 EXCEPTIONS & CONFIDENTIAL INFORMATION Exceptions (mark one). Respondents shall indicate any and all exceptions taken to the provisions or specifications in this Solicitation. Exceptions that surface elsewhere in the Response and that do not also appear under this section shall be considered rejected by the City, invalid and of no contractual significance. Other Forms or Documents: If the City is required by the awarded Respondent to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Respondents forms or documents. *Special Note - Any material exceptions taken to the City's Specifications and/or Standard Terms and Conditions may render a Bid Non-responsive. El No exceptions Exceptions Taken: Please describe exact sections to which exception is taken. If proposing new or modified language, your firm shall identify the requested language below or provide as additional attachment. The City reserves the right to accept or reject any requested exceptions listed in the below section or attached to the solicitation. see attachment 'Exception Taken' Confidential/Proprietary Information (mark one). F-1 No confidential/proprietary materials have been included with this Response. Fq Confidential/Proprietary materials included with Response. Respondent must identify below any portion of their Response deemed confidential or proprietary and attach additional pages if necessary (See Mesa Standard Terms and Conditions related to Public Records). Requests to deem the entire bid as confidential will not be considered. The disclosure by the City of information deemed by Respondent as confidential or proprietary is governed by City of Mesa Procurement Rules. All pricing submitted with this RFP V7/14/2015 Required Response Forms - Page 2 of 5 2017025 Page 466 of 1360 GENERAL QUESTIONNAIRE Compliance with Applicable Laws. Respondent complies with Exhibit 1, Draft Agreement, Exhibit C, Mesa Standard Terms & Conditions, 9. "Compliance with Applicable Laws"? M Yes n No 2. Delivery. Delivery, as stated in Detailed Specifications, can be met. F Yes n No If no, specify number of days for delivery 3. Payment terms. Payment Due (Not less than net 30 days): 30 Payment Discount of 0% if invoices are paid within days of receipt. 4. Procurement Card. Does Respondent allow payment of invoices using a Procurement Card? Fq Yes n No (Marking a "no" answer will not disqualify your Response.) Discount for Procurement Card Purchases? There is no discount for using Procurement Cards but there may be a convenience fee charged by the dealer% 5. Cooperative Purchasing. The use of this Agreement as a cooperative purchasing agreement available to other governmental agencies is described in the Mesa Standard Terms and Conditions. The use of this Agreement as a cooperative purchasing agreement is subject to approval by the Respondent as designated below. 6. Does Respondent agree to extend the prices, terms and conditions of the Agreement to other agencies as specified in the Standard Terms and Conditions? M Yes n No (Marking a "no" answer will not disqualify your Response.) Addenda. Respondents are responsible for verifying receipt of any addenda issued by checking the City's website at www.mesaaz.aov/business/purchasing or the Vendor Self Service portal prior to the Response Due date and time. Failure to acknowledge any addenda issued may result in a response being deemed non- responsive. Failure to review addenda does not negate Respondent's initial offer and holds Respondent for any changes prior to Response Due date and time. Acknowledgement of Receipt and Consideration of Addenda (if applicable): Addenda # 1 M 2 F 3 n 4 n V7/14/2015 Required Response Forms — Page 3 of 5 2017025 Page 467 of 1360 LAWFUL PRESENCE AFFIDAVIT FJ CHECK HERE AND SKIP THIS AFFIDAVIT IF: Respondent is an LLC, a Corporation or a Partnership as indicated on your W-9. (Please include a copy of your W-9) COMPLETE THIS AFFIDAVIT IF: Respondent is an Individual (Natural Person) or a Sole Proprietor as indicated on your W-9. (Please include a copy of your W-9) ARS § 1-502 requires any person who applies to the City for a Local Public Benefit (defined as a Grant, Contract or Loan) must demonstrate through the presentation of one (1) of the following documents that he/she is lawfully present in the United States (See the Solicitation Instructions for more information). Please place a check mark next to the applicable document and present the document to the City employee. If mailing the response, attach a copy of the document to this Affidavit. (If the document says on its face that it may not be copied or you know for reasons of confidentiality that it cannot be copied, you will need to present the document in person to the City for review and signing of the affidavit.) L1 1. Arizona driver license issued after 1996. Print first 4 numbers/letters from license: L1 2. Arizona non-operating identification license. Print first 4 numbers/letters: F-1 3. Birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. Year of birth: Place of birth: F-1 4. United States Certificate of Birth abroad. Year of birth: Place of birth: F-1 5. United States passport. Print first 4 numbers/letters on Passport: F-1 6. Foreign passport with a United States Visa. Print first 4 numbers/letters on Passport: Print first 4 numbers/letters on Visa: F-1 7. 1-94 form with a photograph. Print first 4 numbers on 1-94: F-1 8. United States Citizenship & Immigration Services Employment Authorization Document (EAD). Print first 4 numbers/letters on EAD: F-1 9. Refugee travel document. Date of Issuance: Refugee Country: F-1 10. United States Certificate of Naturalization. Print first 4 digits of CIS Reg. No.: F-1 11. United States Certificate of Citizenship. Date of Issuance: Place of Issuance: F-1 12. Tribal Certificate of Indian Blood. Date of Issuance: Name of Tribe: F-1 13. Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of Birth: Place of Birth: In accordance with the requirements of Arizona law, I do swear or affirm under penalty of perjury that I am lawfully present in the United States and that the document I presented to establish this presence is true. Signature Brad Hamilton Print Name December 9, 2016 Date The Toro Company Business/Company Name Verification of Attachment by City Staff: Signature Date V7/14/2015 Required Response Forms - Page 4 of 5 2017025 Page 468 of 1360 RESPONDENT CERTIFICATION By submitting the Response and signing this Certification, the Respondent understands and certifies to all of the following: a) The information provided in Respondent's Response it true and accurate to the best of Respondent's knowledge. b) Respondent is under no legal prohibition that would prevent Respondent from contracting with the City of Mesa. c) Respondent has read and understands the Solicitation packet as a whole (including attachments, exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of the Solicitation as set forth in Respondent's Response. d) To Respondent's knowledge, Respondent and Respondent's employees have no known, undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules. If Respondent or Respondent employees have a known conflict of interest, Respondent has disclosed the conflict in its Response. e) Respondent did not engage in any anti-competitive practices related to its Response or the Solicitation. The prices offered by Respondent were independently developed without consultation or collusion with any other Respondents or potential Respondents. f) No gifts, payments or other consideration were made to any City employee, officer, elected official, agent, or consultant who has or may have a role in the procurement process for the services/materials covered by the Solicitation. g) Respondent grants the City of Mesa permission to copy all parts of its Response including, without limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in evaluating the Response; and (ii) to be disclosed in response to a public records request under Arizona's public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule 6.13. h) If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation Respondent will: i. Provide the materials or services specified in the Response in compliance with all applicable federal, state, and local statutes, rules and policies; ii. Honor all elements of the Response submitted by Respondent to the City including, but not limited to, the price and the materials/services to be provided; and iii. Enter into an agreement with the City based on the terms and conditions of the Solicitation and the Response, subject to any negotiated exceptions and terms. i) Respondent is current in all obligations due to the City including any amounts owed the City and any licenses/permits required for the general lawful conduct of business. Respondent shall acquire all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the execution of a contract with the City pertaining to the Solicitation. j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full power and authority to submit binding offers for the goods/services specified herein. Respondent intends by the submission of this Certification to be bound by the terms of the Certification, Solicitation, and Response, subject to any negotiated terms/exceptions. ACCEPTED AND AGREED TO BY RESPONDENT: Company Name: The Toro Company Signature: Printed Name: Brad Hamilton Title: Vice President Date: December 9, 2016 V7/14/2015 Required Response Forms — Page 5 of 5 2017025 Page 469 of 1360 Attachment: Exceptions Taken Scope of Work; 3 General Requirements C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, f4.Wes fes --.he def W f , and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or its Arid/car distributors, is/��,reW required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor or it's dealers and/or distributors will maintain a ........................................................................................................................................................................................................ factory authorized parts and service facility for normal and warranty service. The Contractor shall er coura e it's or it's dealers and/or distributors be -G �ab4 W )r. � t:o use their best: efforts to .........................,0........................................................................................................................................................................................................................................ f.............................................................................................................................................................. provide parts within twenty-four (24) hours and mal' Gapab.le4.44beir-u eW t e r best efforts to eW on site to respond to service requests within twenty-four (24) hours. Scope of Work; 4 Product Requirements C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. Contractor should use reasonable efforts to deliver Ake ...................................................................................................................................................................................................................................................... replacement products m4st. be r W ° W tp the City within seven (7) days of initial notification. Draft Document; Terms and Conditions.; Ilfiii!xlliilbii4 1 1.3 Delivery.. `, t acknowled es ghat: I delivery lj beW...madeW b cont:ract:or's dealers and/or distributors .which are rode erdert: businesses. ort:ract:or .will use reasonable efforts to encoura e dealers and/or ........................................................................................ ct„ estr butor.s to rna eW„c)eWl�v r r� as to the location(s) contained in the Scope of Work within 30 days after receipt of an order. 2. Scope of Work. E. x.ceW as otherwise s ecified in this reement: A Tlhe Contractor will provide the ,...,, . ... t: necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 470 of 1360 including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. Notwithstanding,,,,„.._g.jr.�r....cif._t:,tI......c.t;.k�..r.... rovisior�s ire t:l�is A reemer�t: Cit: ackr�ouvled es t:l�at: roduct:s and services suble,ct ted this ��greWemeWrat are.....f�rovideWd by Contractor's dealers Strad/or distributors? which are iradeW endent: businesses and set. their own rices. Contractor has no aut.horitv to set: Drices for it's dealers and/or distributors. "`orat:ract:or a rasa t:o make t:he germs of this a reWemeWrat: known t:o a � licable dealers .................................................................................................................................................................................................... and/car distributors and ted use re asonable efforts to ir�cer�t ted provide goods ar�d seWrvices to Cit:y sub`ect: to the germsof this agreement:. 7. Requirements Contract. re g yr...... ° ewfedges.......d-- W .s......#1 "e . t.......s....... W'r W Wf” Dhe Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase or efs i ° W 0. E d— : aiE W ce... rior t:o t:e gime para roduct: wit:ira t:heW urease order has .eW.r� sh.i. ed; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, .t4e....C.. ........ ... -. GGr4.fac.. ...... u.aL....a. o • e -i.ed... GG . ° ,K .. . 4R a °,. . The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. Exhibit 1 Draft Contract Exhibit C Mesa Standard Terms and Conditions 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Ncit;wit:hst;��„r�,ct,ing.....th....fgreW.gp.ing..a......I.t:.V.._g.qKrI.c�.wle.ct..ge.....t:.h.��t;... roduct:s arad services subject tc� this„ reWemeWrat: are rovideWd b Corat:ract:or's dealers Barad/or dist:ribut:ors which are irade endent: businesses and set. their own rices. Corat:ract:or has rao aut: h o rJ t..v to set: rices for it's dealers and/car distributors and n . auth - rity to require them to orovidee goods or services sub[ect: t:o this Agreement:. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. Cit: ackraowled es Corat:ract:or cannot: controlthet:imin of deliver of �roduct:s arad services 9 ................. v.....................................................................g...................................................................................................................................................................................................................................g............................................................V.................. t.................................................................................................................................. provided by Contractors dealers and/or dist.ribut:ors. `ontractor..._a Tees to use reasonable efforts to e22929ra„ e its dealers arad/or dist:ribut:ors t:o deliver roducts orad services bV cont:ractre :ually aged a )on cteW.I.iveW.r. dates. 9. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the reasonable excess cost by: (i) requiring 6rnrnedfate reimbursement to the City wilh.ira... ...ggg4. _eWrcia.11y City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 471 of 1360 re astir i a b I e _��r ouririt; _�f _tlrneW; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all reWa orrableW, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to....re..asor ab..! e. administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for thoseooc� services W...f. ,. W provided up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 24. INDEMNIFICATION/LIABILITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i)4ie .EK9 ens W mss. AgR-W .nt ")-anyrq ossly negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including re...aa sorra..Ie. assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery., V�royideWd that none of the fore gginq shall rec a re contractqrtqnc incur prWthananWOI.g.IW sW. ..........,...... .......:._ . .. ..e 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination f r.t ......... `It;�r of Mesa. I.I....gtheWr._a�.. encies will be FOII3 Toro dealer and/or dist.ribut.or refight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder to theta.. `Ity of LMesa.... 11 e�tlre r g encies will bear the risk of loss from dealer and/or distributor. ................................................................ 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including t,ut:r1.9.t1_im.it;e d to acts of nature, acts of the public enemy, _givil unrest labor strikes,riots, fire, explosion, legislation, and governmental .................. regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 472 of 1360 under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. National IPA Contract (Attachment D) Exceptions 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is .gne. cf.Supplier's prirn�,Wy "go to market" strategy„y for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract f.ora.. purchase of eguivalexnt scope, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as one of its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstandingars other Provision in this A reemeL1j. �`it: ackrIouvled eWs that. roduct:s and services .................................................................................................................V............................................ f..................................................................................................................9.....................................................,......................... y.........................................................................,. sub eWct: t:o t:his A reWeWmeWr t: are rovideWd b QP..1Aract:9r's dealers and/or dist:ribut:ors which are rode pendent businesses and set: their own prices. QpLjj:ract:or has no aut: h o61t:o set: prices, delivery eta t:eWs, or other ertormar ce germs for itis dealers and/or dist:ribut:ors.C or 11ac 12r..........�� reel to make the terms of this A reWemeWrt: krouvn t:o a �licable dealers and/or dist:ribut:ors and to use reasonable efforts t:o encoura et em .......... t:o rovideW Dods and services t:o it: sub`ect: t:o t:he germs of this A reWement:. 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as yoaarc�,r�, ,,,,of; gurur company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award ate) W SeGt.Grone cif„ou.r... rimar go -to -market strategy „within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 473 of 1360 Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). v................If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. v\LRes orad t:o ars bid se arat:e from iV�ast:er A reemer t: Corit:ract: sales r]ot reported to National IIPA) Detail your strategies under these options when responding to a solicitation. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 474 of 1360 /.�OIl019�1»Ol?// TO: All Proposers Receiving Request for MAINTENANCE EQUIPMENT, PARTS, SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer A DATE: December 5, 2016 Proposal (RFP) #2017025, GROUNDS ACCESSORIES, SUPPLIES, RELATED SUBJECT: Addendum #2 — Vendor Questions and City's Response All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. Listed below are questions received from Vendors regarding this RFP and the responses provided by City staff. 1. Question: Tab 3; Instructions item 3g: Can you provide clarification on the Tier 4 EPA requirement? For those products that fall into the 25 to 74 HP off-road diesel category are you requiring the Tier 4 final engine? The equipment in this category with the Tier 4 final engines provide the most up to date emissions reductions. If that is what you are requiring can you update this section as such? Response: Equipment offered must be Tier 4 Compliant. 2. Question: Scope of Work item 4 Product Requirements, A5: In the Balance of Line section we would like to include those allied products that are attachments to our products but not manufactured by us. For example; we have mowing equipment manufactured by us that converts to a snow removing machine with attachments such as snow throwers and brooms made by another company specifically for use on our machines. Our dealers would price and order these products as part of the order and ship in total to the customer. By allowing those items a customer can purchase the fully equipped machine through this contract. Is this allowable in this section? Response: Yes, this is allowable Question: Scope of Work Item 9: We request that you eliminate the second paragraph of this section so that price changes are not tied to the PPI or to the contract anniversary date. For contracts that are based on a discount off MSRP, tying increases to a PPI makes the management of a price file very difficult as the PPI does not normally reflect our actual price changes. Also, the ability to change pricing when the manufacturer changes pricing is also helpful in maintaining current pricing. Deleting the second paragraph of this section would effectively cover these two requests to price adjustments. Response: The Scope of Work Item 9 is changed as follows. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. Page 475 of 1360 Addendum No. 2 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. ,,,,,,,,„,,,,,,,,,,,,,,,,,;,,;,, ,; � W r. • . a W .ri�.W.....; as.t- W t-s--� �d�e-�� it . W `�� muat.......be a )p. . Wd-by.......af N%. )rigate.......deGuffHantafiion.There......�s..........o. --guairantee......the Qity wi.a.a. EIraeF � . � . � ... .. W W W . ..W...... -° 0S�e--t)ref)aR..)d--fer . W P ' W fir .. ver.........th. W _...er ... ..f-t.he.........A reern. W ... .....................- kae-City-is-cater.......... wialiR.g.........t. ntert:ai.n..........priGe ad}us: Wa...ta......ed......on......an.......iracrea..se.....t. twaator.°..s......aatoal eexperases......or......ether-re.aa.. .o. to r, . W ..... rFw4d4fag- WW r.. W `a.Is.....aarad W :ia W W W t. Nf--the..... Ax.s..... the ....adju&ted.....priee.....terrns W....Cif 3ha.G.i.....iss W r4t.era-a.f .. .. va.i.....of....the-c taarage . a W r 4( .......of:......the ....... ae t r W.....Q . a.r..W........ . ate. • •.....ice -a c 4Rt. RPA -4k) .. F.....FW” ....... ;rst..._a... t. W Zvi W ......tkae......r W ae t -f . k i......a, W 4 s scar -. .....s .....� W a...1... i.............. t W nam .... W , r a aeec rdar ° W `. amara a. ,• W a tea W a . ag W W .. f t a� a ki W tae ,c ra ae.. e ay...... ... 4.--a W aa�;t-f . � .i . � �I. •-a�ara�t---gag----a�w.. �, faf-� . � `�..,�............ • �c:�rt�'��Ic:� ° �..` . a d .... t a. W ° . i. • be .. fca is W . W f t he ref . pe.r.i.od.....a,t...... y....... ice. ....a ...a�....the-Ci.. •e.pt... e W a nt All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan. Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 476 of 1360 /.�OIl019�1»Ol?// TO: All Proposers Receiving Request for MAINTENANCE EQUIPMENT, PARTS, SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer A DATE: November 7, 2016 Proposal (RFP) #2017025, GROUNDS ACCESSORIES, SUPPLIES, RELATED SUBJECT: Addendum #1 — Change to Evaluation and Award section and Revised Pricing and Compensation pages All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. The Instruction section of the is changed as follows: 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm's Proposed Solution 40 Firm's Qualifications & Experience 30 Firm's Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost Proposal Cost being evaluated X Price Points Possible = Pricing Score b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City's sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance Page 477 of 1360 Addendum No. 1 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 with applicable laws; Respondent's record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non -responsible. and -who, �f,. -d W fa„�.... W W t -fes%:. =6 W �..... 4--h ° _ fu 04 .. .. ria ) or a”. W ...r W...... ... Rte- Wye 2:----- -' W E-4Rg.......fe. W-.4........ .. )W tis w14eqa........ W ,, gr W W v-Kiee f�ar�d..�;-pr. •....,a.�.. 4--c�;id W ::` . � W W W ° W. Please note as part of this addendum Revised Pricing and Compensation pages have been included. (see below) Changes were made to reflect changes to the Instructions section of the RFP. El 2017025 Revised Pricing and Compen All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan. Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 478 of 1360 REVISED PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 _ MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 $ _ MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 $ _ MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 $ _ MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 $ _ MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - Page 479 of 1360 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Page 480 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER Page 480 of 1360 16 Fuel Filter for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT Page 481 of 1360 BALANCE OF LINE DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 11/7/2016 Date: RFP # 2017025 Page 482 of 1360 /.�OIl019�1»Ol?// TO: All Proposers Receiving Request for MAINTENANCE EQUIPMENT, PARTS, SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer A DATE: December 5, 2016 Proposal (RFP) #2017025, GROUNDS ACCESSORIES, SUPPLIES, RELATED SUBJECT: Addendum #2 — Vendor Questions and City's Response All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. Listed below are questions received from Vendors regarding this RFP and the responses provided by City staff. 1. Question: Tab 3; Instructions item 3g: Can you provide clarification on the Tier 4 EPA requirement? For those products that fall into the 25 to 74 HP off-road diesel category are you requiring the Tier 4 final engine? The equipment in this category with the Tier 4 final engines provide the most up to date emissions reductions. If that is what you are requiring can you update this section as such? Response: Equipment offered must be Tier 4 Compliant. 2. Question: Scope of Work item 4 Product Requirements, A5: In the Balance of Line section we would like to include those allied products that are attachments to our products but not manufactured by us. For example; we have mowing equipment manufactured by us that converts to a snow removing machine with attachments such as snow throwers and brooms made by another company specifically for use on our machines. Our dealers would price and order these products as part of the order and ship in total to the customer. By allowing those items a customer can purchase the fully equipped machine through this contract. Is this allowable in this section? Response: Yes, this is allowable Question: Scope of Work Item 9: We request that you eliminate the second paragraph of this section so that price changes are not tied to the PPI or to the contract anniversary date. For contracts that are based on a discount off MSRP, tying increases to a PPI makes the management of a price file very difficult as the PPI does not normally reflect our actual price changes. Also, the ability to change pricing when the manufacturer changes pricing is also helpful in maintaining current pricing. Deleting the second paragraph of this section would effectively cover these two requests to price adjustments. Response: The Scope of Work Item 9 is changed as follows. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. Page 483 of 1360 Addendum No. 2 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. ,,,,,,,,„,,,,,,,,,,,,,,,,,;,,;,, ,; � W r. • . a W .ri�.W.....; as.t- W t-s--� �d�e-�� it . W `�� muat.......be a )p. . Wd-by.......af N%. )rigate.......deGuffHantafiion.There......�s..........o. --guairantee......the Qity wi.a.a. EIraeF � . � . � ... .. W W W . ..W...... -° 0S�e--t)ref)aR..)d--fer . W P ' W fir .. ver.........th. W _...er ... ..f-t.he.........A reern. W ... .....................- kae-City-is-cater.......... wialiR.g.........t. ntert:ai.n..........priGe ad}us: Wa...ta......ed......on......an.......iracrea..se.....t. twaator.°..s......aatoal eexperases......or......ether-re.aa.. .o. to r, . W ..... rFw4d4fag- WW r.. W `a.Is.....aarad W :ia W W W t. Nf--the..... Ax.s..... the ....adju&ted.....priee.....terrns W....Cif 3ha.G.i.....iss W r4t.era-a.f .. .. va.i.....of....the-c taarage . a W r 4( .......of:......the ....... ae t r W.....Q . a.r..W........ . ate. • •.....ice -a c 4Rt. RPA -4k) .. F.....FW” ....... ;rst..._a... t. W Zvi W ......tkae......r W ae t -f . k i......a, W 4 s scar -. .....s .....� W a...1... i.............. t W nam .... W , r a aeec rdar ° W `. amara a. ,• W a tea W a . ag W W .. f t a� a ki W tae ,c ra ae.. e ay...... ... 4.--a W aa�;t-f . � .i . � �I. •-a�ara�t---gag----a�w.. �, faf-� . � `�..,�............ • �c:�rt�'��Ic:� ° �..` . a d .... t a. W ° . i. • be .. fca is W . W f t he ref . pe.r.i.od.....a,t...... y....... ice. ....a ...a�....the-Ci.. •e.pt... e W a nt All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan. Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 484 of 1360 /.�OIl019�1»Ol?// TO: All Proposers Receiving Request for MAINTENANCE EQUIPMENT, PARTS, SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer A DATE: November 7, 2016 Proposal (RFP) #2017025, GROUNDS ACCESSORIES, SUPPLIES, RELATED SUBJECT: Addendum #1 — Change to Evaluation and Award section and Revised Pricing and Compensation pages All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. The Instruction section of the is changed as follows: 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm's Proposed Solution 40 Firm's Qualifications & Experience 30 Firm's Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost Proposal Cost being evaluated X Price Points Possible = Pricing Score b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City's sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance Page 485 of 1360 Addendum No. 1 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 with applicable laws; Respondent's record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non -responsible. and -who, �f,. -d W fa„�.... W W t -fes%:. =6 W �..... 4--h ° _ fu 04 .. .. ria ) or a”. W ...r W...... ... Rte- Wye 2:----- -' W E-4Rg.......fe. W-.4........ .. )W tis w14eqa........ W ,, gr W W v-Kiee f�ar�d..�;-pr. •....,a.�.. 4--c�;id W ::` . � W W W ° W. Please note as part of this addendum Revised Pricing and Compensation pages have been included. (see below) Changes were made to reflect changes to the Instructions section of the RFP. El 2017025 Revised Pricing and Compen All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan. Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 486 of 1360 REVISED PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 _ MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 $ _ MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 $ _ MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 $ _ MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 $ _ MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - Page 487 of 1360 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Page 488 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER Page 488 of 1360 16 Fuel Filter for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT Page 489 of 1360 BALANCE OF LINE DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 11/7/2016 Date: RFP # 2017025 Page 490 of 1360 III m.. II "II UAM �IOII � a mesallaz NOTICE OF SOLICITATION SOLICITATION # 2017025 Publish Date: October 25, 2016 REQUEST FOR PROPOSAL FOR: GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT PROPOSAL DUE DATE AND TIME: DECEMBER 14, 2016 — 3:00 P.M. LOCAL ARIZONA TIME Notice is hereby given sealed proposals will be received by the Purchasing Division, City of Mesa, Mesa City Plaza, 20 East Main Street, Suite #400, Mesa, Arizona 85201, until the date and time cited above. Proposals received by the correct date and time will be opened publicly and read aloud by the Purchasing Division's Procurement Administrator (or designated representative). ki [07►IIT, /_1►1U_%1101;'fi:jN=M:j S0167►1J:I:7=1►1414 Date and Time: November 15, 2016 8:00 am Local Arizona Time Conference Number: Join by phone: 480-644-6120 Conference ID 319405 Location: Mesa City Plaza 20 E Main St, Room #450 North Mesa AZ, 85201 Please read the entire solicitation package and submit the proposal in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the proposal. Proposal envelopes with insufficient postage will not be accepted by the City of Mesa. Proposals must be in the actual possession of the Purchasing Division Office at the location indicated, on or prior to the exact date and time indicated above. Late submittals shall not be considered under any circumstances. Questions concerning this solicitation should be directed, IN WRITING, to the following Purchasing contacts or their designees: Technical Questions: Jess Romney, CPPB Procurement Officer PHONE: 480-644-5798 FAX: (480) 644-2655 Jesse Rom neyCo)MesaAZ.Qov General or Process Questions: Evan Karl Procurement Specialist PHONE: 480-644-5010 FAX: (480) 644-2655 Evan. Karl (o)Mesa .Qov NOTE: THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS: httg://www.mesaaz.gov/business/�urchasing 1111 veindouims wiiisll:fli mg to coindr:ci. IIJr:suiiness wu11!m 11!ie 01y are uimegr:liiuimed to uimeguisl.euim aind uim.14�ii l.a° i in a 11 uimfouimuiiivallii01111 rased for 1.111me notfuical.liioin of sollioeoilatoin vll ll vui l.r:ulmliiluies aind iiissr:aince of 11 ayiuxieir t liiin 1.111.me Veindouim Self Seuimvliice (VSS( syslein,ii to uimeguisl.euim aind vuiew addu1lou,,,aveindouim Iiia,,mfouimuimu l.Viou,m go to II!m1114 //uimu�es:��v� �1gy/Ilr:suiq�,mess/14�t:uie111m��q„iiium�l/ve„lndouim sglllf seuimy nice Page 491 of 1360 NOTICE TABLE OF CONTENTS SECTIONS: INSTRUCTIONS SCOPE OF WORK ATTACHMENTS: ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D EXHIBITS: EXHIBIT 1 EXHIBIT 2 TABLE OF CONTENTS PRICING REQUIRED RESPONSE FORMS SAMPLE EQUIPMENT SPECIFICATIONS NATIONAL IPA DOCUMENTS DRAFT CONTRACT MAILING LABEL (HARD COPY RESPONSE) PAGE 1 2 3-13 14-19 20 21 22 23 24-40 41 2017025 Page 2 of 41 Page 492 of 1360 INSTRUCTIONS GENERAL: Please read the entire Solicitation package and all attachments before submitting a Response. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be accepted until the date and time the Response is due. 2. VENDOR QUESTIONS: All questions regarding the contents of this Solicitation, and Solicitation process (including requests for ADA accommodations), must be directed solely to the Procurement Officer or the Purchasing Administrator. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time for Responses may be answered at the discretion of the City. 3. INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE: Respondents will have the option to submit their responses either electronically or physically through hard copy response. Respondents shall provide their Responses in accordance with the following form and content requirements: ELECTRONIC RESPONSE: a. Responses shall be submitted through the City of Mesa's Purchasing Website at http://www.mesaaz.gov/business/purchasing/bid-opportunities under the appropriate solicitation opportunity. Submissions submitted elsewhere or under the wrong solicitation will not be considered. b. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. c. Responses should be specific to the Solicitation and present details on all requested information in a concise manner. OR: HARD COPY RESPONSE: a. Submit one (1) signed original hardcopy of all Response documents along with three (3) copies. Do not use spiral binding or comb binding on Responses or any Response documents. Three-ring binders are preferred for large submissions. b. Submit two (2) CD or flash drive providing all Response documents in PDF, Word, and Excel (utilize Excel only if spreadsheets/graphs/charts are included as a part of the Response). c. All Responses must be signed, sealed and addressed to the Purchasing Division and Respondents shall address all Responses identified with a shipping address, serial number, and title in the following manner: City of Mesa Mesa City Plaza - Purchasing Division 20 East Main Street, Suite 400 Mesa, Arizona 85201 RFP - 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT d. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. e. Responses should be specific to the Solicitation and present details on all requested information in a concise manner. 2017025 Page 3 of 41 Page 493 of 1360 INSTRUCTIONS 4. RESPONSE FORMAT: Table of Contents. Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The Respondent's understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation. TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. Astatement of Respondent's qualifications, abilities, experience and expertise in providing the requested goods and services. a. Adescription of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence. Include: i. A brief history and description of your company. ii. The total number and location of sales persons employed by your firm. iii. Number and location of support centers (if applicable). b. An assessment of the Respondent's ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent's inability to meet any of the requirements of the specifications. c. References — A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person's names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided. d. Provide a response to the national program. Include a detailed response to Attachment D, Exhibit A, National IPA response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how Respondent will educate its national sales force about the contract, describe how products and services will be distributed Nationwide, include a plan for marketing the products and services Nationwide, and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror's response should include any proposal exceptions to the National IPA Administration Agreement. 2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff named in the Response may not be substituted without permission of the City. Include in the Response resumes and relevant experience. 3. Please submit any additional qualification information that you feel is applicable to your qualifications and experience. TAB 3 - Program Description AND Method of Approach. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Mesa and the national program. Clearly define the services/materials offered and Respondent's method of approach to including, but not limited, to the following criteria: 1. Distribution Network a. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. 2017025 Page 4 of 41 Page 494 of 1360 2017025 INSTRUCTIONS b. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. c. Provide the number, size and location of your firm's manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. d. Describe your delivery commitment. What are your standard delivery days? Identify and describe any exceptions. e. Identify the supplier(s) and their business location(s) that will service the City of Mesa's account. f. Describe your dealer network and their role in providing products, services, etc. under the contract 2. Reporting. Describe Respondent's reporting capabilities at the national level and Agency level. Provide sample standard reports. 3. Product Requirements. a. Provide a detailed written response illustrating how the equipment, accessories, parts, supplies and related services offered will meet the requirements of this solicitation for the City of Mesa and the national program. Offerors shall identify and describe the proposed product lines that meet the specifications located in the Product Requirements section of this solicitation (Section 4 of the Scope of Work). • SPORTS FIELDS AND GROUNDS EQUIPMENT • GOLF COURSE MAINTENANCE EQUIPMENT • RELATED EQUIPMENT PARTS • USED EQUIPMENT • BALANCE OF LINE b. Specify locations and availability of replacement parts, and state the maximum time required to provide and install replacement parts. Also state the estimated dollar value of your parts inventory. c. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. d. Describe in your offering if you currently have or are in the process of developing Hybrid and/or all Electric equipment. e. Indicate if any of the equipment you are offering has received any awards or nominations for excellence. f. Describe how the innovation and technology of your equipment differs from other equipment in the industry. g. All equipment offered must meet the current minimum Tier 4 Environmental Protection Agency (EPA) requirement. h. Describe how your firm will notify customers of new equipment, used equipment and services. i. Completed "Sample Equipment Specifications" (Attachment C) j. All bidders must submit complete manufacturers' descriptive literature regarding the equipment they propose to furnish in attachment C. The literature shall be sufficient in detail in order to allow a full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being reiected. k. Submit all information that will aid the City in evaluating your proposal. 4. Services a. Provide a detailed written response illustrating how your firm or the authorized dealers will provide services to meet the requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope Work outlined in this solicitation. For each proposed category, describe and/or Page 5of41 Page 495 of 1360 INSTRUCTIONS provide details explaining your capabilities. In your response include information such as: b. Provide detailed information explaining your service capabilities. c. Provided detailed information explaining the service capabilities of your authorized dealers. d. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty-four (24) hours? e. Describe your preventative maintenance program (PMP) for each of the sample equipment (Attachment A). Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. f. Describe your training programs. The proposed training program shall include but not be limited to: 1. How will equipment training be conducted? 2. Describe the training curriculum for the equipment operators. 3. Describe the training curriculum for the service technicians. 4. How will you accommodate various work shifts? 5. What type of documentation is provided with the proposed training? 6. Is a "train the trainer" program available? Is this training different than the regular initial training? Can training sessions be recorded for future use by the agency? g. Submit all information that will aid the City in evaluating your proposal. 7. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc.). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. b. Describe the equipment delivery process and your delivery commitment. What are standard equipment delivery timeframes? Are there cut off dates and how are these dates communicated to customers. c. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. 8. Other a. Describe any government rebate programs that are offered. TAB 4 -Pricing and Compensation Forms. The cost portion of the Response should include the following criteria: 1. Provide a Price Proposal. See attachment A. 2. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. 3. The City's expectation is that the proposed pricing shall include delivery to Mesa and Participating PublicAgencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. 4. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of 2017025 Page 6 of 41 Page 496 of 1360 INSTRUCTIONS price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. 6. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. 7. Provide information on any ordering methods — such as electronic ordering or payment via pCard or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so, please provide the percentage discount. 8. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. TAB 5 -Other Forms. The following forms should be completed and signed: 1. Attachment B: Required Response Form a. Vendor Information form b. Exceptions & Confidential Information form c. General Questionnaire form d. Lawful Presence Affidavit e. Respondent Certification form (Offer and Acceptance) 2. W-9 Form. All responses should include a fully completed, current W-9 form. Failure to include the W-9 will not disqualify your response, however the W-9 must be submitted to the City prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/daub/irs-padf/fw9.padf) 3. The successful Respondent will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. The Agreement shall be signed no later than issuance of the City of Mesa's Notice of Intent to Award letter. Respondent should complete all reviews of the document prior to submitting a response. Respondent's response should include any proposed exceptions to the National IPA Administration Agreement. 5. RESPONSE CHECKLIST: This checklist is provided for your convenience. It is not necessary to return a copy with your Response. Only submit the requested forms and any other requested or descriptive literature. ❑ Response will be sent in time to be received by the City before the Response due date and time. ❑ Original and proper number of copies submitted ❑ Response container properly labeled ❑ Pricing and Compensation, math double-checked, form completed and included (Attachment A) ❑ Required Response Forms completed and included (Attachment B) ❑ Sample Equipment Specifications form completed and included (Attachment C) ❑ W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://wwweirsegov/paub/irs-�adf/fw9epadf) ❑ Warranty information, if applicable 6. ADDENDA: Any changes to the solicitation document will be in the form of an addendum. Addenda are posted on the City website. Contractors are cautioned to check the Purchasing Website or the Self Service portal for addenda prior to submitting their Response. The City will not be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City and Contractors are cautioned not to rely on any such changes. Failure to acknowledge receipt 2017025 Page 7 of 41 Page 497 of 1360 INSTRUCTIONS of an addendum may result in disqualification of a Response. 7. RESPONSE OPENING: The City will open all Responses properly and timely submitted, and will record the names and other information specified by law and rule. No responsibility will attach to the City of Mesa, its employees or agents for premature opening of a Response that is not properly addressed and identified. All Responses become the property of the City and will not be returned except in the case of a late submission. Results, as read at the public opening, will be posted on the City website. Responses will be available to the public in accordance with the City Procurement Rules. 8. LATE RESPONSES: The Respondent assumes responsibility for having the Response delivered on time at the place specified. All Responses received after the Response Due date and time shall not be considered and will be returned unopened to the Respondent. The Respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Mesa, or any private courier, regardless whether sent by mail or by means of personal delivery. Respondents must allow adequate time to accommodate all registration and security screenings at the delivery site; a valid photo I.D. may be required. It shall not be sufficient to show that Respondent mailed or commenced delivery before the due date and time as the Response must be received by the City prior to the specified date/time. All times are Mesa, Arizona local times. Respondents agree to accept the time stamp in the City Purchasing Office as the official time. 9. RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days unless the time is extended or amended as agreed upon Respondent and the City. Examples of where an extension or amendment may be necessary include, but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period. 10. LOBBYING PROHIBITION: Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which ends the Solicitation process. This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting. This prohibition shall not apply to Respondent -initiated communication with the contact(s) identified in the Solicitation or City -initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. Violations of this provision shall be reported to the Purchasing Administrator. Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation. 11. LAWFUL PRESENCE IN THE UNITED STATES: Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section 1621) must demonstrate they are lawfully present in the United States. Person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form. Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the "Required Response Forms" section of this Solicitation. Respondents that fail to provide a completed affidavit and provided the necessary documentation may be deemed non-responsive. 2017025 Page 8 of 41 Page 498 of 1360 INSTRUCTIONS 12. COMMENCEMENT OF WORK: If a Respondent begins any billable work prior to the City's final approval and execution of the contract, Respondent does so at its own risk. 13. RESPONSIBILITY TO READ AND UNDERSTAND: Failure to read, examine and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. The City is not responsible for and will not pay any costs associated with the preparation and submission of a Response. Respondents are cautioned to verify their Responses before submission, as amendments to or withdrawal of Responses submitted after time specified for opening of Responses may not be considered. The City will not be responsible for any Respondent errors or omissions. 14. FORM AND CONTENT OF RESPONSES: Responses may be submitted on-line (if the option is indicated), mailed or hand -delivered. E-mail or fax submissions will not be accepted. Unless otherwise instructed or allowed, Responses shall be submitted on the forms provided. An original and the designated number of copies of each Response are required. Responses, including modifications, must be submitted in ink, typed, electronically, or printed form and signed by an authorized representative of the Respondent. Please line through and initial rather than erase changes. Any modifications to the Solicitation must be identified in the "Exceptions" section of the required response forms. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the Response as non- responsive. The City reserves the right at its sole discretion to negotiate exceptions with a Respondent. If the Response is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that Responses be submitted on disk, flash drive, or through electronic means. The Response must provide all information requested and must address all points set forth in the Solicitation. 15. SPECIFICATIONS: Technical specifications define the minimum acceptable standard. When the specification calls for "Brand Name or Equal," the brand name product is acceptable. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. If a Respondent wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City's sole discretion. Equivalent products will be considered upon showing the other product meets stated specifications and is equivalent to the brand name product in terms of quality, performance and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration. Minor differences that do not affect the suitability of the supply or service for the City's needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Respondent. The City reserves the right to reject Responses that the City deems unacceptable for any reason. 16. MODIFICATION/WITHDRAWAL OF RESPONSE: Written requests to modify or withdraw a Response received by the City prior to the scheduled opening time for Responses will be accepted and will be corrected after the Response due date and time. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the Response and marked as a MODIFICATION or WITHDRAWAL of the Response. Requests for withdrawal after the Response Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture of any Response security. Any withdrawal after the Response due date and time shall be allowed solely at the City's discretion. 17. DEBARMENT DISCLOSURE: If the Respondent has been debarred, suspended, or otherwise 2017025 Page 9 of 41 Page 499 of 1360 INSTRUCTIONS lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government or agency, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall include a letter with its Response identifying the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances must be provided by the Respondent, including the details enumerated above. A Response from a Respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. Failure of a Respondent to disclose a debarment or suspension in accordance with this Section may result in the Response being disqualified for award of the Solicitation. 18. RESERVATIONS: The City reserves the right to reject any or all Responses or any part thereof; to re -issue the Solicitation; to reject non-responsive or non -responsible Responses; to reject unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned upon another event; to reject individual Responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a Respondent or the terms of any agreement/document a Respondent would require the City to sign should Respondent be awarded a contract; and to reject Responses that are outside the City's budgeted amount for the materials or services that are the subject of the Solicitation. The City may seek clarification of the Response from Respondent at any time, and failure to respond is cause for rejection. Submission of a Response confers no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City's discretion and made to favor the City. No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order. 19. EXCEPTIONS TO A SOLICITATION: Changes to the Solicitation document requested by a Respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification in the Solicitation unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including all addenda, maintained and published by the City shall be the official Solicitation document. Any exception to the Solicitation must be set forth in the "Exceptions" portion of the Response; any exceptions not indicated in the "Exceptions" portion of the Response will be deemed rejected by the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all exceptions requested by a Respondent; (ii), determine a proposal non-responsive due to the exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of the Respondent's exceptions; or (iv) accept any or all of a Respondent's exceptions outright. 20. COPYING OF RESPONSES: The Respondent hereby grants the City permission to copy all parts of its Response including, without limitation, any documents and/or materials copyrighted by the Respondent. The City's right to copy shall be for internal use in evaluating the Response. 21. CONTRACTOR ETHICS: Contractors doing business with the City shall adhere to the Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. The failure of a Respondent or Contractor to meet the ethical standards may result in the disqualification of award under the Solicitation or the termination of a contract with the City. To achieve the purpose of this Section, it is essential Respondents and Contractors doing business with the City observe the ethical standards prescribed herein and in the City Charter, Code Procurement Rules and Management Policy 200. It shall be a breach of ethical standards to: 2017025 Page 10 of 41 Page 500 of 1360 INSTRUCTIONS a. Exert any effort to influence any City official, employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in a contract or to invoice for materials or services not provided. c. Intentionally offer or provide sub -standard materials or services or to intentionally not comply with any term, condition, specification or other requirement of a City contract. 22. GIFTS: The City will accept no gifts, gratuities or advertising products from Respondents or prospective Respondents and affiliates. The City may request product samples from Respondents solely for the purpose of product evaluation. 23. EVALUATION PROCESS: Responses will be reviewed by a screening committee comprised of City employees and/or any agents authorized by the City to participate in the evaluation. City staff may initiate discussions with Respondents for clarification purposes; however, a request for clarification is not an opportunity for a Respondent to change the Response. A request for clarification from a Respondent does not guarantee clarification will be requested from any other Respondents. Respondents shall not initiate discussions with any City employee, agent or official as set forth in the Lobbying section of these instructions including, but not limited to, members of the evaluation committee. 24. PRESENTATIONS/INTERVIEWS: A Respondent must provide a formal presentation/interview upon request of the City. 25. SHORT -LISTING: The City, at its sole discretion, may create a short-list of the highest scored Responses based on a preliminary evaluation of the Responses against the evaluation criteria. Only those short-listed Respondents will be invited to give presentations/interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. 26. BEST AND FINAL OFFERS: The City may request Best and Final Offers if the City deems necessary and the City will determine the scope and subject of any Best and Final request. Respondents should not expect the City will always ask for Best and Final Offers. Therefore, all Respondents must submit their best offer based on the specifications, terms and conditions in the Solicitation. 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm's Proposed Solution 40 Firm's Qualifications & Experience 30 Firm's Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost Proposal Cost being evaluated X Price Points Possible = Pricing Score b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City's sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and 2017025 Page 11 of 41 Page 501 of 1360 INSTRUCTIONS responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance with applicable laws; Respondent's record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non -responsible. d. Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 1.75% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation. The awarded Respondent shall however charge the full amount of tax on their invoice(s). This consideration does not apply to: 1. Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes. 2. Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference. 28. COST JUSTIFICATION: In the event only one Response to the Solicitation is received, the City may require the Respondent submit a cost offer in sufficient detail for the City to perform a cost/price analysis to determine if the Response price is fair and reasonable. 29. CONTRACT NEGOTIATIONS AND ACCEPTANCE: Respondent must be prepared for the City to accept the Response as submitted. If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject the Response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order. 30. NOTICE OF INTENT TO AWARD: Notices of the City's intent to award a contract are posted to The Purchasing Division's website before 6:00 PM local time on Wednesdays. If Wednesday is a 2017025 Page 12 of 41 Page 502 of 1360 INSTRUCTIONS holiday observed by the City, notice will be posted on Tuesday. It is the Respondent's responsibility to check the City of Mesa Purchasing website at hp://mesaaz.gov/ usiness/purchasing to view Purchasing's Intent to Award notices. This is the only notification you will receive regarding the City's Intent to Award a contract related to this Solicitation. 31. PROTESTS AND APPEALS: If a Respondent or any person believes there is a mistake, impropriety, or defect in the Solicitation, believes the City improperly rejected its Response, or believes the selected Response should not receive the City contract based upon a fact supported issue with the Solicitation or selected Respondent or otherwise protests the award to the Respondent, the Respondent may submit a written protest. All protests and appeals are governed by the City Procurement Rules ("Procurement Rules"). The rules surrounding protests and appeals may be found in Section 6 of the Procurement Rules which are located on the Purchasing Division website at http://mesaaz.gov/business/purchasing. Please see the Procurement Rules for more information on the submission of a protest and corresponding appeal rights; if there exist any discrepancy in this Section and the Procurement Rules, the language of the Procurement Rules will control. ADDRESS PROTESTS TO: Matt Bauer Procurement Administrator 20 East Main Street, Suite 400 PO Box 1466 Mesa, Arizona 85211-1466 Fax: (480) 644-2655 Email: Matte Bauer6d)MesaAZ.aov ADDRESS APPEALS TO: Edward Quedens Chief Procurement Officer 20 East Main Street, Suite 450 PO Box 1466 Mesa, Arizona 85211-1466 Fax: (480) 644-2687 Email: Ed.Quedens6d)MesaAZ.aov 32. POLICY DOCUMENTS: The City of Mesa Charter, Code, Procurement Rules and Management Policy 200 govern this procurement and are incorporated as a part of this Solicitation by this reference. A copy of these documents may be found on Mesa Purchasing Division's website at www.mesaaz.gov/business/purchasing. 2017025 Page 13 of 41 Page 503 of 1360 SCOPE OF WORK This Scope of Work will be compiled into any resulting contract as Exhibit A. INTENT: It is the intent of the City of Mesa to enter into a contract with a supplier(s) for the purchase of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. Qualified suppliers must have the capability to provide these products in all respects, in accordance with the solicitation documents and to the satisfaction of the City. The City's preference would be to offer a Respondent's complete catalog of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment available to agencies Nationwide. However, the City reserves the right to award this solicitation to one or more Suppliers, by individual line item, by group of line items, manufacturer, geographic region, or as a grand total; whichever is deemed most advantageous to the City. 2. NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company ("National IPA) to make the resultant contract (also known as the "Master Agreement" in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. National IPA is a channel partner with Vizient (formally, Novation). Together we leverage over $100 billion in annual spend to command the best prices on products and services. With corporate pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a Nationwide Supplier and respond to the National IPA documents (Attachment D). The City of Mesa anticipates spending approximately $550,000.00 over the term of the contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment purchased under the Master Agreement through National IPA is approximately $35 million. This projection is based on the current annual volume through the City of Mesa, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA. 3. GENERAL REQUIREMENTS: A. QUALIFIED FIRMS: Offerors should meet the minimum qualifications; 1. Be an authorized distributor or manufacturer. 2. Have a strong national presence in the grounds maintenance equipment industry. 3. Have a distribution model capable of delivering products nationwide. 4. Have a demonstrated sales presence. 2017025 Page 14 of 41 Page 504 of 1360 SCOPE OF WORK 5. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. 6. Be able to provide the full range of equipment and services to meet the demands of the City and all agencies that opt to participate in the cooperative purchasing program with the City. B. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this solicitation is dependent upon an extensive manufacturer -to -customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall be capable of providing parts within twenty-four (24) hours and shall be capable of being on site to respond to service requests within twenty-four (24) hours. F. CATALOGS: Within ten (10) days after contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a using agency, Contractor shall provide, at no cost, these catalogs and price lists. G. MODIFICATIONS OF TERMS: Participating Agencies commonly require a modification to a term of the Contract (e.g. governing law). The awarded Supplier and Participating Agencies may agree to modify terms on any specific purchase by a Participating Agency without being in conflict with the Contract 4. PRODUCT REQUIREMENTS: A. PRODUCTS: The Products to be included in this solicitation are as follows: 2017025 1. SPORTS FIELDS AND GROUNDS EQUIPMENT: A complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. 2. GOLF COURSE MAINTENANCE EQUIPMENT: A complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. 3. RELATED EQUIPMENT PARTS: A complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. 4. USED EQUIPMENT: Provide access to quality used equipment. 5. BALANCE OF LINE: Each offeror may offer their balance of line for ground maintenance equipment items and accessories. The City reserves the right to accept or reject any or all balance of line items offered. Page 15 of 41 Page 505 of 1360 SCOPE OF WORK B. CURRENT PRODUCTS: All products being offered in response to this solicitation and labeled as new shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. D. EQUIPMENT/RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the contractor to assure that all recall notices are sent directly to the agencies Contract Representative. E. EQUIPMENT STANDARDS AND GUIDELINES: All riding equipment must comply with appropriate ASAE (American Society of Agricultural Engineers — www.asae.org), SAE (Society of Automotive Engineers — www.sae.org) and OSHA (Occupational Safety and Health Administration — www.osha.org) standards for roll-over protection. All vehicles must comply with appropriate ANSI (American National Standards Institute — www.ansi.org) standards as related to operation on slopes. F. SAFETY STANDARDS: The Offeror shall certify that the equipment being offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Mesa reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items. G. SAMPLE EQUIPMENT SPECIFICATIONS (ATTACHMENT C): For each Item/Minimum Requirement, indicate "yes" or "no" under Comply. If you do not meet the Item/Minimum Requirement, indicate so in the "Exception" column and provide an explanation on why you don't meet the requirement. Any deviations from the minimum requirements must be clearly presented on the table or in an attached letter. The intent of the sample equipment specifications is to establish a baseline to compare equipment of similar commercial quality, function and purpose as well as provide a comparison of pricing offered. Equipment offered under this section will not be rejected for non-compliance with the specifications, but will be used to assist the evaluation committee in assessing comparable equipment offered for this solicitation. The sample equipment listed is representative of the possible equipment the City foresees replacing during the life of the contract. As such, submit pricing as requested on the Price Page. Submit with your offer the recommended preventative maintenance program (PMP) for each of the sample equipment specified below. Identify all parts/materials/supplies (provide part numbers) necessary to complete the PMP as well as the unit pricing of each. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. 5. SERVICE REQUIREMENTS: The City is interested in evaluating the following categories of value - add services for inclusion in this contract. The categories include, but are not limited to the following. A. FINANCING: Describe financing options available such as lease programs and conditional sales contracts. 2017025 Page 16 of 41 Page 506 of 1360 SCOPE OF WORK B. TRADE-INS: Describe in detail the proposed trade-in program. C. SAFETY: All vendors performing services for the City or cooperative agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The supplier shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. D. TRAINING: The Contractor shall provide training for City of Mesa and other participating agency operators and service technicians at no cost to the City or agency. The Contractor will provide the following training for each equipment purchase: Vehicle/equipment operators will be trained in the operation of all machine functions, including operator preventive maintenance. • Technicians will be trained in all operator functions, and in-depth preventive maintenance, troubleshooting and repair for all machine systems and components. • The trainer shall be factory -trained and thoroughly knowledgeable in subjects to be taught. E. DELIVERY: For City of Mesa purchases, equipment shall be delivered to various City of Mesa locations. All deliveries shall be made Monday through Thursday from 8:00 a.m. to 1:00 p.m., Mountain Standard Time. The Contractor shall be required to give the City a minimum of twenty-four (24) hour notice prior to delivery with the anticipated time of delivery and quantity of units to be delivered. The following documents are due upon delivery to the City or participating agency: 1. M.S.O. (Manufacturer Statement of Origin) 2. Warranty document 3. Required manuals 4. Title F. REPAIR SERVICES: The ability to provide repair services through authorized manufacturer's facilities or other avenues. G. CUSTOMER SUPPORT SERVICES: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. 6. TERM: An estimated initial term of February 1, 2017 through January 31, 2022, not including any extensions or renewals subject to the terms of the Agreement. If the commencement of performance is delayed because the City does not execute the Agreement at this start date, the City may adjust the start date, end date and any milestones to reflect the delayed execution. 7. RENEWALS: On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. Any job orders, project agreements or maintenance agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 8. EXTENSIONS: Upon the expiration of the Term of the Agreement, including any renewals permitted herein, at the City's sole discretion the Agreement may be extended for a maximum of six (6) months to allow for the City's procurement processes in the selection of a vendor to provide the services/materials under this Agreement. The City intends to notify the Contractor in writing of its desire to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension will be a continuation of the same terms and conditions as in effect 2017025 Page 17 of 41 Page 507 of 1360 SCOPE OF WORK immediately prior to the expiration of the then -current term. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the 60 -day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (htt.//www.blsegov/�pai/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. 10. TYPES AND AMOUNTS OF INSURANCE. Insurance requirements are detailed in the Agreement document. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 2017025 a. Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, Page 18 of 41 Page 508 of 1360 SCOPE OF WORK their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. c. Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non -owned autos. Prior to the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements, or notices relating thereto. When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall be primary of all other sources available. When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled or materially changed to affect the coverage available without advance written notice to the City. "Waiver of Subrogation". The policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of Contractor." All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. 2017025 Page 19 of 41 Page 509 of 1360 ATTACHMENT A PRICING Offerors must utilize the below document when responding to this solicitation and return the document in an Excel format with their proposal. See separate Attachment A to complete. Microsoft Excel 97-2003 Worksheet 2017025 Page 20 of 41 Page 510 of 1360 ATTACHMENT B REQUIRED RESPONSE FORMS See separate Attachment B Solicitation Required Response Forms.docy F!";I 2017025 Page 21 of 41 Page 511 of 1360 ATTACHMENT C SAMPLE EQUIPMENT SPECIFICATIONS Offerors must utilize the below document when responding to this solicitation and return the document in an Excel format with their proposal. See separate Attachment C to complete. SAMPLE EQUIPMENT SPECIFIC 2017025 Page 22 of 41 Page 512 of 1360 ATTACHMENT D NATIONAL IPA DOCUMENTS See separate Attachment D Attachment D National IPA Docs.d 41 2017025 Page 23 of 41 Page 513 of 1360 =rMinihm DRAFT CONTRACT �AAW�i .amu. 4AwW AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA CONTRACT NUMBER 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT CITY OF MESA, Arizona (" Department Name Mailina Address Delivery Address Attention E -Mail Telephony Facsimile COMPANY NAME, (` Mailina Address Delivery Address Attention E -Mail Telephony Facsimile 2017025 City of Mesa — Purchasing Division P.O. Box 1466 Mesa, AZ 85211-1466 20 East Main St, Suite 400 Mesa, AZ 85201 Jess Romney, CPPB Procurement Officer 480)644-5798 4801644-2655 ntractor" NameAndTitle AND Page 24 of 41 Page 514 of 1360 EXHIBIT 1 DRAFT CONTRACT CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This agreement pursuant to solicitation ("Agreement") is entered into this day of 2017; by and between the City of Mesa, Arizona, an Arizona municipal corporation ("City") and CompanyName, a(n) State corporation/company/natural person ("Contractor"). The City and Contractor are each a "PartV' to the Agreement or together are "Parties" to the Agreement. RECITALS A. The City issued solicitation number 2017025 ("Solicitation") for GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT, to which Contractor provided a response ("Response"); and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on StartDate and ending on EndDate. The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within XXX days after receipt of an order. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as -needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement 2017025 Page 25 of 41 Page 515 of 1360 EXHIBIT 1 DRAFT CONTRACT 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms & Conditions 2. Scope of Work 3. Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response, including National IPA Administrative Agreement 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. 5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. 2017025 During the 60 -day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (httPwww.blsegov/��ai/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted Page 26 of 41 Page 516 of 1360 EXHIBIT 1 DRAFT CONTRACT thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. 5.4 Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered, pricing of each unit, and freight charges (as applicable); i. Applicable Taxes i. Total amount due. 5.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement. Otherwise; payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. 5.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 2017025 Page 27 of 41 Page 517 of 1360 EXHIBIT 1 DRAFT CONTRACT 6.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the term of the Agreement. 6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non -owned autos. 7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. 9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that: 2017025 Page 28 of 41 Page 518 of 1360 EXHIBIT 1 DRAFT CONTRACT a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions. 11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. Exhibits to this Agreement are the following: • (A) Scope of Work • (B) Pricing • (C) Mesa Standard Terms and Conditions • (D) National IPA Documents 13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. 2017025 Page 29 of 41 Page 519 of 1360 EXHIBIT 1 DRAFT CONTRACT By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF MESA, ARIZONA CONTRACTOR NAME IM Printed Name Title Date RECOMMENDED BY: By: 2017025 By: Printed Name Title Date Page 30 of 41 Page 520 of 1360 EXHIBIT 1 DRAFT CONTRACT EXHIBIT A SCOPE OF WORK The Scope of Work and Vendor Response will be added here when Agreement is finalized. 2017025 Page 31 of 41 Page 521 of 1360 EXHIBIT 1 DRAFT CONTRACT EXHIBIT B PRICING Attachment A Pricing will be added here when Agreement is finalized. 2017025 Page 32 of 41 Page 522 of 1360 EXHIBIT 1 DRAFT CONTRACT EXHIBIT C MESA STANDARD TERMS AND CONDITIONS INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NOW EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified 2017025 Page 33 of 41 Page 523 of 1360 EXHIBIT 1 DRAFT CONTRACT in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration Warranty'). ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. 2017025 Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility Page 34 of 41 Page 524 of 1360 EXHIBIT 1 DRAFT CONTRACT under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. 12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor's claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. 12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. 14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 16. DEFAULT. a. A party will be in default if that party: i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; 2017025 Page 35 of 41 Page 525 of 1360 EXHIBIT 1 DRAFT CONTRACT ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 2017025 Page 36 of 41 Page 526 of 1360 EXHIBIT 1 DRAFT CONTRACT 21. TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 23. NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION/LIABILITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 2017025 Page 37 of 41 Page 527 of 1360 EXHIBIT 1 DRAFT CONTRACT 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be 2017025 Page 38 of 41 Page 528 of 1360 EXHIBIT 1 DRAFT CONTRACT written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 2017025 Page 39 of 41 Page 529 of 1360 EXHIBIT 1 DRAFT CONTRACT 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. 2017025 Page 40 of 41 Page 530 of 1360 EXHIBIT 2 MAILING LABEL (HARD COPY RESPONSE ONLY) CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR PROPOSAL CONTAINER SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: Solicitation # 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT Due Date: December 14, 2016 at 3:00 p.m. local Arizona time City of Mesa Attn: Purchasing 20 E. Main St., Suite 400 Mesa, AZ 85201 2017025 Page 41 of 41 Page 531 of 1360 PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 $ _ MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 $ _ MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 $ _ MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 $ _ MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 $ _ MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - Page 532 of 1360 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Page 533 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER Page 533 of 1360 16 Ful Filter for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT Page 534 of 1360 BALANCE OF LINE The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors who will be charging a Mesa Transaction Privilege Tax (TPT) will have a 1.75% removed from the taxable item(s) for the purpose of award evaluation (i.25). DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 10/25/2016 Date: RFP # 2017025 Page 535 of 1360 AE�_'Y r I REQUIRED RESPONSE FORMS mes,a,,az VENDOR INFORMATION Company Legal/Corporate Name: Doing Business As (if different than above) Address: City: State: Zip: Phone: Fax: E -Mail Address: Website: DUNS # State Where Business Entity Was Formed: Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: City: State: Zip: State: Zip: Contact for Questions about this bid: Name: Title: Phone: E -Mail Address: Day -to -Day ProRect Contact (if awarded): Name: Title: Phone: E -Mail Address: Sales/Use Tax Information (check one). F-1 Respondent is located outside Arizona and does NOT collect Arizona State Sales/Use Tax. (The City will pay use tax directly to the Arizona Department of Revenue.) El Respondent is located outside Arizona, but is authorized to collect Arizona Sales/Use Taxes. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities.) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % El Respondent is located in Arizona. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % V7/14/2015 Required Response Forms — Page 1 of 5 2017025 Page 536 of 1360 EXCEPTIONS & CONFIDENTIAL INFORMATION Exceptions (mark one). Respondents shall indicate any and all exceptions taken to the provisions or specifications in this Solicitation. Exceptions that surface elsewhere in the Response and that do not also appear under this section shall be considered rejected by the City, invalid and of no contractual significance. Other Forms or Documents: If the City is required by the awarded Respondent to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Respondents forms or documents. *Special Note - Any material exceptions taken to the City's Specifications and/or Standard Terms and Conditions may render a Bid Non-responsive. El No exceptions L1 Exceptions Taken: Please describe exact sections to which exception is taken. If proposing new or modified language, your firm shall identify the requested language below or provide as additional attachment. The City reserves the right to accept or reject any requested exceptions listed in the below section or attached to the solicitation. Confidential/Proprietary Information (mark one). F-1 No confidential/proprietary materials have been included with this Response. F-1 Confidential/Proprietary materials included with Response. Respondent must identify below any portion of their Response deemed confidential or proprietary and attach additional pages if necessary (See Mesa Standard Terms and Conditions related to Public Records). Requests to deem the entire bid as confidential will not be considered. The disclosure by the City of information deemed by Respondent as confidential or proprietary is governed by City of Mesa Procurement Rules. V7/14/2015 Required Response Forms - Page 2 of 5 2017025 Page 537 of 1360 GENERAL QUESTIONNAIRE Compliance with Applicable Laws. Respondent complies with Exhibit 1, Draft Agreement, Exhibit C, Mesa Standard Terms & Conditions, 9. "Compliance with Applicable Laws"? n Yes n No 2. Delivery. Delivery, as stated in Detailed Specifications, can be met. n Yes n No If no, specify number of days for delivery 3. Payment terms. Payment Due (Not less than net 30 days): Payment Discount of % if invoices are paid within days of receipt. 4. Procurement Card. Does Respondent allow payment of invoices using a Procurement Card? F-1 Yes n No (Marking a "no" answer will not disqualify your Response.) Discount for Procurement Card Purchases? % 5. Cooperative Purchasing. The use of this Agreement as a cooperative purchasing agreement available to other governmental agencies is described in the Mesa Standard Terms and Conditions. The use of this Agreement as a cooperative purchasing agreement is subject to approval by the Respondent as designated below. 6. Does Respondent agree to extend the prices, terms and conditions of the Agreement to other agencies as specified in the Standard Terms and Conditions? F-1 Yes n No (Marking a "no" answer will not disqualify your Response.) Respondents are responsible for verifying receipt of any addenda issued by checking the City's website at www.mesaaz.aov/business/purchasing or the Vendor Self Service portal prior to the Response Due date and time. Failure to acknowledge any addenda issued may result in a response being deemed non- responsive. Failure to review addenda does not negate Respondent's initial offer and holds Respondent for any changes prior to Response Due date and time. Acknowledgement of Receipt and Consideration of Addenda (if applicable): Addenda # 1 n 2 n 3 n 4 n V7/14/2015 Required Response Forms — Page 3 of 5 2017025 Page 538 of 1360 LAWFUL PRESENCE AFFIDAVIT F-1 CHECK HERE AND SKIP THIS AFFIDAVIT IF: Respondent is an LLC, a Corporation or a Partnership as indicated on your W-9. (Please include a copy of your W-9) COMPLETE THIS AFFIDAVIT IF: Respondent is an Individual (Natural Person) or a Sole Proprietor as indicated on your W-9. (Please include a copy of your W-9) ARS § 1-502 requires any person who applies to the City for a Local Public Benefit (defined as a Grant, Contract or Loan) must demonstrate through the presentation of one (1) of the following documents that he/she is lawfully present in the United States (See the Solicitation Instructions for more information). Please place a check mark next to the applicable document and present the document to the City employee. If mailing the response, attach a copy of the document to this Affidavit. (If the document says on its face that it may not be copied or you know for reasons of confidentiality that it cannot be copied, you will need to present the document in person to the City for review and signing of the affidavit.) L1 1. Arizona driver license issued after 1996. Print first 4 numbers/letters from license: L1 2. Arizona non-operating identification license. Print first 4 numbers/letters: F-1 3. Birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. Year of birth: Place of birth: F-1 4. United States Certificate of Birth abroad. Year of birth: Place of birth: F-1 5. United States passport. Print first 4 numbers/letters on Passport: F-1 6. Foreign passport with a United States Visa. Print first 4 numbers/letters on Passport: Print first 4 numbers/letters on Visa: F-1 7. 1-94 form with a photograph. Print first 4 numbers on 1-94: F-1 8. United States Citizenship & Immigration Services Employment Authorization Document (EAD). Print first 4 numbers/letters on EAD: F-1 9. Refugee travel document. Date of Issuance: Refugee Country: F-1 10. United States Certificate of Naturalization. Print first 4 digits of CIS Reg. No.: F-1 11. United States Certificate of Citizenship. Date of Issuance: Place of Issuance: F-1 12. Tribal Certificate of Indian Blood. Date of Issuance: Name of Tribe: F-1 13. Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of Birth: Place of Birth: In accordance with the requirements of Arizona law, I do swear or affirm under penalty of perjury that I am lawfully present in the United States and that the document I presented to establish this presence is true. Signature Business/Company Name Print Name Verification of Attachment by City Staff: Date Signature Date V7/14/2015 Required Response Forms - Page 4 of 5 2017025 Page 539 of 1360 RESPONDENT CERTIFICATION By submitting the Response and signing this Certification, the Respondent understands and certifies to all of the following: a) The information provided in Respondent's Response it true and accurate to the best of Respondent's knowledge. b) Respondent is under no legal prohibition that would prevent Respondent from contracting with the City of Mesa. c) Respondent has read and understands the Solicitation packet as a whole (including attachments, exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of the Solicitation as set forth in Respondent's Response. d) To Respondent's knowledge, Respondent and Respondent's employees have no known, undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules. If Respondent or Respondent employees have a known conflict of interest, Respondent has disclosed the conflict in its Response. e) Respondent did not engage in any anti-competitive practices related to its Response or the Solicitation. The prices offered by Respondent were independently developed without consultation or collusion with any other Respondents or potential Respondents. f) No gifts, payments or other consideration were made to any City employee, officer, elected official, agent, or consultant who has or may have a role in the procurement process for the services/materials covered by the Solicitation. g) Respondent grants the City of Mesa permission to copy all parts of its Response including, without limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in evaluating the Response; and (ii) to be disclosed in response to a public records request under Arizona's public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule 6.13. h) If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation Respondent will: i. Provide the materials or services specified in the Response in compliance with all applicable federal, state, and local statutes, rules and policies; ii. Honor all elements of the Response submitted by Respondent to the City including, but not limited to, the price and the materials/services to be provided; and iii. Enter into an agreement with the City based on the terms and conditions of the Solicitation and the Response, subject to any negotiated exceptions and terms. i) Respondent is current in all obligations due to the City including any amounts owed the City and any licenses/permits required for the general lawful conduct of business. Respondent shall acquire all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the execution of a contract with the City pertaining to the Solicitation. j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full power and authority to submit binding offers for the goods/services specified herein. Respondent intends by the submission of this Certification to be bound by the terms of the Certification, Solicitation, and Response, subject to any negotiated terms/exceptions. ACCEPTED AND AGREED TO BY RESPONDENT: Company Name: Signature: Printed Name: Title: Date: V7/14/2015 Required Response Forms — Page 5 of 5 2017025 Page 540 of 1360 This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE V -Twin cylinder, 4 -cycle, CHV. Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc) Y N Oil capacity: 1.75 quart (1.8 liter) Y N Cooling: Air (high flow blower) Y N Air cleaner system: Remote mounted 3-phase Donaldson° air cleaner Y N TRACTION Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever. Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge. Y N Main frame: Welded rectangular tubular steel frame construction. Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Y N GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. Y N ELECTRICAL Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N STEERING Hydraulic Power Steering I Y N OTHER CHARACTERISTICS Rear Rake and Frame Y N Ground Clearance: 6.0" Y N HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Page 541 of 1360 v -twin 4 -cycle, OHV gas, liquid -cooled, gasoline powered engine Y N ITEM/MINIMUM REQUIREMENT Horsepower- 28 HP Y N ENGINE Torque 40.8 Y N Displacement — 69 cu. in. (747 cc) Y N Oil Capacity — 2 qts. Y N Governor type — Mechanical centrifugal Y N Lube Oil Filter — Full flow with spin -on oil filter Y N Lubrication — Full -pressure lubrication Y N Starting System — 12 -volt starter Y N In Line Fuel Filter Y N PAYLOAD CAPACITY Rated Capacity—approx. 3,295 lbs I Y N DRIVETRAIN Auto Transmission w/ Electric Differential Lock Y N ELECTRICAL SYSTEM Lights—Two seated high/low-beam headlights; stoplight/taillight Y N Fuel Injected w/ Electric Choke Y N Hydraulic System — 6.8 gal. (25.7) capacity; 25- micron, full -flow filtration; biodegradable fluid; oil cooler standard Y N STEERING Automotive power steering I Y N BRAKES Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N SURROUNDS MOWER SPECIFICATIONS Item 3 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N Power = Approx. (Gross) 35 Hp Y N Air Cleaner = Dual -Stage With Restriction Indicator Y N Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement = 67.1 Cubic Inches Y N CAPACITIES Page 542 of 1360 FUEL = 11 Gal Y N ENGINE OIL = 3 Qt Y N HYDRAULIC OIL = 3.5 Gal Y N DRIVE SYSTEM Y N Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2 -pedal foot controlled; or equivalent Y N CAPACITIES BRAKES I Y N 2 -wheel Disc Y N Hand controlled Park Brake Y N Closed loop traction system. Y N OTHER STANDARD EQUIPMENT Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three -Wheel Drive Reduce Slip System, 2 -Pedal Controlled Y N CUTTING UNITS Number = 3 Reel Cutting Units Y N SIZE = Approx. 26" Y N Number Of Blades = 8 Y N Backlapping = Standard Y N CLIP FREQUENCY = 0.126-In/Mph Y N Front Rollers = Grooved Y N Reel Diameter = 7" Y N BEDKNIFE ADJUSTMENT = Reel -To-Bedknife Y N Rear Rollers = Solid Y N ELECTRICAL AND SAFETY INTERLOCKS DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Neutral start switch Y N Operator presence switch (in seat) Y N Mow / Transport switch Y N Park brake set switch. Y N TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N CAPACITIES Fuel Capacity = 7.0 gal I Y N Page 543 of 1360 Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank Y I N I DRIVE SYSTEM ENGINE AND CAPACITIES Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable Y N 55 HP, Liquid Cooled Turbo Charged Diesel IMPLEMENT DRIVE AIR CLEANER Hydraulic drive, individual pump and valve sections operating three reels Y N Y N CUTTING UNITS Number = 3 Y N Type = 11 Blade Y N BEDKNIVES = Lo -Cut, 1/8" Y N Height Of Cut Range = 0.125" — 0.750" Y N Reel Frame Y N Reel Diameter = 5" Y N Blades Shall Be High Carbon Steel Y N OTHER STANDARD EQUIPMENT STEERING Power Y N Gas Shock Y N CONTROLS Y N LED Light Kit Y N Raise / lower mow lever (joystick) Y N WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear -mount cross-flow, 7 -row, 5 -fins per inch, 13 quart Y N FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B-20 Y N I DRIVE SYSTEM TRACTION DRIVE Page 544 of 1360 Full time bi-directional hydrostatic, closed-loop, 4wd SPECIFICATIONS Item 6 transmission, variable displacement piston pump with I COMPLY? VENDOR EXCEPTION/ALTERNATIVE servo controls powers fixed displacement piston ENGINE I I motors which drive single action reduction planetary Y N gear assemblies at each front wheel. Parallel hydraulic flow powers fixed displacement piston motor, which drives mechanical axle in rear. 2wd in forward (transport) range. HYDRAULICS/COOLING 12 gallon capacity 2 micron remote spin -on filter. 19 Y N row, single pass cooler with tilt out for cleaning. OTHER CHARACTERISTICS DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and steering. Charge and deck counterbalance Y N circuits. INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only Y N permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. CUTTING UNITS WIDTH OF CUT Overall approx. 109" . Center deck 54". Two 37" Wings all upfront Y N MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps or stops Y N OTHER STANDARD EQUIPMENT Light Kit Y I N Canopy Y I N FAIRWAY MOWER SPECIFICATIONS Item 6 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES j ENGINE I I Page 545 of 1360 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine Y speed control. N Hand operated raise/lower joystick for reel raise and Y lower, headlight switch and pivoting control console. N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based. Y N Solid State with diagnostic capabilites for all safty switch and operator present switches. Y N CUTTING UNIT 5- 22 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air-ride seat Y N Sun Shade Y N Page 546 of 1360 Attachment D A T 10"" A L PA Requirements for National Cooperative Contract To be Administered by National Intergovernmental Purchasing Alliance Company The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier's review and response. National IPA Exhibit A — NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT National IPA Exhibit B — NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C — NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE National IPA Exhibit D — NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE National IPA Exhibit E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F — NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Page 547 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company ("National IPA"), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment.. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the "Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA's requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly Requirements for National Cooperative Contract Page 2 of 24 Page 548 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $35 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are Requirements for National Cooperative Contract Page 3 of 24 Page 549 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA's cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier's primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier's need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is Supplier's primary "go to market" strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Requirements for National Cooperative Contract Page 4 of 24 Page 550 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. 3.1 Company A. Brief history and description of your company. B. Total number and location of sales persons employed by your company. C. Number and location of support centers (if applicable). D. Annual sales for the three previous fiscal years. E. Submit your FEIN and Dunn & Bradstreet report. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. C. Provide the number, size and location of your company's distribution facilities, warehouses and retail network as applicable. D. State any return and restocking policy and fees, if applicable, associated with returns. E. Describe the full line of products and services offered by your company. Requirements for National Cooperative Contract Page 5 of 24 Page 551 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go -to -market strategy within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co -branded press release to trade publications ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days iii. Design, publication and distribution of co -branded marketing materials within first 90 days iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier -specific trade shows, conferences and meetings throughout the term of the Master Agreement V. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated National IPA internet web -based homepage on Supplier website with: • National IPA standard logo; • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA's website including the online registration page; • A dedicated toll free number and email address for National IPA C. Describe how your company will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your Requirements for National Cooperative Contract Page 6 of 24 Page 552 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. E. Supplier is responsible for proactive direct sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier's sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts G. Provide contact information for the person(s), who will be responsible for: i. Marketing ii. Sales iii. Sales Support iv. Financial Reporting V. Contracts H. Describe in detail how your company's national sales force is structured, including contact information for the highest -level executive in charge of the sales team. L Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set- up, etc. K. State the amount of your company's Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. L. Describe your company's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). Requirements for National Cooperative Contract Page 7 of 24 Page 553 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT $ .00 in year one $ .00 in year two $ .00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail your strategies under these options when responding to a solicitation. Requirements for National Cooperative Contract Page 8 of 24 Page 554 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT (the "Agreement") is made this day of 20 between National Intergovernmental Purchasing Alliance Company ("National IPA"), and (herein "Supplier"). RECITALS WHEREAS, the (herein "Principal Procurement Agency") has entered into a Master Agreement effective , Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (herein "Product"); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies; WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Requirements for National Cooperative Contract Page 9 of 24 Page 555 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier's response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier's obligation to provide appropriate insurance. 4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) shall not be obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) shall not be obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. TERM OF AGREEMENT 6. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of paragraphs 3, 4 and 5 hereof and the indemnifications afforded by the Supplier to National IPA herein and in the Master Agreement, to the extent such provision survive the term of the Master Agreement, shall survive the term of this Agreement. NATIONAL PROMOTION 7. National IPA and Supplier shall publicize and promote the availability of the Master Agreement's products and services to Public Agencies and such agencies' employees. Supplier's failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) Requirements for National Cooperative Contract Page 10 of 24 Page 556 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA's sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. 8. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website www.nationalipaor, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency's first sales order. 9. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. In addition, Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier and National IPA shall provide each respective party with its logo ("Logo") and the standard terms of use for its general use in marketing the Master Agreement. Both parties shall obtain written approval from the other party prior to use of such party's Logo. Notwithstanding, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. MONTHLY REPORTING & FEES 10. Supplier shall pay National IPA an administrative fee in the amount of % of the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). Supplier shall provide National IPA with an electronic accounting report, in Microsoft Excel, in the format prescribed by National IPA, on a monthly basis summarizing all Contract Sales for the applicable month. A sample of the Contract Sales reporting format is provided as Exhibit C, attached hereto and incorporated herein by reference. 11. Reports of Contract Sales for Principal Procurement Agency and Participating Public Agencies in each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Such reports shall be accompanied by an administrative fee payment in the amount indicated on the report as being due. Administrative fee payments are to be paid by the Supplier to National IPA via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a monthly report or payment of the administrative fees within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at National IPA's sole discretion. All administrative fees not paid when due shall bear interest at a rate equal to the lesser of 1 1/2% per month or the maximum rate permitted by law until paid in full. 12. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA's sole Requirements for National Cooperative Contract Page 11 of 24 Page 557 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE discretion, reserves the right to compare Participating Public Agency records with monthly reports submitted by Supplier for a period of four (4) years from the date National IPA receives such monthly report. National IPA may engage a third party to conduct an independent audit of Supplier's monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of administrative fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA's reasonable satisfaction, including payment of any administrative fees due and owing, together with interest thereon in accordance with Section 11, and reimbursement of National IPA's costs and expenses related to such audit. GENERAL PROVISIONS 13. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail. 14. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 15. This Agreement and National IPA's rights and obligations hereunder may be assigned at National IPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform National IPA's obligations hereunder. Supplier may not assign its obligations hereunder without the prior written consent of National IPA. 16. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. National Intergovernmental Purchasing Alliance Company National IPA Attn: President 2555 Meridian Blvd Suite 300 Franklin, TN 37067 B. Supplier 17. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein Requirements for National Cooperative Contract Page 12 of 24 Page 558 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 18. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 19. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 20. This Agreement will be construed under and governed by the laws of the state of Delaware, excluding its conflicts of law provisions. Authorized Signature, Supplier NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Name Title Signature Ward H. Brown Name Chief Operating Officer Title Date Date Requirements for National Cooperative Contract Page 13 of 24 Page 559 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (the "Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company ("National IPA") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively the "National IPA Parties") by either registering on a National IPA Party website (such as www.nationalipa.org), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products") to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. 3. That the cooperative use of Master Agreements and other group purchasing agreements shall be in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal, state or local law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. Requirements for National Cooperative Contract Page 14 of 24 Page 560 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE 5. That the Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, "Supplier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 6. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a Procuring Party, and the Procuring Party shall hold non -procuring parry harmless from any liability that may arise from action or inaction of the Procuring Party. Without limiting the generality of the foregoing, the National IPA Parties make no representations or warranties regarding any Product, Master Agreement or GPO Contract, and shall have no liability for any act or omission by a Supplier or other party under a Master Agreement or GPO Contract. 8. This Agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 6, 7 and 8 hereof shall survive any such termination. 9.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Requirements for National Cooperative Contract Page 15 of 24 Page 561 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D - NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as Principal Procurement Agency for National IPA, NAME OF PPA agrees to pursue Master Agreements for Products as specified in the attached exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as of and on behalf of NAME OF PPA ("Principal Procurement Agency"), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National Intergovernmental Purchasing Alliance Company ("National IPA") pursuant to the terms of the Administrative Agreement by and between National IPA and the applicable supplier. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, Principal Procurement Agency Signature Name Title Date Requirements for National Cooperative Contract Page 16 of 24 Page 562 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report Supplier Name: Contract Sales Report Month: Contract ID: Participating Agency Name Address City Participating Agency # Transaction {Assigned Date Contract Admin Admin State Zip Code by National (Date of Sales for Fee % Fee $ IPA and Sale) Month ($) provided to Supplier} Report Totals Cumulative Contract Sales Requirements for National Cooperative Contract Page 17 of 24 Page 563 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.Lisa.gov/Agencies/State and Territories.shtml and https://www.Lisa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR Requirements for National Cooperative Contract Page 18 of 24 Page 564 of 1360 CITY OF SPRINGFIELD, OR ELMO, UT CITY OF ST. HELENS, OR ELSINORE, UT CITY OF ST. PAUL, OR ELWOOD, UT CITY OF SULPHUR, LA EMERY, UT CITY OF TIGARD, OR ENOCH, UT CITY OF TROUTDALE, OR ENTERPRISE, UT CITY OF TUALATIN, OR EPHRAIM, UT CITY OF WALKER, LA ESCALANTE, UT CITY OF WARRENTON, OR EUREKA, UT CITY OF WEST LINN, OR FAIRFIELD, UT CITY OF WILSONVILLE, OR FAIRVIEW, UT CITY OF WINSTON, OR FARMINGTON, UT CITY OF WOODBURN, OR FARR WEST, UT LEAGUE OF OREGON CITES FAYETTE, UT THE CITY OF HAPPY VALLEY OREGON FERRON, UT ALPINE, UT FIELDING, UT ALTA, UT FILLMORE, UT ALTAMONT, UT FOUNTAIN GREEN, UT ALTON, UT FRANCIS, UT AMALGA, UT FRUIT HEIGHTS, UT AMERICAN FORK CITY, UT GARDEN CITY, UT ANNABELLA,UT GARLAND,UT ANTIMONY, UT GENOLA, UT APPLE VALLEY, UT GLENDALE, UT AURORA, UT GLENWOOD, UT BALLARD,UT GOSHEN,UT BEAR RIVER CITY, UT GRANTSVILLE, UT BEAVER, UT GREEN RIVER, UT BICKNELL, UT GUNNISON, UT BIG WATER, UT HANKSVILLE, UT BLANDING, UT HARRISVILLE, UT BLUFFDALE, UT HATCH, UT BOULDER, UT HEBER CITY CORPORATION, UT CITY OF BOUNTIFUL, UT HELPER, UT BRIAN HEAD, UT HENEFER, UT BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT BRYCE CANYON CITY, UT HERRIMAN, UT CANNONVILLE, UT HIDEOUT, UT CASTLE DALE, UT HIGHLAND, UT CASTLE VALLEY, UT HILDALE, UT CITY OF CEDAR CITY, UT HINCKLEY, UT CEDAR FORT, UT HOLDEN, UT CITY OF CEDAR HILLS, UT HOLLADAY, UT CENTERFIELD, UT HONEYVILLE, UT CENTERVILLE CITY CORPORATION, UT HOOPER, UT CENTRAL VALLEY, UT HOWELL, UT CHARLESTON, UT HUNTINGTON, UT CIRCLEVILLE, UT HUNTSVILLE, UT CLARKSTON, UT CITY OF HURRICANE, UT CLAWSON, UT HYDE PARK, UT CLEARFIELD, UT HYRUM, UT CLEVELAND,UT INDEPENDENCE,UT CLINTON CITY CORPORATION, UT IVINS, UT COALVILLE, UT JOSEPH, UT CORINNE, UT JUNCTION, UT CORNISH, UT KAMAS, UT COTTONWOOD HEIGHTS, UT KANAB, UT DANIEL, UT KANARRAVILLE, UT DELTA, UT KANOSH, UT DEWEYVILLE, UT KAYSVILLE, UT DRAPER CITY, UT KINGSTON, UT DUCHESNE, UT KOOSHAREM, UT EAGLE MOUNTAIN, UT LAKETOWN, UT EAST CARBON, UT LA VERKIN, UT ELK RIDGE, UT LAYTON, UT Requirements for National Cooperative Contract Page 19 of 24 Page 565 of 1360 LEAMINGTON, UT RICHFIELD, UT LEEDS, UT RICHMOND, UT LEHI CITY CORPORATION, UT RIVERDALE, UT LEVAN, UT RIVER HEIGHTS, UT LEWISTON, UT RIVERTON CITY, UT LINDON, UT ROCKVILLE, UT LOA, UT ROCKY RIDGE, UT LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT LYMAN, UT ROY, UT LYNNDYL, UT RUSH VALLEY, UT MANILA, UT CITY OF ST. GEORGE, UT MANTI, UT SALEM, UT MANTUA, UT SALINA, UT MAPLETON, UT SALT LAKE CITY CORPORATION, UT MARRIOTT-SLATERVILLE, UT SANDY, UT MARYSVALE, UT SANTA CLARA, UT MAYFIELD, UT SANTAQUIN, UT MEADOW, UT SARATOGA SPRINGS, UT MENDON, UT SCIPIO, UT MIDVALE CITY INC., UT SCOFIELD, UT MIDWAY, UT SIGURD, UT MILFORD, UT SMITHFIELD, UT MILLVILLE, UT SNOWVILLE, UT MINERSVILLE, UT CITY OF SOUTH JORDAN, UT MOAB,UT SOUTH OGDEN, UT MONA, UT CITY OF SOUTH SALT LAKE, UT MONROE,UT SOUTH WEBER,UT CITY OF MONTICELLO, UT SPANISH FORK, UT MORGAN, UT SPRING CITY, UT MORONI, UT SPRINGDALE, UT MOUNT PLEASANT, UT SPRINGVILLE, UT MURRAY CITY CORPORATION, UT STERLING, UT MYTON, UT STOCKTON, UT NAPLES, UT SUNNYSIDE, UT NEPHI, UT SUNSET CITY CORP, UT NEW HARMONY, UT SYRACUSE, UT NEWTON, UT TABIONA, UT NIBLEY, UT CITY OF TAYLORSVILLE, UT NORTH LOGAN, UT TOOELE CITY CORPORATION, UT NORTH OGDEN, UT TOQUERVILLE, UT NORTH SALT LAKE CITY, UT TORREY, UT OAK CITY, UT TREMONTON CITY, UT OAKLEY, UT TRENTON, UT OGDEN CITY CORPORATION, UT TROPIC, UT OPHIR, UT UINTAH, UT ORANGEVILLE, UT VERNAL CITY, UT ORDERVILLE, UT VERNON, UT OREM, UT VINEYARD, UT PANGUITCH, UT VIRGIN, UT PARADISE, UT WALES, UT PARAGONAH, UT WALLSBURG, UT PARK CITY, UT WASHINGTON CITY, UT PAROWAN, UT WASHINGTON TERRACE, UT PAYSON, UT WELLINGTON, UT PERRY, UT WELLSVILLE, UT PLAIN CITY, UT WENDOVER, UT PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT PLEASANT VIEW, UT WEST HAVEN, UT PLYMOUTH, UT WEST JORDAN, UT PORTAGE, UT WEST POINT, UT PRICE, UT WEST VALLEY CITY, UT PROVIDENCE, UT WILLARD, UT PROVO, UT WOODLAND HILLS, UT RANDOLPH, UT WOODRUFF, UT REDMOND, UT WOODS CROSS, UT Requirements for National Cooperative Contract Page 20 of 24 Page 566 of 1360 COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF'S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT Requirements for National Cooperative Contract Page 21 of 24 Page 567 of 1360 HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT - DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI -COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND -LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO. lOB FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO. IJ MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO. 101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX -TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT Requirements for National Cooperative Contract Page 22 of 24 Page 568 of 1360 ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT IJ SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPESCHOOL,UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT MUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT Requirements for National Cooperative Contract Page 23 of 24 Page 569 of 1360 TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII -HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON -GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 24 of 24 Page 570 of 1360 A RESPONSE TO THE CITY OF MESA °SII II::w 2017025 CIIRCU.UIN11I)C IIA A11N II Il0MIl0CII!:II QU.UII14:'"IIA II IIOR"�S ACCII:CCCIIR11111::,S" CU011"11"11 II ll:::, S, ILII II MUIll:::, lll::,RV11CII::,S A 11', 11:QU.U1114"IIA II:110 Mr ", (',I IV I'I,I/,i I'[ai (1 w,iiiIVI"IoII )(1 , A M,IIII 400 Mr ,, , Ai voiw E; i)0H Page 571 of 1360 City of Mesa C—r.indd 1 12/2/16 10:55 AM TABLE OF CONTENTS TAB 1 TAB 1 — LETTER OF TRANSMITTAL DOCUMENT LETTER OF TRANSMITTAL TAB 2 TAB 2 — QUALIFICATIONS. (ABILITIES, EXPERIENCE AND EXPERTISE) DOCUMENT 1 - 6 1. STATEMENT OF QUALIFICATIONS 1 1. A. DESCRIPTION OF QUALIFICATIONS 1 1. A. I. HISTORY OF TORO 1 - 2 1. A. II. NUMBER AND LOCATION OF SUPPORT CENTERS 2 1. B. RESPONDENTS ABILITY 2 1. C. REFERENCES 3 1. D. RESPONSE TO NATIONAL PROGRAM 3 2. IDENTIFICATION OF RESPONDENTS 4-6 3. ADDITIONAL QUALIFICATIONS 6 ATTACHEMENT D — NATIONAL IPA DOCUMENT 1-32 DNB RISK MANAGEMENT DOCUMENT 1-32 TAB 3 TAB 3 — PROGRAM DESCRIPTION AND METHOD OF APPROACH DOCUMENT 1-25 1. DISTRIBUTION NETWORK 1 - 2 2. REPORTING 2-3 3. PRODUCT REQUIREMENTS 3-20 4. SERVICE 20-24 5. ORDERING AND INVOICES 25 6. OTHER 25 ATTACHMENT C — SAMPLE EQUIPMENT SPECIFICATIONS 1 - 6 TORO EQUIPMENT MAINTENANCE PRODUCTS AND SCHEDULES FOR EQUIPMENT IN ATTACHMENT C 1 TORO DISTRIBUTOR LISTING 1 COPY OF INVOICE 1 SNC CERTIFICATE OF DELIVERY 1 TAB 4 TAB 4 — PRICING AND COMPENSATION FORMS DOCUMENT 1 - 5 1. PRICE PROPOSAL 1 2. PROPOSED BUSINESS PRICING MODELS 2-3 3. PROPOSED DELIVERY MODEL 3 4. PRICING CHANGES 3-4 5. MOST FAVORABLE PRICING 4 6. ADDITIONAL DISCOUNTS 4 7. ORDERING METHODS 5 8. PAYMENT TERMS 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 572 of 1360 TABLE OF CONTENTS TAB 4 CONTINUED... ATTACHMENT — MESA PRICING AND COMPENSATION ADDENDUM 12/07/16 1 — 7 TORO COMMERCIAL PRODUCTS PRICE LIST 1-47 GOLF IRRIGATION PRICE LIST 1-93 TORO RESIDENTIAL/COMMERCIAL IRRIGATION PRICE LIST 1-24 IRRITROL IRRIGATION PRICE LIST 1-14 RAIN MASTER CENTRAL CONTROL PRICE LIST 1 - 6 SENTINEL CENTRAL CONTROL PRODUCTS PRICE LIST 1-15 TORO LCE (LANDSCAPE CONTRACTOR EQUIPMENT) PRICE LIST 1 - 9 TORO SWS (SITEWORKS SYSTEM) PRICE LIST 1-10 TORO SWS SI (SITEWORKS SYSTEM) PRICE LIST 1 - 7 TORO SWS SII (SITEWORKS SYSTEM) PRICE LIST 1 - 6 TORO SWS SIII (SITEWORKS SYSTEM) PRICE LIST 1 - 2 BOSS PRICE LIST 1 - 3 TAB 5 TAB 5 — OTHER FORMS DOCUMENT 1 ATTACHMENT B — REQUIRED RESPONSE FORMS 1 - 5 EXCEPTIONS TAKEN DOCUMENT 1 - 5 W9 FORM 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 573 of 1360 TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The Respondent's understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation. See the attached `Letter of Transmittal' document. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 574 of 1360 The Toro Company 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 Phone 952/888-880 www. toro. com Fax 952/887-8258 Jess Romney, CPPB Procurement Officer Mesa City Plaza 20 E. Main St, Room 4450 North Mesa, AZ 85211-1466 Dear Mr. Romney, December 9, 2016 It is our understanding that the City of Mesa, Arizona is soliciting a response for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment for the City of Mesa as well as other government agencies through a piggybacking process. National IPA is the cooperative organization that will allow for this contract to be utilized by other agencies and therefore we will also be contracting with National IPA as part of this agreement. For the past nine years, The Toro Company has been the sole contract holder for Grounds Maintenance Equipment for National IPA through the City of Tucson as the Principal Procurement Agency. Through a competitive process The Toro Company was awarded the contract in 2007 and again in 2012. In conjunction with our National IPA partners, we have provided training to our national distributor/dealer networks to understand cooperative purchasing and the benefits that this contract holds. Through our sales and marketing efforts we have grown this contract into a vehicle that thousands of agencies across the country rely on for purchasing their Grounds Maintenance Equipment. The primary contacts for this contract will be Pete Whitacre and Jon Stodola for Toro representing sales, Paula Sliefert and David Yakes representing Toro marketing. On a local basis, Shelly Spencer will be representing Simpson Norton management, Fred Balzarini represents outside sales, and Mike Swichtenberg represents service. This response includes participation from Toro's Commercial, Landscape Contractor, Site Works Systems, Golf Irrigation and Residential Commercial Irrigation and BOSS divisions. We are confident we represent the most complete offering for your ground maintenance equipment needs, not only for the City of Mesa, but also for other public agencies nation-wide. We look forward to supporting and growing this contract with you and other National IPA participating agencies. Thank you for your consideration of The Toro Company as your Grounds Maintenance Equipment provider. Best regards, Brad Hamilton Vice President Commercial Division The Toro Company Page 575 of 1360 TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. A statement of Respondent's qualifications, abilities, experience and expertise in providing the requested goods and services. The National IPA contract has been one of Toro's primary go to market strategies for selling products and services to government agencies. We have been educating our distributors, dealers and customers regarding this contract for nine years. We regularly meet with National IPA's management team to discuss successes and plan strategies to grow this business. Toro's executives are also very involved with the strategies associated with this contract. A description of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence. Include: i. A brief history and description of your company. About The Toro Company The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting solutions. With sales of $2.4 billion in fiscal 2015, Toro's global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War 1 by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 80 countries around the world. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 576 of 1360 The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors sales force of approximately 200 sales representatives. The resources are located in every state except Alaska. ii. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. b. An assessment of the Respondent's ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent's inability to meet any of the requirements of the specifications. The Toro Company and our distributor/dealer channel have been marketing and selling the National IPA contract for nine years. When we first started this contract in 2007, most of our distributors were not aware of what cooperative purchasing was. In the early months of the contract we developed an aggressive training program with our channel partners and the National IPA sales and marketing team. One by one they learned what the contract was, the benefits to them and the benefits to their customers. The going was slow at first, but now the term `cooperative contract' is part of their everyday lexicon. All of our distributors are actively selling our equipment through this contract. Our training continues, and over the years we have enlisted the help of local NIGP chapters leaders to teach our distributors how to sell to government agencies. Through Paula Sliefert and Pete Whitacre's involvement in the NIGP's Business Council we had a recent panel discussion at our national sales meeting that included past NIGP Presidents and current members of NIGP's Governing Board, which allowed our distributor teams to ask questions and learn from practitioners on how they perceive cooperative purchasing, and the value of understanding the entire organization's needs. We know that selling to government agencies requires a knowledge of process at each location and we have instilled that in our channel partners. Within the golf industry, Toro is the market share leader by a wide margin. This is due primarily to our dedicated focus and support, and the strength and dedication of our channel partners. Toro also offers the wideset array of products to serve the municipal market. Our response includes participation from Toro's Commercial, Landscape Contractor (LCE), Site Works Systems (SWS), Golf Irrigation and Residential Commercial Irrigation and BOSS divisions. We are confident we represent the most complete offering for your ground maintenance equipment needs, not only for the City of Mesa, but also for other public agencies nationally. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 577 of 1360 c. References —A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person's names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided. City of Peoria Charlie Johnson, PW -UT Management Analyst Public Works Management Analyst 8850 N. 791h Ave. City of Peoria, AZ 85345 623-764-4641 Cell 1623-773-7495 Desk 1623-773-7496 Fax Charles.Johnson(cbpeoriaazagov Combined Sales 11/01/16 — 11/21/16 $1,111,122 Toro Commercial Equipment City of Tucson Frank Barajas 900 S. Randolph Way Tucson, AZ 85716 520-631-3629 Cell 1520-791-4872 x 213 1520-791-4008 Fax Fbaraia 1(cbciatucsonaazaus Combined Sales 11/01/16 — 11/21/16 $618,300 Toro Commercial Equipment and Golf Irrigation products City of Tempe Michael Greene, Procurement Administrator 20 East 6th Street Tempe, AZ 85280 480-350-8516 office 1480-858-7701 fax Michael greene0lem ea.gov Combined Sales 11/01/16 — 11/21/16 $1,317,589 Toro Commercial Equipment City of Goodyear Charles Schneider, Fleet Superintendent Municipal Services/Public works 4971 S. 157"' Ave. Goodyear, AZ 85338 623-208-0112 Cell 1623-882-7195 Office Charles. Schneider(ebgoodXearazagov Combined Sales 11/01/16 — 11/21/16 $612,612 Toro Commercial Equipment d. Provide a response to the national program. Include a detailed response to Attachment D, Exhibit A, National IPA response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how Respondent will educate its national sales force about the contract, describe how products and services will be distributed Nationwide, include a plan for marketing the products and services Nationwide, and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror's response should include any proposal exceptions to the National IPA Administration Agreement. See attachment D. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 578 of 1360 2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff named in the Response may not be substituted without permission of the City. Include in the Response resumes and relevant experience. Toro Staff Pete Whitacre, Regional Business Manager, has been with The Toro Company for 11 years. Pete has been the primary manager of the current City of Tucson/National IPA contract for the past nine years. He holds a Certified Sales Executive (CSE) designation from Sales & Marketing Executives International. He has 25 years of experience selling to the government market and understands the buying and selling process that is specific to government. Pete holds a Government Contractor Certificate (GCC) through the National Institute for Government Purchasing (NIGP) showing his commitment to this market. He also sits on the NIGP National Business Council as an advisor to the NIGP Board. Paula Sliefert joined The Toro Company in 2007 and currently serves as senior marketing manager in the company's Commercial Business. In her role, she has responsibility for supporting a number of Toro's key industry relationships — in addition to helping develop and implement strategies targeted at growing the Sports Fields & Grounds market segments, which represents professional and collegiate sports, educational institutions, and government including federal, state and local entities. Paula is a graduate of Simpson College with a bachelor's degree in German and International Business and holds a master's degree in German from Bowling Green State University. She studied and worked abroad in both Germany and Austria, having completed a work abroad program with Mercedes Benz, as well as having attended the University of Salzburg, Austria. Professional Affiliations National Institute of Governmental Purchasing (NIGP): Member & Past Elected Business Council Chairperson Green Industry Expo (GIE) — (NALP & PGMS): Elected Show Board of Directors Member Sports Turf Managers Association (STMA): Member/ International Committee Commercial Advisory Board: Invited Member Safer Athletic Fields for Everyone Foundation (SAFE): Elected Board of Directors Member Professional Grounds Management Society (PGMS): Elected Board of Directors Member National Recreation & Park Association (NRPA): Member & Sponsor of Directors School City Parks Alliance (CPA): Member/ 2017 Greater & Greener Conference Planning Committee Synthetic Turf Council (STC): Member Snow & Ice Management Association (SIMA): Member American Public Works Association (APWA): Member Leadership in Educational Facilities (APPA): Member City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 579 of 1360 Jon Stodola, CSE - State and Local Government Sales manager, has been with the Toro Company for 1 year and works directly with our distribution team on education and positioning of the City of Tucson/National IPA contract. He is a member of the APWA, SIMA and APPA. He spent the previous 4 years with Office Depot where he served as a Government & Education Manager— North Central Plains, assisting representatives of K-12, Higher education, State and Local Government in the design and implementation of customized procurement programs that addressed their financial goals and community objectives. He holds a Certified Sales Executive (CSE) designation from Sales & Marketing Executives International which places a high value on ethical sales practices. David Yakes, Marketing Manager for Sports Fields & Grounds for the Commercial Division, has been with the Toro company for 3 years. David has over 17 years of marketing experience in a variety of business -to -business and business -to -consumer roles, including Supervalu Inc, a grocery wholesaler and retailer, and Campbell Mithun, advertising agency. David also has experience working with the State of Minnesota, Office of the Governor, in a constituent and state agency role. Marketing experience includes product and service positioning and promotion, customer and sales channel engagement, customer research and market analysis, and strategy development and execution. Simpson Norton Staff Shelly Spencer, CSE - Sports Fields & Grounds Manager and a Member of SIMA. Over 34 years in the industry with the last 14 years focused on Contracts and the municipal customer. Shelly will be the main contact person for this contract. She is the inside sales person. Her responsibilities include: Contract maintenance. (10091o) Equipment recommendations and quotes. (5091o) Processes all purchase orders. (100%) Fred Balzarini, SCPS - Outside Sales Manager with more than 24 years in the industry and the last 11 years with Simpson Norton focusing on Commercial/ Government sales. Fred will provide customers with equipment recommendations, quotes and training on new equipment. (10091o) In-house techs: Randy Waymire - 14 years in the industry and nearly 1 year with Simpson Norton. Nick Nielsen - 18 years in the industry and the last 7 years with Simpson Norton. Jeff Lucas - 10 years in the industry and with Simpson Norton. Personnel Joe Goodwin, CSE — Vice -President Sales for Simpson Norton. 29 years in the industry with the last 21 years at Simpson Norton. Joe oversees the entire sales team for all divisions of business. Joe can provide equipment recommendations and quotes if needed. (5091o) Mike Swichtenberg, CSM Certified Service Manager through the National Association of Service Managers (NASM). The Toro Company requires 100% of all distributor service managers to be CSM Certified. Mike is our Director of Service at Simpson Norton Corporation. He has been in the industry for 26 years and the last 14 years with Simpson Norton. Mike coordinates supplemental group training and manages our entire service department. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 580 of 1360 Lisa Lofquist, Technical Service Manager - EETC Certified - Toro System Certified Lisa has been in the industry for 22 years and the last 12 years with Simpson Norton. Lisa is the main contact for technical service issues. She oversees the administration of the shop. In -field techs: Randy Waymire - 14 years in the industry and nearly 1 year with Simpson Norton. Nick Nielsen - 18 years in the industry and the last 7 years with Simpson Norton. Jake Pennington - 21 years in the industry and the last 10 years with Simpson Norton. Jeff Lucas - 10 years in the industry and with Simpson Norton. Each of our 4 in -field techs and 3 in-house techs are Toro factory certified through EETC (Equipment Engine Training Council). Each is certified in: 4 Stroke Gasoline Engines, Compact Diesel Engines, Electrical Systems and Hydraulic and Drivelines. After completion of EETC they continue specialized training through The Toro Company. Our shop foreman, Curt Close, is not only EETC, but holds The Toro Company's SMST (Senior Master Service Technician) certification. Curt has been with Simpson Norton and the industry for 40 years. Local training is provided to the customer at time of delivery by the salesman and a service technician assigned to that particular customer. Training is one-on-one or group training. Operator manuals, repair manuals and CD/DVD's etc. are provided at time of delivery and are reviewed with the customer for each piece of equipment. As per item 5 in Scope of Work we acknowledge and accept these training requirements. 3. Please submit any additional qualification information that you feel is applicable to your qualifications and experience. For the past nine year we have been marketing, advertising and selling the City of Tucson/National IPA agreement. Attached is an example of some marketing efforts we have jointly developed. Toro and our distribution channel have great relationships with National IPA. We are actively engaged with their national sales team to make joint sales calls and have strategic plans in place, which we are currently implementing, to grow this contract. They know our products and they know our people. We know each other's strengths. We have monthly calls with the 4 Group Vice Presidents to track our progress on our strategy. Our Executives have relationships and they are involved with the process. Over the nine years we have develop a very strong partnership to drive growth. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 581 of 1360 Attachment D //% NATIONALI�PA Requirements for National Cooperative Contract To be Administered by National Intergovernmental Purchasing Alliance Company The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier's review and response. National IPA Exhibit A — NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT National IPA Exhibit B — NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C — NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE National IPA Exhibit D — NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE National IPA Exhibit E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F — NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Page 582 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company ("National IPA"), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment.. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the "Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA's requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. Requirements for National Cooperative Contract Page 2 of 32 Page 583 of 1360 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume Requirements for National Cooperative Contract Page 3 of 32 Page 584 of 1360 The dollar volume purchased under the Master Agreement is estimated to be approximately $35 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA's cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier's primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier's need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National Requirements for National Cooperative Contract Page 4 of 32 Page 585 of 1360 IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is Supplier's primary "go to market" strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. 3.1 Company A. Brief history and description of your company. The Toro Company (NYSE: TTQ is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting Requirements for National Cooperative Contract Page 5 of 32 Page 586 of 1360 solutions. With sales of $2.4 billion in fiscal 2016, Toro's global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud ofits legacy ofquality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War I by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number ofstrong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 90 countries around the world. B. Total number and location of sales persons employed by your company. The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors salesforce of approximately 200 sales representatives. The resources are located in every state except Alaska. C. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging insize from 10, 000 square feet to 150, 000 square feet. D. Annual sales for the three previous fiscal years. Requirements for National Cooperative Contract Page 6 of 32 Page 587 of 1360 E. Submit your FEIN and Dunn & Bradstreet report. See attached W-9 form and Dunn and Bradstreet report. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. Toro has 22 distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor, Irrigation, Siteworks System, and BOSS products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts. C. Provide the number, size and location of your company's distribution facilities, warehouses and retail network as applicable. All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro has over 100 offices nationally ranging in size from 10,000 square feet to 150, 000 square feet. D. State any return and restocking policy and fees, if applicable, associated with returns. Requirements for National Cooperative Contract Page 7 of 32 Page 588 of 1360 Parts Restocking Policy: 15% restocking fee on parts. New, unused, uninstalled electrical items are eligible for return and subject to the 15% restock fee. Used or installed electrical items cannot be returned. Parts are to be returned to Simpson Norton at customer's expense within 90 days of purchase. E. Describe the full line of products and services offered by your company. Toro has the broadest product line for all your Grounds Maintenance Equipment needs. We offer the highest quality products for golf courses, parks, sports fields and general grounds maintenance. This includes, many types ofreel and rotary mowers, aerators, sprayers, bunker rakes, debris, and utility vehicles. We offer walk behind, stand -on, and ride -on, large area, and zero turn equipment. Our Site Works Systems group offers small skid steers, trenching equipment, underground directional drilling equipment. We have both golf irrigation and residential commercial irrigation. Our BOSS group offers snowplows and spreaders. 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go -to -market strategy within first 10 days The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel partners, endorsed by the executive sponsor Brad Hamilton, Vice President, Commercial. A press release will also be distributed to the marketplace as well as the various associations with which Toro is affiliated (e.g. GCSAA, STMA, NRPA, NIGP, etc.) This Press Release will be posted in the on-line Toro website media room and communicated via social media channels Additionally Toro University hosts monthly webcasts and other training events where the contract has and will continue to be discussed. ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days Since November 2007, we have been training and implementing this contract with our distributor and dealer partners. If we are awarded the City ofMesa contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide Power Point presentations to our distributors that are co - Requirements for National Cooperative Contract Page 8 of 32 Page 589 of 1360 authored by Toro and the National IPA. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor and answer questions. The Toro sales and marketing team will make sales calls with our channel partners and National IPA teams to our end users to discuss this contract and sign up new users. Our marketing department will create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors and will be used at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. We will continue to train our salesforce and engaging the resources we need to assure success of this contract. B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co -branded press release to trade publications A Press Release will be developed and released to the marketplace & industry associations Social Media - Toro FaceBook Page posting and Linkedln posting as well as a Twitter communication email Blast —National IPA list email BlastNIGP list email Blast incorporated into Grounds for Success eNewsletter (Onvia list to 18K) ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days This will be done through our Distributor Operating Bulletins. iii. Design, publication and distribution of co -branded marketing materials within first 90 days • National IPA logo would remain as apart of the National Ads in Government Sector publications • Print collateral pieces would be updated and released Requirements for National Cooperative Contract Page 9 of 32 Page 590 of 1360 • A Webinar will be conducted with Distributor partners as a part of the Sports Fields & Grounds (SFG) market training • Distributors will be hosting SFG open house events where the Contract will be a section of the presentations • Training Toro University both in person and on-line will take place iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier - specific trade shows, conferences and meetings throughout the term of the Master Agreement Toro plans to participate in various industry trade shows including NIGP & various local Chapter events (CAPPO, FAPPO, etc) as well as NAEP, etc. V. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. We have participated in this manner for the last nine years and will continue to do so. We also participate on a local level with many NIGP chapter events and National IPA summit conferences. Finally, Toro plans to attend the NAEP conference as well. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement We advertise both on-line and in print on an ongoing basis through many government trade publications and where appropriate they have the National IPA logo on them identifying the contract. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) Through our relationship with the NIGP we have provided case studies and developed White Papers with regards to cooperative purchasing on a national and local level. We also leverage government data using Onvia and Smart Procure systems. viii. Dedicated National IPA internet web -based homepage on Supplier website with: • National IPA standard logo; Requirements for National Cooperative Contract Page 10 of 32 Page 591 of 1360 • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA's website including the online registration page; • A dedicated toll free number and email address for National IPA • Torogov.com website would be updated to reflect new contract C. Describe how your company will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. Toro has acted in good faith to the National IPA in developing and growing the current Grounds Equipment contract. We have proven ourselves over the last nine years to add value to our customers. Our current contract has always been positioned as a tool for our customers to use to make procurement easier, reduce procurement costs, leverage pricing and reduce cycle time. In those states that currently do not have or have a limited state contract, we will position the City of Mesa/National IPA contract as a primary vehicle to local forms ofgovernment. In states that have a state contract, we will review the benefits of the City of Mesa/National IPA contract and let the customers make the value judgment. The growth of our current contract over the past nine years is proof of the value we add to our end users. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. We have provided and will continue to provide use of the Toro logo to the National IPA as long as each use of the logo is approved by Toro prior to publication and complies with our brand standards. E. Supplier is responsible for proactive direct sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier's sales initiatives should communicate: Requirements for National Cooperative Contract Page 11 of 32 Page 592 of 1360 i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract Toro acknowledges this requirement and will comply. F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts Toro and our distributors have a very comprehensive knowledge of the features, process and awareness of our current contract and through our training will have with the City ofMesa contract as well. This knowledge has been represented by the growth in sales across our distribution channel. Any changes to the contract, process or target customer will be communicated to our distributors and individual training arranged for those distributors that require it. F. Provide contact information for the person(s), who will be responsible for: i. Marketing ii. Sales Paula Sliefert Sr. Marketing Manager 952-887-7107 Paula. Slie&rILa),,toro. com Pete Whitacre District Sales Manager 952-887-7936 Peter. Whitacre�a),toro. com iii. Sales Support Joan Olson Administrative Assistant 952-887-8838 .roan. 01sonLci),toro. com iv. Financial Reporting Anthony Sacco Programs Administrator Requirements for National Cooperative Contract Page 12 of 32 Page 593 of 1360 952-887-7255 AnthonE. Sacco a),toro. com V. Contracts Jon Stodola Government Sales Manager 952-887-7937 Jon. Stodola a),toro. com H. Describe in detail how your company's national sales force is structured, including contact information for the highest -level executive in charge of the sales team. The Toro Company Rick Olson President & CEO Brad Hamilton Vice President, Commercial Division Brad reports to Rick Olson. Reporting to Brad are our directors of sales, marketing, technical operations, customer care and controller for Commercial Division. Brad can be reached at 952-887-8815 or brad.hamilton&toro.com Jim Heinze Director, Commercial Sales Jim reports to Brad and leads a team of Regional and District Sales Managers that have responsibility for growing sales in the United States and Canada. They are also responsible for goal setting with distributors, understanding distributor training and development needs, and implementing programs and contracts such as this. Jim can be reached at 952-887-8892 or iim.heinze&toro.com Distribution Most of our distributors are privately owned companies that are the connection from Toro to end use customer. The sales managers that report to the owners of these companies will manager a team of representatives responsible for selling and marketing Toro products. Every area of the United States has a representative assigned for sales coverage from one of our distributors. We have included a listing of these distributors and a contact list with this proposal. L Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. We will continue to proactively train our sales organization and target accounts that would benefit from this contract. This includes the development of sales literature updated with the new contract information and use of the National IPA logo on targeted pieces. We are always looking for ways to Requirements for National Cooperative Contract Page 13 of 32 Page 594 of 1360 engage the National IPA organization in our sales meetings. We look at National IPA as an extension of our sales team. We want to make sure they understand how we sell to end users so they can better position The Toro Company when making sales calls. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, etc. We communicate through our organization and our channel the best - demonstrated practices, success stories and updates to this contract. We overcome hurdles by demonstrating how other distributors are growing their business through the use of the contract and the use of the National IPA resources. This coordination and communication is part of what Jim Heinze's sales team is responsible for. As key contacts for the contract, Pete Whitacre and Paula Sliefert will interface with the City ofMesa and National IPA for regular contract review meetings and strategy meetings as we have been doing for over nine years. Through this ongoing communication as changes happen at Toro, such as acquiring a new company, we can make changes to the contract and how it is marketed. Realizing the need for consistent pricing across our distributors, Toro has created a National IPA pricing Program within our national quote system (iQuote). This assures that the correct pricing is applied to the quote, the equipment is ` it -up' correctly and pricing can be verified by our Programs Administration department. We have a process in place that will require our distributors to assign the National IPA agency number to their sales on this contract. This requires them to determine if the customer has already signed up as a participating agency or having them sign up prior to purchasing our products. This process requires time and support by our distributors but we have now built these processes into our daily routine. K. State the amount of your company's Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. As we are a publicly traded Company, this detailed information is considered confidential. However below is a representation of The Toro Company revenue for fiscal year 2016 by market and geographic location. Finally, we will commit to developing a list of customers to target for growth on this contract. Requirements for National Cooperative Contract Page 14 of 32 Page 595 of 1360 L. Describe your company's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. We use SAP as our mainframe through which our sales reporting function is housed. Our distributors electronically communicate all transactions to Toro through Connectivity by which we can collect sales data. We are also equipped to conduct Electronic Funds Transfer payments. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail your strategies under these options when responding to a solicitation. See attachment `Exceptions Taken' for detail. Requirements for National Cooperative Contract Page 16 of 32 Page 596 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT (the "Agreement") is made this day of 20 between National Intergovernmental Purchasing Alliance Company ("National IPA"), and (herein "Supplier"). RECITALS WHEREAS, the (herein "Principal Procurement Agency") has entered into a Master Agreement effective , Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (herein "Product"); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies; WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Requirements for National Cooperative Contract Page 17 of 32 Page 597 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier's response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier's obligation to provide appropriate insurance. 4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) shall not be obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) shall not be obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. TERM OF AGREEMENT 6. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of paragraphs 3, 4 and 5 hereof and the indemnifications afforded by the Supplier to National IPA herein and in the Master Agreement, to the extent such provision survive the term of the Master Agreement, shall survive the term of this Agreement. NATIONAL PROMOTION 7. National IPA and Supplier shall publicize and promote the availability of the Master Agreement's products and services to Public Agencies and such agencies' employees. Supplier's failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) Requirements for National Cooperative Contract Page 18 of 32 Page 598 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA's sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. 8. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website www.nationalipaor, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency's first sales order. 9. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. In addition, Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier and National IPA shall provide each respective party with its logo ("Logo") and the standard terms of use for its general use in marketing the Master Agreement. Both parties shall obtain written approval from the other party prior to use of such party's Logo. Notwithstanding, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. MONTHLY REPORTING & FEES 10. Supplier shall pay National IPA an administrative fee in the amount of % of the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). Supplier shall provide National IPA with an electronic accounting report, in Microsoft Excel, in the format prescribed by National IPA, on a monthly basis summarizing all Contract Sales for the applicable month. A sample of the Contract Sales reporting format is provided as Exhibit C, attached hereto and incorporated herein by reference. 11. Reports of Contract Sales for Principal Procurement Agency and Participating Public Agencies in each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Such reports shall be accompanied by an administrative fee payment in the amount indicated on the report as being due. Administrative fee payments are to be paid by the Supplier to National IPA via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a monthly report or payment of the administrative fees within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at National IPA's sole discretion. All administrative fees not paid when due shall bear interest at a rate equal to the lesser of 1 1/2% per month or the maximum rate permitted by law until paid in full. 12. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA's sole Requirements for National Cooperative Contract Page 19 of 32 Page 599 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE discretion, reserves the right to compare Participating Public Agency records with monthly reports submitted by Supplier for a period of four (4) years from the date National IPA receives such monthly report. National IPA may engage a third party to conduct an independent audit of Supplier's monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of administrative fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA's reasonable satisfaction, including payment of any administrative fees due and owing, together with interest thereon in accordance with Section 11, and reimbursement of National IPA's costs and expenses related to such audit. GENERAL PROVISIONS 13. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail. 14. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 15. This Agreement and National IPA's rights and obligations hereunder may be assigned at National IPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform National IPA's obligations hereunder. Supplier may not assign its obligations hereunder without the prior written consent of National IPA. 16. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. National Intergovernmental Purchasing Alliance Company National IPA Attn: President 2555 Meridian Blvd Suite 300 Franklin, TN 37067 B. Supplier 17. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Requirements for National Cooperative Contract Page 20 of 32 Page 600 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 18. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 19. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 20. This Agreement will be construed under and governed by the laws of the state of Delaware, excluding its conflicts of law provisions. Authorized Signature, Supplier Signature Name Title Date NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Ward H. Brown Name Chief Operating Officer Title Date Requirements for National Cooperative Contract Page 21 of 32 Page 601 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (the "Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company ("National IPA") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively the "National IPA Parties") by either registering on a National IPA Party website (such as www.nationali ah org), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products") to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. 3. That the cooperative use of Master Agreements and other group purchasing agreements shall be in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal, state or local law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. Requirements for National Cooperative Contract Page 22 of 32 Page 602 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE 5. That the Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, "Supplier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Parry. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 6. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a Procuring Party, and the Procuring Party shall hold non -procuring parry harmless from any liability that may arise from action or inaction of the Procuring Party. Without limiting the generality of the foregoing, the National IPA Parties make no representations or warranties regarding any Product, Master Agreement or GPO Contract, and shall have no liability for any act or omission by a Supplier or other party under a Master Agreement or GPO Contract. 8. This Agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 6, 7 and 8 hereof shall survive any such termination. 9.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Requirements for National Cooperative Contract Page 23 of 32 Page 603 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D - NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as Principal Procurement Agency for National IPA, NAME OF PPA agrees to pursue Master Agreements for Products as specified in the attached exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as of and on behalf of NAME OF PPA ("Principal Procurement Agency"), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National Intergovernmental Purchasing Alliance Company ("National IPA") pursuant to the terms of the Administrative Agreement by and between National IPA and the applicable supplier. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, Principal Procurement Agency Signature Name Title Date Requirements for National Cooperative Contract Page 24 of 32 Page 604 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report Supplier Name: Contract Sales Report Month: Contract ID: Participating Agency Name Address City State Participating Agency # Transaction {Assigned Contract Zip Code by National Date Sales for IPA and (Date of Month ($) provided to Sale) Supplier} Admin Fee % Admin Fee $ Report Totals Cumulative Contract Sales Requirements for National Cooperative Contract Page 25 of 32 Page 605 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.Lisa.gov/Agencies/State and Territories.shtml and https://www.Lisa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR Requirements for National Cooperative Contract Page 26 of 32 Page 606 of 1360 CITY OF SPRINGFIELD, OR ELMO, UT CITY OF ST. HELENS, OR ELSINORE, UT CITY OF ST. PAUL, OR ELWOOD, UT CITY OF SULPHUR, LA EMERY, UT CITY OF TIGARD, OR ENOCH, UT CITY OF TROUTDALE, OR ENTERPRISE, UT CITY OF TUALATIN, OR EPHRAIM, UT CITY OF WALKER, LA ESCALANTE, UT CITY OF WARRENTON, OR EUREKA, UT CITY OF WEST LINN, OR FAIRFIELD, UT CITY OF WILSONVILLE, OR FAIRVIEW, UT CITY OF WINSTON, OR FARMINGTON, UT CITY OF WOODBURN, OR FARR WEST, UT LEAGUE OF OREGON CITES FAYETTE, UT THE CITY OF HAPPY VALLEY OREGON FERRON, UT ALPINE, UT FIELDING, UT ALTA, UT FILLMORE, UT ALTAMONT, UT FOUNTAIN GREEN, UT ALTON, UT FRANCIS, UT AMALGA, UT FRUIT HEIGHTS, UT AMERICAN FORK CITY, UT GARDEN CITY, UT ANNABELLA,UT GARLAND,UT ANTIMONY, UT GENOLA, UT APPLE VALLEY, UT GLENDALE, UT AURORA, UT GLENWOOD, UT BALLARD,UT GOSHEN,UT BEAR RIVER CITY, UT GRANTSVILLE, UT BEAVER, UT GREEN RIVER, UT BICKNELL, UT GUNNISON, UT BIG WATER, UT HANKSVILLE, UT BLANDING, UT HARRISVILLE, UT BLUFFDALE, UT HATCH, UT BOULDER, UT HEBER CITY CORPORATION, UT CITY OF BOUNTIFUL, UT HELPER, UT BRIAN HEAD, UT HENEFER, UT BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT BRYCE CANYON CITY, UT HERRIMAN, UT CANNONVILLE, UT HIDEOUT, UT CASTLE DALE, UT HIGHLAND, UT CASTLE VALLEY, UT HILDALE, UT CITY OF CEDAR CITY, UT HINCKLEY, UT CEDAR FORT, UT HOLDEN, UT CITY OF CEDAR HILLS, UT HOLLADAY, UT CENTERFIELD, UT HONEYVILLE, UT CENTERVILLE CITY CORPORATION, UT HOOPER, UT CENTRAL VALLEY, UT HOWELL, UT CHARLESTON, UT HUNTINGTON, UT CIRCLEVILLE, UT HUNTSVILLE, UT CLARKSTON, UT CITY OF HURRICANE, UT CLAWSON, UT HYDE PARK, UT CLEARFIELD, UT HYRUM, UT CLEVELAND,UT INDEPENDENCE,UT CLINTON CITY CORPORATION, UT IVINS, UT COALVILLE, UT JOSEPH, UT CORINNE, UT JUNCTION, UT CORNISH, UT KAMAS, UT COTTONWOOD HEIGHTS, UT KANAB, UT DANIEL, UT KANARRAVILLE, UT DELTA, UT KANOSH, UT DEWEYVILLE, UT KAYSVILLE, UT DRAPER CITY, UT KINGSTON, UT DUCHESNE, UT KOOSHAREM, UT EAGLE MOUNTAIN, UT LAKETOWN, UT EAST CARBON, UT LA VERKIN, UT ELK RIDGE, UT LAYTON, UT Requirements for National Cooperative Contract Page 27 of 32 Page 607 of 1360 LEAMINGTON, UT RICHFIELD, UT LEEDS, UT RICHMOND, UT LEHI CITY CORPORATION, UT RIVERDALE, UT LEVAN, UT RIVER HEIGHTS, UT LEWISTON, UT RIVERTON CITY, UT LINDON, UT ROCKVILLE, UT LOA, UT ROCKY RIDGE, UT LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT LYMAN, UT ROY, UT LYNNDYL, UT RUSH VALLEY, UT MANILA, UT CITY OF ST. GEORGE, UT MANTI, UT SALEM, UT MANTUA, UT SALINA, UT MAPLETON, UT SALT LAKE CITY CORPORATION, UT MARRIOTT-SLATERVILLE, UT SANDY, UT MARYSVALE, UT SANTA CLARA, UT MAYFIELD, UT SANTAQUIN, UT MEADOW, UT SARATOGA SPRINGS, UT MENDON, UT SCIPIO, UT MIDVALE CITY INC., UT SCOFIELD, UT MIDWAY, UT SIGURD, UT MILFORD, UT SMITHFIELD, UT MILLVILLE, UT SNOWVILLE, UT MINERSVILLE, UT CITY OF SOUTH JORDAN, UT MOAB,UT SOUTH OGDEN, UT MONA, UT CITY OF SOUTH SALT LAKE, UT MONROE,UT SOUTH WEBER,UT CITY OF MONTICELLO, UT SPANISH FORK, UT MORGAN, UT SPRING CITY, UT MORONI, UT SPRINGDALE, UT MOUNT PLEASANT, UT SPRINGVILLE, UT MURRAY CITY CORPORATION, UT STERLING, UT MYTON, UT STOCKTON, UT NAPLES, UT SUNNYSIDE, UT NEPHI, UT SUNSET CITY CORP, UT NEW HARMONY, UT SYRACUSE, UT NEWTON, UT TABIONA, UT NIBLEY, UT CITY OF TAYLORSVILLE, UT NORTH LOGAN, UT TOOELE CITY CORPORATION, UT NORTH OGDEN, UT TOQUERVILLE, UT NORTH SALT LAKE CITY, UT TORREY, UT OAK CITY, UT TREMONTON CITY, UT OAKLEY, UT TRENTON, UT OGDEN CITY CORPORATION, UT TROPIC, UT OPHIR, UT UINTAH, UT ORANGEVILLE, UT VERNAL CITY, UT ORDERVILLE, UT VERNON, UT OREM, UT VINEYARD, UT PANGUITCH, UT VIRGIN, UT PARADISE, UT WALES, UT PARAGONAH, UT WALLSBURG, UT PARK CITY, UT WASHINGTON CITY, UT PAROWAN, UT WASHINGTON TERRACE, UT PAYSON, UT WELLINGTON, UT PERRY, UT WELLSVILLE, UT PLAIN CITY, UT WENDOVER, UT PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT PLEASANT VIEW, UT WEST HAVEN, UT PLYMOUTH, UT WEST JORDAN, UT PORTAGE, UT WEST POINT, UT PRICE, UT WEST VALLEY CITY, UT PROVIDENCE, UT WILLARD, UT PROVO, UT WOODLAND HILLS, UT RANDOLPH, UT WOODRUFF, UT REDMOND, UT WOODS CROSS, UT Requirements for National Cooperative Contract Page 28 of 32 Page 608 of 1360 COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF'S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT Requirements for National Cooperative Contract Page 29 of 32 Page 609 of 1360 HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT - DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI -COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND -LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO. 1013 FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO. IJ MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO. 101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX -TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT Requirements for National Cooperative Contract Page 30 of 32 Page 610 of 1360 ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT IJ SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPESCHOOL,UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT MUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT Requirements for National Cooperative Contract Page 31 of 32 Page 611 of 1360 TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII -HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON -GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 32 of 32 Page 612 of 1360 TAB 3 - Program Description AND Method of Approach. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Mesa and the national program. Clearly define the services/materials offered and Respondent's method of approach to including, but not limited, to the following criteria: 1. Distribution Network a. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. Toro has 22 commercial distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor (LCE), irrigation and Siteworks System (SWS), and BOSS snow products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ, North Las Vegas, NV, and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Commercial Distributor List See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts. c. Provide the number, size and location of your firm's manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. All of Toro's Commercial products are manufactured in Tomah, WI and shipped from our warehouse in Tomah to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro Commercial channel has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. d. Describe your delivery commitment. What are your standard delivery days? Identify and describe any exceptions. Typically equipment is setup and delivered to customer's designated delivery location 2 — 30 business days after receipt of the purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer's PO are honored. If for some reason a deadline cannot be met, the salesperson will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (See copy attached). The customer retains a copy along with a binder including operator and parts City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 613 of 1360 manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesperson. e. Identify the supplier(s) and their business location(s) that will service the City of Mesa's account. Simpson Norton Corporation has been a distributor for Toro equipment in Arizona since 1957. Their business is located in Goodyear, Arizona. There are four in -field technicians that cover the Phoenix metro area, including the City of Mesa. There is a complete service shop with four bays located at the corporate office in Goodyear. Shelly Spencer— Sports Fields and Grounds Manager for Simpson Norton Corporation. Shelly will be the main contact person for the City of Mesa. Shelly is responsible for all contracts offered by the Simpson Norton Corporation. She processes all orders and purchase orders. Fred Balzarini-Territory Manager is the salesman for the City of Mesa. Fred will provide the City of Mesa with equipment recommendations, quotes and training on new equipment. In -Field service technicians will be dispatched as needed for any service/warranty needs. f. Describe your dealer network and their role in providing products, services, etc. under the contract. Toro has twelve global manufacturing locations, seven of which are located in the United States; Minnesota, Wisconsin, Texas, Nebraska, Florida & California. Our products are shipped to our 22 Commercial distributors and hundreds of dealers through which products and services are provided for customers. See Distributor List for locations. 2. Reporting. Describe Respondent's reporting capabilities at the national level and Agency level. Provide sample standard reports. SAMPLE MONTHLY SALES REPORT TO NATIONAL IPA National IPA Sales For the Month of XX we require this Toro dealer/distributor name Agency Name umber f om our dealers/distributors Invoice date Purchase amount fee paid to National IPA City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 614 of 1360 SAMPLE OF TORO SALES REPORT BY CUSTOMER Example Report of City of Mesa Spend Dist ID Ship to Custome FY Invoice Dat Invoice Number Material / Description Retail Qty Price 420 CITY OF MESA 2015 05/11/2015 1465124-00 03710 - 27" HD 8 BLD DPA CU 5 15,745 420 CITY OF MESA 2015 05/11/2015 1465124-00 03780A - `OBS` REELMASTER 7000-D [T41F, US] 1 48,999 420 CITY OF MESA 2015 05/11/2015 1465124-00 30552 - UNIVERSAL SUNSHADE -RED 1 565 � 420 CITY OF MESA wm. 2015 05/11/2015 1465124-00 03716 - 27" HD VERTICUTTER CU 5 10,495 420 CITY OF MESA 2015 07/15/2015 1468331-00 41211 - ELECTRIC HOSE REEL KIT- MP1750 1 2,217 420 CITY OF MESA 2015 07/15/2015 1468331-00 30358 - BIMINI CANVAS SUNSHADE 2 324 420 CITY OF MESA 2015 Total 15 78,345 3. Product Requirements. a. Provide a detailed written response illustrating how the equipment, accessories, parts, supplies and related services offered will meet the requirements of this solicitation for the City of Mesa and the national program. Offerors shall identify and describe the proposed product lines that meet the specifications located in the Product Requirements section of this solicitation (Section 4 of the Scope of Work). Toro offers a full line of mowing equipment from 21 "rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero turn mowers, four wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field and general grounds maintenance. See attached brochures. • SPORTS FIELDS AND GROUNDS EQUIPMENT Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. • GOLF COURSE MAINTENANCE EQUIPMENT Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. • RELATED EQUIPMENT PARTS Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. • USED EQUIPMENT Each of our distributors provide access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 615 of 1360 • BALANCE OF LINE We are also including our Golf Irrigation, Residential Commercial Irrigation, Landscape Contractor, Site Works Systems, and BOSS equipment lines with our proposal. b. Specify locations and availability of replacement parts, and state the maximum time required to provide and install replacement parts. Also state the estimated dollar value of your parts inventory. Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ, North Las Vegas, NV, and Albuquerque, NM. Due to the stocking level at our distributors and our logistics systems in place, we have achieved a 98% average same day parts fulfillment rate nationally. As for repairs, each instance will differ in the scope of work but a timeframe will be agreed on with the customer for repair and return of product to the customer. c. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. Toro's standard Commercial Products Warranty states that "Your Toro Commercial product will be free from defects in materials or workmanship for two years or 1500 operational hours, whichever occurs first. Where a warrantable condition exists, we will repair the Product at no cost to you including diagnosis, labor, parts and transportation." Our standard Commercial Parts Warranty states 'your Toro Commercial Part to be free from defects in material or workmanship for ninety days, 1 year for complete engines. " You can also purchase additional protection for your products through Toro Protection Plus (TPP). These are optional programs designed to provide you with budget protection and security after the initial 2 year warranty period. You can elect the Drive Train Protection or the Comprehensive Protection., Drive Train Protection: This program covers the engine, transmission/transaxle including; hydrostatic pumps, valves and motors; drive axles/drive assemblies including; all parts contained in the drive axle, PTO housing, 4 -wheel drive assemblies, hydraulic drive pumps, valves, steel lines and motors within the frame. Comprehensive Protection: This program covers all operational parts and assemblies for your mower, vehicle or other machinery against mechanical breakdown. The items not covered are; normal maintenance items, tune-ups, tires, batteries, blades, belts and hoses. Used Equipment Qualified used equipment can be covered with Toro Protection Plus Pre -owned. See Warranty documents as follows: City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 616 of 1360 Toro General Commercial Product Warranty 3 A Two year i.II;,mwj Warranty Conditions and Products, Covoimd . NorqwO ow", (&imton, NoMir and low, and dow"WAlfkaw, Thp. Tort,'v (,4wrparvy and ft I Toro Wharranty QI,',Irrvpaqvy, prowwwr to an 89a Oemor d 1*1"Veeft rhern, toxn#y warrani your, toro Cwwwmeo r,,,)W KX00,110 VIPIPCOrXI(II 101 0 ftOM ftfw,35 011 iawWudorGaNn ew It'% rwo Wears w 15DO oporaM)naf horx*'' 041khover 0um rVO, Thl wafrany vs to ON PrIwUO3 WWI tho ou"dept5on Or Aorwowirs (refef to sorparawo warluvVy WxWirrioras for Who". prokfur,14�1. 'Of te a warrarooW, randMon ex4o, we wN Popov the piroda(A 81 no c"Osl loyew d'nrlwionq dwqntp'AxIP, InW, piing, serIl Varafw,Won Uviii, warrainly b"$rrs owe the dift the Pnxkwt vs dWWOf0d Iro the orr(qtnW rMW Irmeawow— " Prcxtucl equIJI;4W w1h an Nogo rmow, You aro responwho rcrr mWitywinj Vie Corn"rauic'mr Pradix.,l)s ENMr6fAw air AuthI Cwumiewiriroll Prodiveft D"alle; rrwrn whorn ycrio purchametl ft PtOdtl'13 AS $1101(9r osy(w tw6vwe ®rwaaars4tAir, IxImMkIn exivhk Pr p,)u nr'ed hetp kwalJoy a C4.1owme4c4ai 11 Prudimos DrArdwrim orhiArwized DeWar, 4rr 4 ymb Nrwe (ttesbom rI*NfafTnig your warywidy righbr, to rasa purn I1)Jftn%,, IdW mroy cu ntacl us at Tool COI Prnduckis Sen(" Daswi Vrowit Too INSIlarAy con4uny I I I Ly"4ikk, Aveeirge Suoh Mix,wrI09tan, Wt 554 N)- 11 N Y62,4MUV-,8s1)1 cc OIKIO-954-2740 Losaw, ks the Flynducp ownot VOIA aire ro,%neswe fix riotfaved rwj[numaric,* aw adius,lrneftM SNOOd h your I kftnvi[Or FaIljare, ur peOrrinir rw**ad OM No"U%wrowfl can The grounds for 0610110'NOrg a wamroly chraInr' Itoms and, Conditions Not Covered Not eVk prudiisrl faiares or nnaMunefix"I"M than alicil."Ao duhtV #h1p, wwwAy Parma am dere(A dao "ratervals or mmkmItordl Op thim,warranty, door nrA mwer "w WhIrwirng; . I NOvros which vesulfb fetAni, kho u%e tjil morn- roto r0100rwnwwfl parw, 11v fri"wrl Irlso'AINOWAwe wsd ww of add-on, of rnrsdiffived nors, Toro bit,wnded aomaw oes and pfoducls A serpafWo rwairronry PI I pwodad p4 Oto rh'16414 OO'ClAyfor CA 1how ftoyaoa . IN00111IO fimikoe's 6NM reual 601n 4*41101 OV Ur WNrf'IXITr IMAIMAWROKS 0111IVIX MAJv%wients FoArre to pfopeAy ine6ritah yug li,xv pnicAuct jw dhe RownniondW NAW nsonim nre, 11sled h Ow ny"wrahm"A hfarm"W can result al OnAms rOqwilivirantV Ibaodd dalad ml, . PvoifuO fisguires YOuch r"Al frorn oporavog Ow Produc,'t kr,k an 40jusItya, irralphipont, (x teckIless rrianner, Parft,%44091 W CXMIKMVN6 n OrTmIgh ase vm1was kxowd Vil dw d#fwAfrVo Exampies 0 parts wh6ch zVO COnsurnedr aq used up, JurIng n6arnW1 I r4waWm mrlodo, bRA we noil himidaidla, brake pods arld rnInq& vljoroh HnInjps, kAwlel, rwm" rollrwrr and teirwym," (somlo of wreaffiratrle) bed knov", I paugs, cass"m hhes an'd roter's, IkadW 's, And oex'wn spokyor c.,onpurtords siIii0p as nozzles No chock wgwea, atc fWfh'IrO"mq Caused bV irmliside hA'Uf49rrI:'O' condpOons roroldered w bock, I.WRT3,19JO OrA41MIco OWUllo, but aro Prra 14041011 to, woollror, tRwlr,�'�a pracbres, cArrOarnine"ve, us@ at unsWrKvww.W fuefs, ocKAW9, lutrocants, mikhOws, fwrDfizers, wftr, to chemicals, W Fa4hoo or OsirI Isso" due W ffie use al looks poi g 9awAtse, jiosja4 or twkxbea(yl) *Rkl do I wnfrwyn W dlhnurrm tesbrfmchla� Org,$wI smindarrls NoinwO 'wear vwd twm' Mdodo%, t do r1rA ftfT4W41 to, darnage w qo*s duo W wwar Or abriv,40a, wfwn pokifed swfhlcesw wr".VivwAied dow.&IS ou warn dr,rows Ok", prwtsu,'ihI Tar ireyraittreireir" as roqpArerl svv wi"Vanwe kx Whe rmorcrd & NAjaie up lo Ow schoduked foplacernited djjxrw drat sh," rAw, PNIN rolIplamd unrkot ffft wwrinfly wo ("Y'Vvwod kv fho rhorMil'of of Uua asr9ffmar pfirmirmt wafordy and becAmne dw prufjmrly of Tima Toro MIN rnake MR 4411M I*CtnPiDn whother hrp repawr wny exifshng pan iuir asse"dily I rRIPJAKAf d, tree may use romanutairturw paws for wafirtnty repaws, III C�yclo and L101 flum-toors Battery Warranty,, DOOP r,Vrle gwu'd Llh'Im Von Oaftenes Novo as spiorulriod UAW rwnbeu W kdow'wa hows they CWk dja4vop rlunajg Viek Iffetfaw Opt"WAng, redlumirvOig, Krid "larkintalmalw* 1*01inkpiat can evilmd rw reduiry fiI haffiny I As the battlenes an thrr, pmduicl wria orrTmurned, the arnmovk 0 u5afit( wore bohNeen, OwargOng u'Muweollw MIR skwy Oorrew Umill, VI Ve INNmnly r6' conlIpIotey uNorn oW ReWAfwv,4j'nfrn1 10 worn out b0lehf,w" due I* rw'"mW r"mumption, is 0,14 4'0r'7p'KrnvRxwrY CO the po"Ouo owmef BNefy IOVAawment vyray he reg;40ted dia'Inij I ngamm'[ pw4hArAwanargy pKqflod or ow ne'v's fjqwinso NoW, (Uthivrn-km baftoy wVy)r A LONIuni4on Wavv Ionian a pwrt wiRy prwvWd wananty topkuning year 3 throoph year 5 Ib ed on whe tom, In mr"� v and kdowiM I wW RON,? 41 flut ()krerwofs &rMVUW NO Maintenance Is at Ownor's Expense Engko tunwurp, k0prkgttworUafung and Irg*sKop, rrooxa W rnamwl 0 R11 hats, cooWnt and cwnph'nfing toournmy"wdoid rrviounwanc)a oto srowne (d the mytirrW myrocres Tura prwiUcU irwdiaimwh Iftal are aft Ow owneri expense General Conditions Reparr tj, ain AgaftwuO Tarn DreAntrAw w ICyealef as yout sirRe refriody xoilor Ons waruforr, Nonhop 1ho Toro Company not Toto Warranty Cofnipany ilio HoWs 6Dr Indlimol, In4deftral or 00"IseqU100604 darn ro rommoclian w0lhthe uile of the TOP* PIP04luct"s rrovere'd by this wsrrwntyhu"JuOng any toot of expen," of proOOng subsIllule equk4smont or soirv$ce duiri"g reasonablop pork)ofs *# maKniclJoni ot' non a1490 Pwi 1141149 COMPWOots of ropairs under this wastainty, acoria for "re tirriksatons warranty roleireaced below, It spp#csbW,, thero Is no, othos aqwesio Warranty, AN imoWrl warrairwfies of morchanlabMAy and Rtnoss for oro aim O"Olodl to Ow durallooi of 110% oxioros Is warrainty, S I ome MASS JO not alk"Viow OxfAuslom of hcJdov*W nor cpm%wrs*4WW darnaqvo)% or EirnAWKIns m hilmw kv'Rg "n irmboom,b arsirwanIfy I No the above speck0c; lepk I I you sney afto hilhe WIN" dghN wtfdch wwy from 60,10 10 Vale Note regarding angina warrarI Pro ErrftWons QwOnA SyMani anon yaw PmMM may tw wmwd by a sefwarMe wanwily rnotehng fogumnerAls astrmflMrshod by Me U S, 11 n,vrrw,,n[rrwnWPqrilkwcljon Ageowy pEJAA) androw, php Cafirmnia M ReIwiw(vi Bwwrl (CARB) The krur HoWn brxros W kAh above do torfA apshy N) tho EVYWASIAmis 01")RIArr'A SyOewn WanaWy, Refor to the Enjpne I r0svon Cojffln)d 101mranty Slatemirrl sjuppWilwah ymn prcdmi, air cwtinamd biry "I we onping mmufactwer's dacwrenWbon bDT defols cluslomors I'Volo havor pqxro'hased Tom Prr,%I owprre1*4 rwn Vre LhAwd 504fts rx Canada shnot'd C"A)0400 Vwwr Trxc it Iib (Ir)airimew) I)o rstRalirr gpjlaranlfoe pXftimes ror yore counlry, perwrIwIe, of staiw ff for any r ossm yvrrx we disw4fied wilb wya uir NwAhurm's w"Ar"'o of have ddficufty 0100,M11P9 aryaramov Noufmairion, arnlao 1he parol f Uagxpftw 374-0253 Row C City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 617 of 1360 'TORO PROTEC."'FION PLUS COMMERCIAL EQUIPMENT PiAN rr,JloE k6 "v's k, 6,M,f V r A 11 x(411 FM k Nq 011 N FU ' T, 11 A,4 11 , 114 L 114 II a u11 rn, N1101 IN If W, '0+ 4 A Jv"�(�,f;,� (, r ,,,wU"4 f"11%, RAW, ('0EK 11m Plan vi Tww An 4kslorarwiv pc4iwy, It 6 an "AgmCniwva hwtvva%c,.,n yoki, f1w, Cwoonw, amf 1hV 1`kmrtw Company ar orw of'IN whu�,Iy o" wd wvr affifiaww 14y avceptanoc k,4 flIww Nan, (`ugwrvwir undt,,rswnAJr,, 0wiv arc dioino ruyvw., r- agics, karr1% afta om(hilwm and 111w owwragc rs kyr R'Wro prodtwls' wrpurnrwwld, and w,A 5401PCO h) 3p$"IYV911 4414 wovpwikc by 0)NIVREHENSIVE PROTECTION ALL OPERATIONAL PAWIS, CON1111t)NENTS, ASSUMBLIKS OF THE MACIIINE INDICATED ABOV', irwIlluding,k"Pro nhullafactured opuong, wxvbwkkn�. aind attawhmow's nok rt'quirmg imllependvii Plas coverage piawhawd vvuwh bund hw1Iu(kxJ m ft: Fqiwtpmonm Vhcr, 11iukvafcd sh(Nvc ''"I d"kjw (,Wy w dwsv CNVIUSkyns wolvdwin khe back offlm Now TIRANSPORTATION DENITIT V Cuokylacr wj,wmr�, WAnfpoiruakm F"',krwows thw w lfw tTrcakcWwn of a covered wrnpononk, dw Han wiH pay kip us W f6r knobde xL-rvice niw $0,50/mlte (H)(9) rriflk lnnk) fwsn pilck ujp&4iivany pti mjpah. If' soi;h vharpcs cximckp 0kc twrwM limit, Ckko("Inor %V41 brr�°uprannwrtnikw° f6r VwaOng wy cxmwk Rcrwfik Rates airc submt w clhairlg,cphuvw cryw6uh You ttmwtrrtsarnuwa ("t IkMcr 6kr cw1rew naws f6wmid ru 0tc Tortt Warranly Poky wkld $Inxc,�Vdarc Maniwd DRIVETRAIN PROTEC1130N VNGINVi AH jjww (,cmtairwd w0brn khiv vnginc 14utwwk, vyhvxkcir hvad, 4rwnkcwo w Kw inwor houvng1Gkmw, w,ngmv bkwk, cybn&t head, crarflkcasw m maki�," how,,hq'; &danaged by flic VaLichairrmtf Noalkdowia of' a covemd nooirud park, NfANUAI, OR HYDROSTATIC TRANSMISSION OR '11(RANSAXLKf AH prams woiraviincd walk the or muvwxle iiwdw traosrnison m Ilmnsasdw Cal SC d 41wnagrd by Alec brzakdown of, a coveired wYacmaf parc hydn)"oakrc, 4"Ir hyd.rauh(. rnwspw,, vaNeA and tkwaoo, DRIVE +1XL1 WDRINT ASSEMBJJES. AH parts conikiincx] w4hn dir d6w dxtc Kwsusingw wuJ 4 wh*d d6ve awmhhcs„ khw drrvc' wde lwv[,arng if damagod by k1w, mcdwskud hs'ca1kdxmn ofio covo'cd njfarnuah paxs� hydralubc d6yw jwlrnps, wakcs, su,0 Urk(m "'In'd t1uww,(, Y,,Wch ary auAO[wd t�'J, d ratols Worpo" t"If aw mlwW�w, TUANS)"(WTATION 16EAE11T° If Cusnmner wcuo, Expenses due up the nkKIwinwal tares kdawn sad vovortJ omqwncia, rtbv Man widt pay up to $77 f6k wwybdc *"vicc m 030/PrOv,! 1, W00 milk hni�w,r tbr jpwkopsdchvrry pirr rcPailK, ff wx-h w;Iuavcs Cwvcd ffic ht.,ndh hpnrr, Custolmo will be lrcipwnnnwwrt46an for pq0q; awp w,,Xxcss, 13cirwokil Ymv� arr xulItecl %� Oiwng�-11)Wst corwuh Your D�,,aiHbrwx kvr []Nmdwr fiw vtllffeM, U,'"tS ft)USA, iM qN' TOM WOMMIN KkWy 111W Nnor"dkoc TORO 11NOTECTION PLUS, 11 „ 0, Box 15 163 4, I'Vift'vi'al, WS, "24.5, Custarwr Svrvlev. tVjggkLL0 qua w °dp r1 Ctalrsw Inquiries: 8001.976 -TORO n8(9)1.9176-8676) A',f% 211)00 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 618 of 1360 BREAKDOWN CON'TKAGEI: line two ("notpiffly a ossa ild ill w4wiAy ommA rww m satins oir affil"JI42 ("TWO) tplat 0 unmit, moloct writiflibulge Cummer for rammilifit cam to wopift rx rtpke# zW lI pil cAmpen ua ov Alumbby of dw covered mad"ire d rewidid dw tr,� 11 bffvlklkwm, A�mrt aidy tig flwf, txdwim ims*d W10%, Of"AAMP'n is Mkod so do sudden x UWAH"mm fAI NO IN; doro=V4 pwt I W awmffibb,✓', M, "ISAW viodmanhip at a Fort, vemmgsh cOxitdtffiwd loth* mmach"Afia ft NVW at g#pWoman d men4poo im: jww4vdizj Ube% swats, u4ing To* prris d Ue kadtdi 1W quabor, oftch Oily 1'"Cludo 1114'roved Wymod 7,64f gemxtd,44m,04 pulz ldwi inorgrAtatil 0 lVailout, U, "fit ItH Wrim d d Plat" b*hvm [him an dig hav d diOlArA, dviough ftTota rvivientypWodf ug OU vindefMa '71, ri, ',,V sister laaiu004 to d* No% cif tal Kilit TN PlAn I W#W MIUM 11W TWO WS01MY 044, Whebw U to Imut il mm mmjpvmj% of timo Toga rftor" lass 62b: II'lit ressup ft end don al' dw RAW1 cty"'rap "ll d uWortft thii TiNo nvam"Ty ammaba Filro W mt rOw"'r 0 VM 0 UNAT (UkRIUTY � cam, ask pfooddod LTY bg plim"Lis %*(sct To M* WOMA"; 11nitr prkt, ex U5,000, ytli idl is W", (17STIONK, R RESPONMMUrIES - 41 al fil kk*f fto flan in forve thil in W%, It* cavoilid lopimm" fmar W iw',A,c#d *I I 1xMintoW by T", If Ctwemo,a poffoduft min MIN11mvilirt, 11 'nCkton rel d senke mum bo manximid, OW's 7,49% fuls'pt dpi dwito id turbami of makamuzo pivitz, lahkou wid'ev oismish In VN 0%lot do dilliv WvWvaq V0%k,0Wqi Pack Wi4 If roqw%04, s copyeof dio I rit,,,ofid oxW pommom lt#okp" moix N flmftsd lio Toro. Thp moired mv%,kAtg ifid bove F, Wewxt of 50 Wiffit i'W' dwin aischmosm 4q4"Wdv,4dw mix bow VA mr EN THE EVLN7 OVA BREAKDONINN, (V,1,U'0)0RNWS7- U" lot t4swimbW flo'st" tapivitim dmo s4wipmem (ton Nato ftw 101's-1 2 C �MIK% yam roomft, bagr for mWoux0i Y a ot mmttdahy 4 'd tem dg4U$d c 004 O#C N%mJff, LV", at 0II& IWAIM W fW#WWKW6V P WW"V 40111*4 P*M 406 0 0004fiS, EXCLESIONS - Or"TRAGI SHALLNOT APPLV : ro, IMIPWI W d auarmw mato Of I I Put if th astskilvvm, Pif ddiNdix I Im arm mr.mod '2 For, iii bsok4ova ;,sws,d tI ftc, dad, vouldiom, 6", ri U1196% Venh;Ud"t, VA0400m, blit, 'A"Imm, fted, vaw ,WdGod For Wablipy amt' donate to pwopirty, iw ir;tvy Kiinvi am of ism Girevalieft, Ukliniximme w law rd am caverld "UpReviR. f. Fiff brekk4yonmundo by rAmoderto mioun, gams, rmj0jj"%*, W,,'k d WIMI d U f640k of W WMWWWA, Of 6A UM LN * tD, VICUICT ICU r.rware-ad *qrim bm ftrfW, ftinimp vlva s, hokdamn timi ot'naT44, 1,. V13mmFor WIhuh II, for do, "pairin't Xuutwsv, a if Toro W aminxiced rowervotdivy tea: 1r pi a jwr recith and or IrWairtiude4m 6, For I rwmAinj fran ift fidwe to masgain pqm Web a k"c'moz lad'orl"DANtL FrAr IOU of WM, aW #, axor"Psi pro m; I oar oU%VtqM%4 9 Wit, 1; F" domar to a c0flived put tol tadw h"W'dint of Mutt of a 1Wx%*og"*4 Pal Of toompol"o 91 FQf UV bViWkINI WCUMN3111400 dW WAX 9rtj,4K ij inWj192jY`V or if ift, hoix Infift tallgow Loapwodwiib W g"96,44 ii) F W amy h 04"40"m csvwd by lvftimmsaxi'm an tolmii ciolon of ftW, todaw ar I utit K wit Vi % igg 11W AP to, RAfts fW oft WIM, rim OU fta ftooloq or ov"hilaing I I �Fa also cato of Yxis wid in tistm dim to kho namid " iiamm m wilaurre afeawANd m The mandatomic in'inn fe I insumo ma fur tho' equigminf, at, rot il, tai'l of 911i 4 smainarwite 12, Fm da, irra" of m1wimrarxturvict ircludro", hx not kimilud ear MMM a". ,n 1,*U=ftt2, 1f%98Cdnff11 Of @%#MVINifflild d% 11030 ptnow of irgreAlIAS Warximl podrmmxt, Slim, iWat ptql, gj*& p4witimi, 0oorouls, misinual, diuchfixals, fVWNtilic off nkha pwshow,4 byidtillogil: two%, rare b4al, uden Aeritived ki cmmAim with Rlh* toper 4 1 fig"1104 pot k ir 0 fthwo sylow povk tMA"atom a, 'tin 'A'V Timm and dnwtt, tal, k sdid wlssyh iewns4c, drat, wed towrt, WX mil baladvit, allaniud r.orsmill Agoomes (,1,H!t6d a Ekciac %yagm Bittiffin riat wcbdem, bwery I Oil fmzig plop Wa6s, amunul dsman, 01 Al filrdo'k U%Un rWp*@,d w '".00mcgon "wob durevs id a C Wme'd Pit", km, Im neigh mem, dttet vietil minamazaaart, mddl paoili, #mo LED&LICDs, t=Vl imaok thm, mts ororemwa a, ar fdxft� w1alt mpsid in COW*4 ilotivids IN il"4,1 of I pm 0 For ib* oxm d'puto duj*ng eqtiplimort malm,. rAr mast aM txAd 16, 7 rawl or manwwaftill Cam ex I abe Mon beft4i TRANSFER FRMISION: co%ware OWYN usnOttrod r* avy ms^n ovoof %A%Wwdomo, mw alas Kim opvco, stft�*a to q'slialom appo"ria W f or S30 rits ch"gipas ov"'Wi4imp of on q4%m Ux m ula Wi fqmiv d to M R C) PR I C TIC N PLUS Aftirm iav m wi t� 4 5, 144 1 d onam dW "N(TL,LNTK)N PRIDNIS110N. 7, 1% 1 01 an a% IF b@ cam tZ @,d by the C UUM i4m, # "ins, ""Tines rAIMU's Ul ft rina DiW, AWA,Df ars ¢, nJ,Jwj ift, CMlkCdt=,) gi e kal kv pff Ich vt It"I doo oviou of WK401kan" dot &%ftbaox V411 vomid d"be trgol P10% wkw clkagnt4 mew is Pm-Ritm wedwid r4ecetil rN, dai fince, ion wyyplix rAmiz as A rn kwoolot, sovico rhole ?4 U0 OV401cho'm Tt rowroe), !WOO 00pomist rxdihNod �yliw, Pso ftyn% flocio rxi, eai fro% thol Toro Vlovuv�,, stut Do* liw.soil z fb* ffml a fts 000 "du WiKitivit cowdlonon *40, doolon"W 00 dil Plan tavo loeftl flooKod ftau#u is 10rAft W,4 I did'oukto 0V I opsiv, vex o4gw ag No allot waaw, aa rosic fewTvit'lthe view, to f0a 1 10 61 MA loo vanden the stous UrAki dis Not to thffiN t @n*1 Rm if D MD !a City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 619 of 1360 d. Describe in your offering if you currently have or are in the process of developing Hybrid and/or all Electric equipment. Alternative Fuels A number of years ago, The Toro Company saw the need to evaluate and approve the use of biodiesel fuels in our products. We conducted an extensive, multi-year test program to approve the use of biodiesel fuels. As a result of the testing, all Toro diesel products are approved for the use of B20 fuels. We made the necessary changes to the machines that allow the use of that mix. We are willing to work with specific customers and allow the use of B100 fuel is special situations. The machines will function well on B100 fuel but some caution must be taken. Cold temperatures can cause the fuel to jell. It is also necessary to change fuel filters on a more regular basis. We would be happy to work with you to use B100 fuel successfully. Propane is another choice that we offer on a few products. Properly designed propane powered products can be a good choice. We have engineered the products to have the correct engines and fuel systems so that they perform up to customer expectations. Propane requires convenient access to a fuel supply. It is also a less dense fuel that is typically stored in cylindrical tanks. The product range is somewhat less than an equivalent gasoline powered machine. Propane powered machines also tend to struggle a bit in cold temperatures because it is necessary for the fuel to vaporize. If the customer has a readily available supply of fuel and the site and use practice allow, propane can be a lower cost and lower carbon impact choice. With the full implementation of the Tier 4 final EPA emission requirements, all of our products are in full compliance with the applicable rules. These products work very well and have lower emissions and somewhat improved fuel economy. Fuel Efficiency One of the ways to reduce the impact of the product is to improve the fuel efficiency, essentially increase the "mileage" of the product. We have done some extensive studies on how fuel is used and have identified some improvements that we have implemented. We have implemented a technology that we call SmartCoolTM. It more actively decides when it is necessary to run the cooling system on the machine. This reduces fuel consumption in two ways. One, it does not waste energy to run the fan when it is not required. Secondly, it allows the machines systems to run at optimum temperature again assuring fuel is not wasted. This technology can save up to xx% We have also implemented a technology that we call SmartPowerTM. In order to make sure that a product meets customer expectation, it is necessary to make sure that the machine has more power than needed in all conditions. As a result of extensive studies of machine usage, we found that the peak power demand were very short duration and were only in special situations. These peaks caused us to put a larger than necessary engine on the machine resulting more fuel consumption. SmartPowerTm actively manages the power demand by monitoring the inputs from the operator and clipping the demands by not allowing the machine to exceed it capabilities. This allows us to utilize a smaller, more fuel efficient engine. Machine performance on machines with SmartPowerTM is equivalent to machines that do not have the technology with lower fuel consumption. This feature allows an inexperienced operator to be more productive than a seasoned veteran. The new GM590015910 that was just made available to the market delivers improved horsepower efficiency through innovations to the hydraulic systems, the electric cooling system and cutting system improvements, which reduces power usage. Because of these innovations, we have a demonstrated up to a 30% improvement in fuel consumption. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 620 of 1360 Hybrid Electric We see a lot of opportunity to use hybrid electric technology to improve the fuel efficiency of our products. Hybrid electric is beneficial when the peak power requirements are substantially larger than the average power. We have two products that are currently available. One Triflex Greensmower and a fairway mower known as the 5010H. Both products are true hybrids that have engines that charge batteries and power the implements with electric drives. The electric drives are designed for this application to be substantially more efficient than the drives that they replace. We have implanted a creative technology that we call PowerMatch where the hybrid power system decides if the energy required to accomplish the task comes from the engine or the batteries. The net result is 20% fuel savings. Hybrid technology has potential applications to other products in our portfolio that are currently in development. All Electric Products We have been looking at all electric products for many years. Toro holds some of the original patents on electric mowers that date back to the 1920's. The fundamental challenge is that it takes approximately 800 pounds of lead -acid batteries to be equivalent to a gallon of gasoline or diesel fuel. As a result, it is difficult to get the performance that customers expect or that provide the run time that is needed because it is not possible to carry enough energy in batteries. Battery technology continues to improve both in performance and cost. As of today, we have developed and offered for sale a eFlex® Greensmower® that utilizes state of the art brushless DC electric motors and advanced Li-lon battery system. The battery City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 621 of 1360 is designed to last for 5 years and provide sufficient runtime to mow the expected number of greens and to power the key desired accessories such as groomers and lights. New to the market is the Workman GTX electric, which has extended range over its predecessor We have and continue to look for new applications of all electric products. It is very important that we understand the demands of the application and make sure that the components are appropriately sized for the application. We need to make sure that we provide adequate power (torque) for peak demands and sufficient capacity and cooling for the required runtime. We believe that we understand the customer needs and expectations so that our all -electric products now and in the future will be desired because they are superior products. We are in the process of developing additional electric products (and hybrid electric products) for release in the near future. Hvdroaen Fuel Cells Hydrogen fuel cells are one of the emerging technologies that hold a lot of promise for mobile applications. They were invented in the 50's and 60's and one of the first high profile applications were to provide electrical power and water to space craft that allowed us to go to the moon. The first flight of fuel cells was Gemini 5 in August 1965. The explosion in the oxygen tank that provided fuel for the fuel cell and oxygen for the crew was the cause of the disaster in Apollo 13. Fuel cells are desirable because they provide efficient electricity and they are refuelable vs rechargeable. We have prototyped a number of fuel cell vehicles to both demonstrate the potential and to identify the design challenges. We picked two of our product platforms to work with a triplex GreensmowerTm and our mid -duty and heavy-duty utility vehicle platform. All of the products resulted in very serviceable products that were equal to or superior to the engine driven platforms that they replaced. We knew we were on the bleeding edge of the commercialization curve. The products were highly functional but were high cost and fuel is not readily available. The turf maintenance market is not large enough to enable commercialization of the infrastructure. We can however utilize shared infrastructure. We developed and deployed a demonstration of the hydrogen vehicles that was supported by the New York State Energy Research and Development Authority (NYSERDA). We developed and deployed in demonstration 4 vehicles at Niagara Falls State Park, Albany, Hempstead and Bethpage. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 622 of 1360 Appendix Toro Fuel Cell Powered Heavy Duty Workman Utility Vehicle Dimensions: 128" x 65" x 76" (L x W x H*) * Incl ROPS Weight: —2000 lbs (est) Max GVW 4250 lbs Payload: 2250 lbs total (1850 lbs bed, 400 lbs passengers) Towing: 3500 lbs (w/ trailer brakes), 1500 lbs (w/o brakes) Bed: Hyd. dump, latching tailgate, stake pockets, 20 cu ft Top Speed: 20 mph Seats: 2 Tire Size: 20x 10— 10 (Front) 24 x 12 — 12 (Rear) Construction: Steel frame, steel bed, plastic hood and body panels Suspension: Coil Spring (front) Leaf Spring (rear) Storage: Glove box (open) Controls: Power steering, accelerator pedal, brake pedal, park brake, F -N- R, Hi -Lo range, diff -lock, bed lift, key -start, light switch, horn, cruise control, supervisor switch. Gages: H2 psi (fuel), hours, LCD info -center, indicator lamps Fuel Cell: 8 kW PEM, Hydrogenics Operating voltage: 48V nominal Motor/Controller: ACIM, 600 A Buffer -Hybrid: 4 x 12 Lead Acid batteries Tank Pressure: 5000 psi (350 bar) Tank capacity: 74 liters (1.8 kg) Range: Estimated —80 miles/tank? (TBD) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 623 of 1360 Toro Fuel Cell Powered Mid -Duty Workman Utility Vehicle Dimensions: 120" x 59" x 50" (L x W x H) Weight: 1600 lbs Payload: 1200 lbs total (800 lbs bed, 400 lbs passengers) Towing: 800 lbs Bed: Hydraulic dump, latching tailgate, stake pockets Top Speed: 16 mph Seats: 2 Tire Size: 22 x 9.5 - 10 Construction: Steel frame, plastic bed and body panels Suspension: Rubber elastomer (front)* NA (rear) Storage: Under seat, under hood* Controls: Steering, accelerator, brake, park brake, F -N -R, bed lift, key -start, light switch Gages: H2 psi (fuel), hours, temperature, info -center* Fuel Cell: 8 kW PEM, Hydrogenics Operating voltage: 48V nominal Motor/Controller: Brush DC, 500 A Buffer -Hybrid: Ultracapacitors or LA batteries* Tank Pressure: 5000 psi (350 bar) Tank capacity: 32 liters (0.8 kg) Range: Up to 55 miles/tank City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 624 of 1360 Toro Fuel Cell Powered Mid -Duty Workman Utility Vehicle Dimensions: 120" x 59" x 50" (L x W x H) Weight: 1800 lbs Payload: 1200 lbs total (800 lbs bed, 400 lbs passengers) Towing: 800 lbs Bed: Hydraulic dump, latching tailgate, stake pockets Top Speed: 16 mph Seats: 2 Tire Size: 22 x 9.5 - 10 Construction: Steel frame, plastic bed and body panels Suspension: Rubber elastomer (front)* NA (rear) Storage: Under seat, under hood* Controls: Steering, accelerator, brake, park brake, F -N -R, bed lift, key -start, light switch Gages: H2 psi (fuel), hours, temperature, info -center* Fuel Cell: 5 kW PEM, Nuvera Operating voltage: 48V nominal Motor/Controller: Brush DC, 500 A Buffer -Hybrid: 4 x 12 Lead Acid batteries Tank Pressure: 5000 psi (350 bar) Tank capacity: 32 liters (0.8 kg) Range: Up to 55 miles/tank City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 625 of 1360 e. Indicate if any of the equipment you are offering has received any awards or nominations for excellence. The Toro Company received the Gold Medal for Innovation, awarded to the Reelmaster 5010- H at demopark+demogolf 2015. The Toro Company is the leading "smart" irrigation manufacturer, having receiving multiple accolades and awards from the Irrigation Association®, the EPA, and others, for its innovative and water -efficient products. Some examples of unique Toro irrigation products include: Precision TM Series Spray Nozzles with patented oscillating stream technology that delivers water savings of up to 35 percent when compared to competitive fixed spray nozzles; the T5 RapidSet® %" gear -driven rotor and its patent -pending tool -free arc adjustment feature; the cutting-edge EVOLUTION® Series irrigation controller and its multiple wireless add-on devices that enable performance advances, such as web connectivity, soil moisture sensing, and automatic weather -based schedule adjustments; and a full line of drip irrigation products, such as DL2000Tm dripline and its patented ROOTGUARD® technology that allows it to be buried below ground to virtually eliminate evaporation and runoff. The Toro GrandStand MULTI FORCE was a new product award winner in the May/June 2016 issue of Landscape and Irrigation's "Twenty for 2016 New Product Awards". The award recognizes the GrandStand MUTLI FORCE as one of the standout new products to hit the market in 2016, based on innovation and application within the market. Toro GrainidStand Multi Force Toro is bringing four -season versatfity to Its stand -on mower line vArh the ah -new GrandStatwd Multi Forre fe>alruring a BOSS snow plllowv atfa,chrnent. The new naodirals allow operators to switch betwrseen a niovmtng crock and a snowplow with a sinapfe change of a attachrnaearrts. PUfecf for clearing srrrava fretlat sidewvafks the GrandStand Multi Force ns equipped wwith a movable raster assembly that shortens the flame to maximize fill performance at e ache attaachtinent 'T his makes, the machine nn ow maneuverable and effective for removing snow. In addlisomu„ onco.Tcro's Ouiclr AItach Syrsten'w i s set up, userscan swwltclr from 'a m m ing deck to a srtowdloww in minutes. Attachments for the Grandstand Multi Farce connect to a Fo wer Nal llla9t is able 10, lit mwo than 18 inches, allowing an operator to push snow, tip and over curbs, The Grandstand Multi Frrrce ;also offers all the advantages of Toro's traditfaawal GrandStarad sfaarid•on mawmer, ancludirq a laalfe, casnmfurtalsle oparalor platfonrl, ww'iitw aar'oaoollu su4aeusirrrr, outstanding vlsil lhly, and a. surraller foutlprint that's easy to transport, ttotlu new m udels are equipped wvuth "Toro's 7 -garage steel Turbo, Force mowing deck wvlrlcta deliverers a pristine atter-runt appearance, tett f. Describe how the innovation and technology of your equipment differs from other equipment in the industry. GM3500: Sidewinder® patented feature The Sidewinder cutting units shift left and right a total of 24 inches (61 cm). This increases the cutting unit overhang for precise trimming. The tire tracks can also be shifted within the mowing path to reduce wear on the turf. GM5900, GM4000, GM4100, GM4500, GM4700: SmartCoolTM System SmartCoolThe hydraulically driven cooling fan automatically reverses to blow off chaff buildup on the top and rear air intake screens. The reversal is triggered by rising coolant temperature, hydraulic oil temperature, or air intake temperature. Toro.com/5900 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 626 of 1360 GM360: QuadSteerTM Unique Quad -Steer all -wheel steering means you can turn on a dime without tearing turf, enabling mowing around fence posts and other objects, even on slopes, in one pass. GM5910, GM4010, GM4110: Factory installed safety cab, competitors have cabs installed by distributor. The factory - installed cab unit includes an integrated four post ROPS, and provides an exceptionally quiet and comfortable environment for the operator. The low profile air conditioning and heating unit is built into the headliner of the cab for increased clearance under trees and storage areas. The front and rear windows open to allow fresh air to the interior of the cab and a front wiper and washer keeps the windshield clean. GM7200: Polar Trac system, only zero -turn mower that converts to a winter tracked snow and ice removal/treatment machine • Converts the Groundsmaster® 7200 into a snow removal machine complete with two rubber tracks and a climate control cab • Track tread is designed for slick ground such as an ice rink • Switch between snow attachments in minutes • POLAR TRACT"" attachments: snow blower, rotary broom, angled snow blade, and v -plow GM5900: InfoCenterTM The onboard InfoCenter monitors and displays machine functions to help keep diagnostic time down, and operating hours UP. Groundsmaster 5900 and 4000, Bi-directional impact absorption on winq decks up to 5 mph. Groundsmaster 4300 and 360 -4WD: Cross Trax all —wheel drive Reelmaster 5010H Hybrid Fueled Reel Mower Patented PowerMatch technology — the first true hybrid system in a mower that smartly varies and seamlessly matches the power needed from two sources for traction and mowing depending on the workload encountered. The self -charging, 48 volt battery pack is the same type used in the auto industry, and is paired with a more fuel efficient, 24.8 hp diesel engine that results in fuel savings of 20% or more compared to similar mowers. EdgeSeries Reels Reduced maintenance through improved edge retention (resulting from use of more advanced reel blade material and improved design geometry). GeoLink Precision Spraying System The first turf -based GPS spray system, with individual nozzle control and centimeter -accuracy that ensures only the target area is covered. The GPS system reduces operator error, monitors area treated and tracks chemical usage, resulting in savings of 14% on average. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 627 of 1360 ProCore 648 Rear Wheel Placement The unique design places the wheels in front of the aeration head so adjacent passes can be made without running over cores or freshly aerated turf. This prevents damage to the turf and the fresh holes. Eliminating crushed cores makes cleanup easier, which in turn leads to a more efficient aeration process. Series/Parallel 3WD Patented system that improves traction by maintaining power to the wheels. This leads to improved performance on undulating turf and more consistent hole spacing. TrueCoreTm Ground Following System System enables consistent hole depths of up to 4 inches to be achieved. It automatically adjusts the aeration head to maintain the desired tine depth on undulating turf. This leads to a consistent aeration result and uniform turf conditions. RotaLinkTm Tine Guide Mechanism Ensures tines remain vertical as they enter and exit the ground. This produces consistently clean holes for better looking turf and easier top dressing fill. Precision Balanced Drive System Drive system is modeled after a 6 -cylinder engine with precision balancing. This configuration eliminates hopping, rocking and uncomfortable vibration. This leads to less operator fatigue and discomfort, while providing a more productive aeration experience. ProCore 864/1298 Tine Guide Mechanism Ensures tines remain vertical as they enter and exit the ground. This produce consistently clean holes for better looking turf and easier top dressing fill. Precision Balanced Drive System Toro's precision balanced coring heads provide exceptionally smooth operation allowing the operator to run the unit in the up position. This simplifies operator interface and improves efficiency. Articulating Coring Heads (1298) The ProCore 1298 features two independent coring heads that articulate for exceptional ground following. ProCore SR Series (deep tine) Hydraulic depth control Allows operator to easily and quickly adjust aeration depth on the fly from the tractor's seat Intelligently Engineered Unique geometry of the aerator maintains tine -to -turf engagement angle as depth is adjusted. This provides consistent aeration across the depth spectrum without additional adjustments GreensPro Rollers The overlapping smoothing rollers deliver uniform roll across the entire machine. Competitive models do not have feature resulting in a strip of unrolled turf between rolling heads Integrated Trailer City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment W Solicitation # 2017025 Page 628 of 1360 The GreensPro features an integrated trailer allowing for simple and fast transport. Many competitive models require a separate trailer which makes transport slower and often requires flat ground for the roller to be dismounted Familiar Steering The GreensPro 1200 is controlled by a steering wheel which is familiar to most operators. Other rollers have a variety of steering techniques providing a steeper learning curve and can challenging and less safe for new operators. ProStripe 560 Simple Height of Cut Adjustment The cutting height on the ProStripe 560 can be adjusted via a single lever. Competitive models feature three points to adjust cutting height which is more complicated and more likely for error Split Rear Roller The ProStripe 560 features a split differential allowing each half of the roller to move independently. This feature provides two key benefits: (1) It helps protect turf from scuffing in sharp turns; (2) It provides the needed flexibility for the ProStripe to mow a wider variety of locations competitive models cannot easily operate. MP ER00 • Exclusive 6 Diaphragm Pump provides not just the pressure but also the proper volume needed to maintain proper application rate. • Elliptical chemical tank with side agitation nozzles — together with the 6 Diaphragm pump creates a rolling agitation action in the tank for a homogenous mix and also has the benefit of exceptional chemical mixing capabilities. • Tri Truss booms with impact breakaway feature protects nozzle turrets and nozzles from damage. • Exclusive Ultra Sonic Boom accessory kit that automatically maintains the proper 20" boom height, maintaining proper application rate. • Available chemical loading Eductor kit that lowers down to waist height for safe and easy loading of chemicals. • Exclusive available chemical tank Triple Rinse kit that automatically triple rinses the inside of the tank. The system can be operated while the machine is being driven. Workman GTX utility vehicle An unequalled combination of comfort, versatility, power and control make the Workman GTX simply superior to competitive utility vehicles. • Comfort: incorporating a split frame and gimbal joint which isolate movement away from the operator while keeping the bed stable. This class -exclusive feature increase comfort, reduces operator fatigue, and increases safety by keeping all four wheels solidly on the ground. • Versatility: Featuring hundreds of configurable options that include front and rear attachments, including trash can mount, hose reel, walk spreader mount, four and six foot flat bed options, and a bed rack with easily customizable attachment points for string trimmers and other tools. The Workman GTX can also be stretched from two to four seats with an extension kit. • Power. choice of either 429cc gasoline engine or 48 -volt brushless A/C electric motor provide the performance to tow 1, 000 lbs, ora total vehicle capacity of 1200 lbs. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 629 of 1360 • Control: Class -exclusive hydraulic disc brakes give reliable and consistent stopping power, while the coil -over shocks deliver a smoother ride, minimizing operator fatigue. Workman MD utility vehicle SRQTM - Superior Ride Quality SRQTM combines a coil -over shock absorber suspension design with the Active In -Frame TM twister joint. Front suspension is Independent A -Frame design with coil -over shock absorbers. Rear suspension is Swing Arm design with coil -over shock absorbers. Benefits include operator comfort, safety, reduced operator fatigue, and productivity and efficiency gains. Active In -Frame TM Twister Joint The innovative Active In -Frame TM Twister Joint allows each axle to react independently to the terrain. The result is the smoothest ride over the most undulating surfaces. All four wheels maintain constant contact with the ground for better traction, stability and less potential turf damage. Operator/Passenger Platform Extended front frame for additional legroom to enhance SRQTm benefits of operator and passenger comfort. Payload Capacity The Workman® MD Series utility vehicles have the highest total payload capacities in their class for maximum productivity. Get more jobs done in less time. MDX/MDX--D - 1,650 lbs. (748 kg); MD - 1,250 lbs. (567 kg); MDE - 1,200 lbs. (544 kg) Rugged Body Styling New rugged injection -molded body styling. Latch opened hood design for ease of access for technicians. Durable Plastic Cargo Bed Double -walled composite bed can withstand the elements and heavy loads, and won't rust or dent. Workman HD Series utility vehicles Tough Frames The Workman® front space frame design is multi -dimensional or truss like, providing superior strength and torsional rigidity in rough terrain. The rear frame uses a C -channel design to provide superior strength in hauling heavy loads. On Demand 4 -wheel Drive The Workman is available with an on -demand four-wheel drive system that delivers surefooted traction in forward and reverse, without damaging your turf. Front Impact Bumper A specially designed composite bumper with seven (7) energy absorbing crush zone cones protects the Workman to withstand impacts up to 3 mph (4.8 km/h) under full load with no permanent deformation. DeDion Rear Axle The DeDion rear axle design is an automotive technology which isolates the engine, transmission and main frame from all load forces, eliminating stress to these main components. The 1 -beam design provides superior ability to handle vertical loading, exactly the reason 1 -beams are used extensively in the construction industry. Ride Quality City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment W Solicitation # 2017025 Page 630 of 1360 Independent front suspension consisting of two double A -frames with opposing dual coil springs and dual shock absorbers provides 5.75 in. (14.6 cm) of front suspension travel. Rear suspension design consists of DeDion rear axle and dual independent leaf springs and shock absorbers to provide 3 in. (7.6 cm) of rear travel. Benefits include operator comfort, safety, reduced operator fatigue, productivity and efficiency gains. Disc Brakes 4 wheel hydraulic disc brakes provide greater stopping power and easier servicing than traditional drum brakes. Payload Capacity The Workman® HD vehicle provides the highest industry total payload capacity up to 3,002 lbs. (1,364 kg). Pro Force Blower Wireless Remote Control Start or stop the engine of the blower for complete operational control. Adjust engine throttle up and down for high to low RPM range of operation. Rotate the nozzle 360 degrees in either direction. Efficient Turbine -type Fan Assembly Design Greater air flow to move debris further and finish the job faster. Durable Nozzle Single piece rotomolded plastic nozzle is more resistant to damage and is more durable for lower repair costs and less downtime. Electronic Governor Coupled with functionality of wireless remote control, the Kohler® electronic governor allows the operator to have precise engine speed control. Fully Enclosed Exhaust System Muffler enclosed in protective cage for increased operator safety. Heavy -Duty Trailer & Tow Hitch Height and length of tow hitch are adjustable to accommodate different towing utility vehicles. DOT approved trailer also available. Rugged Construction Rugged construction, including 1/4" (6 mm) steel frame, provides years of trouble-free service. g. All equipment offered must meet the current minimum Tier 4 Environmental Protection Agency (EPA) requirement. All Toro equipment meets current Tier 4 requirements. h. Describe how your firm will notify customers of new equipment, used equipment and services. The Toro Company proactively markets new product and equipment services when new releases enter the marketplace. This is done by using a variety of communication mediums including microsites/website, national advertising (both digital and print), videos, authoring industry articles, and featuring the new products and/or services at the various industry trade shows. In addition to the exposure Toro directly provides, its Distributors also invest in communicating the new product and/or services by supplying its customer base with Newsletters and supporting demos and/or field days. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 631 of 1360 i. Completed "Sample Equipment Specifications" (Attachment C) See attachment C j. All bidders must submit complete manufacturers' descriptive literature regarding the equipment they propose to furnish in attachment C. The literature shall be sufficient in detail in order to allow a full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being reiected. See Commercial Equipment Guide tabs for specific products from Attachment C K. Submit all information that will aid the City in evaluating your proposal. A unique offering that Toro has is MyTurf maintenance tracking system. MyTurf is a web based system designed to allow you to track the Cost of Operating your fleet of turf equipment. Product information is loaded into the system and then when you have a maintenance task against that product you can track costs. This is a great tool to make business decisions as to whether to repair or replace a product. For your Toro products, the system gives you dynamic real time service bulletins, operator manuals parts catalogs, ordering availability and product schematics. MyTurf also allows you to use our Wireless Hour Meters that automatically update the system with the hours of operation of each piece of equipment. When the hours of operation reach a point where a maintenance procedure needs to be performed you will receive a notification. This helps assure that regular maintenance is not overlooked and extends the life of your equipment. Services a. Provide a detailed written response illustrating how your firm or the authorized dealers will provide services to meet the requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope Work outlined in this solicitation. For each proposed category, describe and/or provide details explaining your capabilities. In your response include information such as: b. Provide detailed information explaining your service capabilities. Toro utilizes our channel partners to provide service and support to our end user customers. For our Commercial division we have 22 distributors in the United States with many satellite offices to meet your needs. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. The Toro Company provides technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warrantee issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customers opinion of our service and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. Here is an example of a some of our processes and reporting. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 632 of 1360 Customer Buying Experience (CBE) — Work Flow Process E Customer Receives emails .2 Purchases Toro for CBE Submits survey via rn 7 Product experience survey email U Respond/ Distributor submits acknowledge to invoice data alerts and view i through dashboard/ rn connectivity scorecard T C Pulls monthly c6 Connectivity data registers batch registrations Pull same the customer for CBE 6 week batch for CPE 6 product email survey. 5h month survey 2 of each month O H N O TACReporfing— rn O Rec. foal report/ U U apply rules/submit O to Customer5at O H c6 O Customer5at Submits email Receives Sends alerts and updates 0 receives data surveys. customers feedback dashboard/ V) scorecards 7 U City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 633 of 1360 drlwy h'ureiiid t wwMRlymi r i ffort a,::or CES Key IRi:wpd -N"NIFIS & *'ie Net Prorrvater Score K y N"'rein{tvies aIIII Safis�Nwba�.dwi s�IX: 9:.3. 94Uf IX SAE R IXS1 1 Q7ueA'.ull 5.m'ti5fiarvticry hfl' F'Ixed right ppr.,,'na!'.ourvn trove Asea i, plmacti�,e na"f QS&Jge..d le a:b ymu �60 IXAiS IX:S6e IX:SRI 'a.96R 8999 5A]S 5.bnl 5.091 9..129 ffia{i srfaotlusry c. Provided detailed information explaining the service capabilities of your authorized dealers. Simpson Norton's service area covers the entire State of Arizona, New Mexico, Las Vegas, NV (Clark County) and parts of western Texas including El Paso and surrounding communities. Simpson Norton has a fleet of in -field repair trucks that will perform repair services on equipment at job site for both warranty and non -warranty repairs. Our Goodyear facility staffs seven full-time service technicians and staffs two full-time service technicians in our Las Vegas facility. Simpson Norton has two full-time in -field techs that reside in New Mexico. All Toro's Commercial distributors nationally have similar capabilities and resources. d. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty- four (24) hours? Our distributors may offer a variety of maintenance programs depending on the need of the customer. These range from Time and Materials type services, Preventive maintenance contracts, Full Service maintenance contracts thatinclude preventive maintenance and repairs. These programs are priced based on the specific needs of the customer, equipment age and condition. The distributor can provide pricing for these programs on a local level. Our distributors try to accommodate customers with a loaner when equipment is down. e. Describe your preventative maintenance program (PMP) for each of the sample equipment (Attachment A). Provide the expected useful life and salvage value for each piece of equipment. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 634 of 1360 Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. Our experience shows that annual usage for the Southwest part of the United States is about 800 hours per year. Usage of equipment such as utility vehicles and bunker rakes is much less than that. We have included our preventive maintenance schedules and typical replacement parts such as filters and best for each of the pieces identified in Attachment C. As far as useful life and salvage value, there are so many variables that go along with this that it is difficult to provide information. It is dependent on how you operate the equipment, the conditions in which you operate and the maintenance practices performed. We will note that Toro equipment typically has a higher residual value for off -lease items than our competitors. Describe your training programs. The proposed training program shall include but not be limited to: 1. How will equipment training be conducted? The Toro Company offers in-depth factory training at a reasonable cost to the end user. This training takes place at Toro's headquarters in Bloomington, MN. The dates vary year by year. Simpson Norton's salesperson can discuss these offerings as they are made available by The Toro Company. Local training is offered by Simpson Norton and the educational content varies depending on the end user's needs. Group training is offered by Simpson Norton each year. Dates and cost of training vary from year to year. Simpson Norton offers training Monday -Friday during normal business hours (excludes holidays). Certificates of completion are issued to each attendee after completion of training classes. 2. Describe the training curriculum for the equipment operators. All new and used equipment delivered to the customer includes one-on-one or group training provided by the salesperson and service staff. Operator safety training for all product is offered in one or more of the following media: DVD, online video or paper manual, and provided with each new piece of equipment. 3. Describe the training curriculum for the service technicians. The Toro World Headquarters offers factory training, including a Turf Technician Course. Topics include the following: • Cutting Unit Technology: Cutting unit set-up and adjustments • Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting and testing • Tier4 Engine Systems: Overview of why and how they work • Spray Systems: Components, operation and calibration • Preventive maintenance systems, myTurf, TLC, Parts, and Toro Information Systems • Open forum and a tour of Toro's development and testing labs Local training is offered by Simpson Norton and the educational content varies depending on the end user's needs. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 635 of 1360 4. How will you accommodate various work shifts? Simpson Norton offers training Monday -Friday during normal business hours (excludes holidays). Additional arrangements can be accommodated upon request. 5. What type of documentation is provided with the proposed training? Operator manuals, repair manuals, etc. are provided with each new piece of equipment. Certificates of completion are issued to each attendee after completion of training classes. 6. Is a "train the trainer" program available? Is this training different than the regular initial training? Can training sessions be recorded for future use by the agency? A train the trainer program is not available at this time, but is actively being considered. In the meantime, arrangements can be made to accommodate this training upon request. g. Submit all information that will aid the City in evaluating your proposal. In order to provide the best customer service possible, distributor technicians undergo a rigorous training program consisting of online learning and practical hands-on exercises. The below curriculum is currently under development, with distributor service technicians completing portions as they are introduced. � 00 O� e, 05 �G `�� `,\G\ Delivery Ceineiima Cosulmsss Hydraulics Online X X X X X X X Engines Online X X X X X X X Drivelines Online X X X X X X X Electrical Online X X X X X X X 'I' IIa:e OI"il 'In't'at'tiol New Hire Orientation at L ndale Classroom X X X X X X X f')ulmodsa:m't II Iun't'ulmodstm'I'Iiioin Cosulmsss Introduction to Sprayers Online X X Introduction to Reels Online X X Introduction to Rotaries Online X X Introduction to Vehicles Online X X Introduction to Specialty Equipment Online X X li a inds Dun Cosulmsss Hands -On Sprayers Classroom X X Hands -On Reels Classroom X X Hands -On Rotaries Classroom X X Hands -On Vehicles Classroom X X Hands -On Speciality Equipment Classroom X X City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 636 of 1360 7. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc.). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. For Simpson Norton, orders can be called in, faxed, mailed and emailed. Office hours are M -F 6a.m. — 4p.m. www.Toro.com can be utilized to look up parts, parts breakdowns, technical data and documentation (most at no charge). Our myTurf service can also be used for parts lookup and ordering. Requests for tracking orders and order history can be completed by our staff as requested. The sales team can help identify alternative fuel products, etc. b. Describe the equipment delivery process and your delivery commitment. What are standard equipment delivery timeframes? Are there cutoff dates and how are these dates communicated to customers. Typically equipment is setup and delivered to the customer's designated delivery location 4-6 weeks after receipt of purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer's PO are honored. If for some reason a deadline cannot be met, the salesman will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (see copy attached). The customer retains a copy along with a binder including operator parts manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesman. There really are no cut off dates unless a customer is trying to order before a price increase. Again the salesman would communicate this information to the customer. c. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. Invoicing is done daily for all deliveries made that day. Invoices can be sent electronically (emailed) or mailed depending on the customer's needs. Statements are typically mailed, but can be setup to be sent electronically (email). (See attached sample invoice). 8. Other a. Describe any government rebate programs that are offered. State and local governments may develop programs to incent their constituents to purchase alternative fuel products. Each agency would need to inquire with their state or local government agency to determine any current program. Toro will work with each agency to provide the required product for the rebate offered. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 637 of 1360 This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE V -Twin cylinder, 4 -cycle, OHV. Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc) Y N Oil capacity: 1.75 quart (1.8 liter) Y N Cooling: Air (high flow blower) Y N Air cleaner system: Remote mounted 3-phase Donaldson° air cleaner Y N TRACTION Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever. Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge. Y N Main frame: Welded rectangular tubular steel frame construction. Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Y N GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. Y N ELECTRICAL Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N STEERING Hydraulic Power Steering I Y N OTHER CHARACTERISTICS Rear Rake and Frame Y N Ground Clearance: 6.0" Y N Page 638 of 1360 HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE v -twin 4 -cycle, OHV gas, liquid -cooled, gasoline powered engine Y N Horsepower- 28 HP Y N Torque 40.8 Y N Displacement — 69 cu. in. (747 cc) Y N 45.6 cu. In. (747cc) Oil Capacity— 2 qts. Y N Governor type — Mechanical centrifugal Y N Lube Oil Filter — Full flow with spin -on oil filter Y N Lubrication — Full -pressure lubrication Y N Starting System — 12 -volt starter Y N In Line Fuel Filter Y I N PAYLOAD CAPACITY Rated Capacity—approx. 3,295 lbs I Y I N DRIVETRAIN Auto Transmission w/ Electric Differential Lock Y N ELECTRICAL SYSTEM Lights—Two seated high/low-beam headlights; stoplight/taillight Y N No high/low beams. Twin LED headlights Fuel Injected w/ Electric Choke Y N Hydraulic System — 6.8 gal. (25.7) capacity; 25- micron, full -flow filtration; biodegradable fluid; oil cooler standard Y N 16 quart capacity STEERING Automotive power steering I Y N BRAKES Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N Page 639 of 1360 SURROUNDS MOWER SPECIFICATIONS Item ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N 68.5 cu. in. Power = Approx. (Gross) 35 Hp Y N 21.5 Hp Air Cleaner = Dual -Stage With Restriction Indicator Y N Heavy-duty, radial seal air cleaner Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement = 67.1 Cubic Inches Y N 68.5 cu. In. CAPACITIES FUEL = 11 Gal Y N 7.5 Gal ENGINE OIL = 3 Qt Y N 4.25 Qt HYDRAULIC OIL = 3.5 Gal Y N DRIVE SYSTEM Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2-pedal foot controlled; or equivalent Y N Series Parallel 3 wheel drive BRAKES 2-wheel Disc Y N 2-wheel drum Hand controlled Park Brake Y N Closed loop traction system. Y N OTHER STANDARD EQUIPMENT Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three-Wheel Drive Reduce Slip System, 2-Pedal Controlled Y N Series Parallel 3 wheel drive CUTTING UNITS Number = 3 Reel Cutting Units Y N SIZE = Approx. 26" Y N 27" Number Of Blades = 8 Y N Backlapping = Standard Y N CLIP FREQUENCY = 0.126-In/Mph Y Variable reel speed to set clip properly for N the ground speed and HOC. Front Rollers = Grooved Y I N lWeihle rollers Reel Diameter = 7" Y N BEDKNIFE ADJUSTMENT = Reel-To-Bed knife Y N Duel Point Adjustment - Bedknife-to-Reel Rear Rollers = Solid Y N ELECTRICAL AND SAFETY INTERLOCKS DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Standard Control module with diagnostic lights. Neutral start switch Y N Operator presence switch (in seat) Y N Mow / Transport switch Y N Park brake set switch. Y N Page 640 of 1360 Page 641 of 1360 TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N CAPACITIES Fuel Capacity = 7.0 gal Y N Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank Y N DRIVE SYSTEM Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable Y N IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels Y N CUTTING UNITS Number = 3 Y N Type = 11 Blade Y N BEDKNIVES = Lo-Cut, 1/8" Y N Height Of Cut Range = 0.125" — 0.750" Y N Reel Frame Y N Reel Diameter = 5" Y N Blades Shall Be High Carbon Steel Y N OTHER STANDARD EQUIPMENT STEERING Power Y N Gas Shock Y N Double acuating steering cyclinder CONTROLS LED Light Kit Y N Raise / lower mow lever (joystick) Y N Page 641 of 1360 WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 ITEM/MINIMUM REQUIREMENT COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear-mount cross-flow, 7-row, 5-fins per inch, 13 quart (10.4 Y N Rear-mount, cross-flow, 7-row, 6.3 fins per inch, 9 uart MS liter) capacity FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B-20 Y N DRIVE SYSTEM TRACTION DRIVE Full time bi-directional hydrostatic, closed-loop, 4wd Parallel hydrostatic, closed loop system with full- transmission, variable displacement piston pump with servo time 4WD. Forward/reverse in low (mow) and high controls powers fixed displacement piston motors which (transport) range with full-time, automatic traction drive single action reduction planetary gear assemblies at Y N assist (forward only) standard. Variable displacement piston pump with electronic servo each front wheel. Parallel hydraulic flow powers fixed control powers dual speed displacement piston displacement piston motor, which drives mechanical axle in motor drive into double reduction planetary in rear. 2wd in forward (transport) range. front, and mechanical axle in rear. HYDRAULICS/COOLING 8.75 gallon (33.1 liter) capacity with 10 micron 12 gallon capacity 2 micron remote spin-on filter. 19 row, remote spin-on filter. 9 row, single pass cooler single pass cooler with tilt out for cleaning. Y N with tilt out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. OTHER CHARACTERISTICS DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and Y N steering. Charge and deck counterbalance circuits. INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only permitted in low Y N range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. CUTTING UNITS WIDTH OF CUT Overall approx. 109" . Center deck 54". Two 37" Wings all Overall: 132" (335 cm), Front: 62" (157.5 cm), upfront Y N Wings: 42" (106.7 cm), Overlap: 7" (12.8 cm). MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps orY Mows up to 10.6 acres/h (4.3 hectares/h) at 8 mph stops N (12.4 km/h) (assumes no overlap or stops). OTHER STANDARD EQUIPMENT Fight Kit I Y I N 10ptional lCanopy I Y I N 10ptional Page 642 of 1360 FAIRWAY MOWER SPECIFICATIONS Item 6 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine speed control. Y N Hand operated raise/lower joystick for reel raise and lower, headlight switch and pivoting control console. Y N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based. Y N Solid State with diagnostic capabilites for all safty switch and operator present switches. Y N CUTTING UNIT 5- 22" 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air -ride seat Y N Sun Shade Y N Page 643 of 1360 Attachment C - Sample Equipment Specifications This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 ITEM/MINIMUM REQUIREMENT I COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE V -Twin cylinder, 4 -cycle, OHV. Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc) Y N Oil capacity: 1.75 quart (1.8 liter) Y N Cooling: Air (high flow blower) Y N Air cleaner system: Remote mounted 3-phase Donaldson® air cleaner Y N TRACTION Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever. Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge. Y N Main frame: Welded rectangular tubular steel frame construction. Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Y N GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. Y I N ELECTRICAL Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N STEERING Hydraulic Power Steering Y I N OTHER CHARACTERISTICS Rear Rake and Frame Y N Ground Clearance: 6.0" Y N Page 644 of 1360 HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ITEM/MINIMUM REQUIREMENT I COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE v -twin 4 -cycle, OHV gas, liquid -cooled, gasoline Y N powered engine Horsepower- 28 HP Y N Torque 40.8 Y N Displacement — 69 cu. in. (747 cc) Y I N 145.6 cu. In. (747cc) Oil Capacity — 2 qts. Y N Governor type — Mechanical centrifugal Y N Lube Oil Filter — Full flow with spin -on oil filter Y N Lubrication — Full -pressure lubrication Y N Starting System — 12 -volt starter Y N In Line Fuel Filter I Y I N PAYLOAD CAPACITY Rated Capacity — approx. 3,295 lbs Y I N DRIVETRAIN Auto Transmission w/ Electric Differential Lock 7 Y I N ELECTRICAL SYSTEM Lights — Two seated high/low-beam headlights; stoplight/taillight Y N No high/low beams. Twin LED headlights Fuel Injected w/ Electric Choke Y N Hydraulic System — 6.8 gal. (25.7) capacity; 25- micron, full -flow filtration; biodegradable fluid; oil cooler standard Y 1 N 1 116 quart capacity STEERING Automotive power steering I Y N BRAKES Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N Page 645 of 1360 SURROUNDS MOWER SPECIFICATIONS Item 3 ITEM/MINIMUM REQUIREMENT I COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N 68.5 cu. in. Power = Approx. (Gross) 35 Hp Y N 24.5 Hp Air Cleaner = Dual -Stage With Restriction Indicator Y N Heavy-duty, radial seal air cleaner Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement=. 67.1 Cubic Inches Y N 68.5 cu. In. CAPACITIES FUEL= 11 Gal Y N 7.5 Gal ENGINE OIL = 3 Qt Y N 4.25 Qt HYDRAULIC OIL = 3.5 Gal Y N DRIVE SYSTEM Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2 -pedal foot controlled; or equivalent Y N BRAKES 2 -wheel Disc Y N 2 -wheel drum Hand controlled Park Brake Y N Closed loop traction system. Y N OTHER STANDARD EQUIPMENT Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three -Wheel Drive Reduce Slip Y N System, 2 -Pedal Controlled CUTTING UNITS Number = 3 Reel Cutting Units Y N SIZE = Approx. 26" Y N 27" Number Of Blades = 8 Y N Backlapping = Standard Y N Y N CLIP FREQUENCY = 0.126-In/Mph Variable reel speed to set clip properly for ithe ground speed and HOC. Front Rollers = Grooved Y N Weihle rollers Reel Diameter = 7" Y N BEDKNIFE ADJUSTMENT = Reel -To -Bed knife Y N Dual Point Adjustment - Bedknife-to-Reel Rear Rollers = Solid Y N ELECTRICAL AND SAFETY INTERLOCKS DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Standard Control module with diagnostic lights. Neutral start switch Y N Operator presence switch (in seat) Y N Mow / Transport switch Y N Park brake set switch. Y N Page 646 of 1360 TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 VENDOR ITEM/MINIMUM REQUIREMENT COMPLY. EXCEPTION/ALTERNATIVE ENGINE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N CAPACITIES Fuel Capacity = 7.0 gal Y N Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary Y N tank DRIVE SYSTEM Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely Y N variable IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels Number = 3 Type = 11 Blade BEDKNIVES = Lo -Cut, 1/8" Height Of Cut Range = 0.125" — 0.750" Reel Frame Reel Diameter = 5" Blades Shall Be High Carbon Steel I'm W 0 CUTTING UNITS Y N Y N Y N Y N Y I N Y N Y N OTHER STANDARD EQUIPMENT STEERING Power Y N Gas Shock Y N Double acuating steering cyclinder CONTROLS LED Light Kit Y N Raise / lower mow lever (joystick) I Y N Page 647 of 1360 WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 ITEM/MINIMUM REQUIREMENT COMPLY. VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear-mount cross-flow, 7-row, 5-fins per inch, 13 quart ( Y N Rear-mount, cross-flow, 7-row, 6.3 fins per inch 9 auart 8.5 liter ca acit FUEL CAPACITY Approx. 22 gallon 72 liter diesel fuel/biodiesel B-20 Y N DRIVE SYSTEM TRACTION DRIVE Full time bi-directional hydrostatic, closed-loop, 4wd Parallel hydrostatic, closed loop system with transmission, variable displacement piston pump with full-time 4WD. Forward/reverse in low (mow) servo controls powers fixed displacement piston motors and high (transport) range with full-time, which drive single action reduction planetary gear automatic traction assist (forward only) assemblies at each front wheel. Parallel hydraulic flow Y N standard. Variable displacement piston powers fixed displacement piston motor, which drives pump with electronic servo control powers mechanical axle in rear. 2wd in forward (transport) dual speed displacement piston motor drive into double reduction planetary in front, and range. mechanical axle in rear. HYDRAULICS/COOLING 8.75 gallon (33.1 liter) capacity with 10 micron remote spin-on filter. 9 row, single 12 gallon capacity 2 micron remote spin-on filter. 19 Y N pass cooler with tilt out for cleaning. Variable row, single pass cooler with tilt out for cleaning. speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. OTHER CHARACTERISTICS DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, Y N and steering. Charge and deck counterbalance circuits. INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only Y N permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. CUTTING UNITS WIDTH OF CUT Overall approx. 109" . Center deck 54". Two 37" Wings Y N Overall: 132" (335 cm), Front: 62" (157.5 all upfront cm), Wings: 42" 106.7 cm), Overlap: 7" MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no Y N Mows up to 10.6 acres/h (4.3 hectares/h) at overlaps or stops 8 mph 12.4 km/h assumes no overlap or OTHER STANDARD EQUIPMENT Light Kit I Y I N 10ptional lCanopy I Y I N 10ptional Page 648 of 1360 FAIRWAY MOWER SPECIFICATIONS Item 6 ITEM/MINIMUM REQUIREMENT VENDOR I COMPLY. EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine Y speed control. N Hand operated raise/lower joystick for reel raise and Y lower, headlight switch and pivoting control console. N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, Y electronic control unit that is microprocessor based. N Solid State with diagnostic capabilites for all safty switch Y and operator present switches. N CUTTING UNIT 5- 22" 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air -ride seat Y N Sun Shade Y N Page 649 of 1360 Toro Equipment Maintenance Products and Schedules for Equipment In Attachment C. Item #1 Bunker Rake GI' CK SERVICE RIEF'ERENCE. 10t IPRO 3040 & 6040 Model AMI Moidels Serial 011600000011 & Up En01ne Birand ......... 595 Vanguard Engine Cit (Chard K), _7.7NX,s....___ SAE 00 H,,SJ) Engine 011 Fitter .................... . . _......_. 107-7EI7 Hydraaraillc +0r111 fChar1 RN, — .:�, Gal ........ ISO VG 46 Hydroki iic FWer _,,.,,.. $4-0110 Remote Au Filter ...... 108-01111 FuO Futter In-line ........ ... 94-2690 'a iire Rressaaae .., ..... ......... 6 P$A I I'y 5 4h4,iA01 (Front 9. Rea ) *In6eates BdIggs & S'U'naton Pert i~trnrnvber Maintenance Note., -.Lk, :wI°V.V-"oh xi B :a:u^ Iuhuu.uhY'r`.vilo.u�Al I',t;�u�r,uu�1pVt;ul ahrr. if�rrrr ttIM Its � o' tilt mhin:,ru�u swv.iro , , Iir1111r°r�Ilrww° r. �hlwl qac :w .� rrllla %IJI: tAP rJgjIair a i,id w-firoh,7;slt' omhgk Nfl"'r�ypfN m@Y �mT.Irr°f W&y' 'hA�urdmE I',t�� ItkgDO" rris �r�. u4lmrtra mta� I�altl:irri� ��wtrrr�re,�n,u. & ,u!a'r' '1rn"I li rl r.,:r'uov, Recommended Maintenance Seal s NNaailntaw aunce 5erwric:e Maintenance Procedure Ihrr��ew�Il .r$IrMyh l��w AllflrPd MIhV'(F.Ih"1ul,,l I lurJqu hom p�pn" �y�T�V 14b I u ur r'a w (I".Bi1ge 011*,p'llgwlh 6llll. rd til rkA °peJma9V"i w (ho'A Iu p14 h'4n',h kI]6': ldhQ, o;I°hei: V' rIf SII"o91fi V'1111 hb� 11' (1 M 0 I�h M-'Ik r -- IYIv 'AAliu%c tuidh�+v'! ., I�r CT' Mgr dilluac. w d',ii lie Check the glIe ruin r!,uuuw Iwv i.7 ron nit w,. ^IR t , hvIru Ihr, V nr, , rnd hitt �„ „. " Irrtipv f CV it ahwh 1I a 4'9n,;'Btl,;I1V117Mx, I I'y 5 4h4,iA01 " (1 ir'd t'tll" Wo 111110a Vfl„W'O rIwJ 06. A.*h'tl?Homer III If"" ° V9u?r (K hi!, V1194hW (u4V 7w.1 IO -4', I mr'Ee rD�k'tYOa'.4P'll " Vuuu'=;�u ur° 0pa^'A4'-1 14pjrgs'h' a^Tlme�GUV�I@[.d'mne' I I „ 20"), Iauwarhy Rejpl urm ihit wa hillhxn. I aeFv 4+0) ha a.0 lr, h9,4 JJIdh: gV '86Vddf uli' ;7, Replare 1Inr tijfuvI pllu.A . HCpI'xc lhrm iJ6 tlUr~T. tw,nrolrrl�r1 Nurv,uu,,,a lad1°�r�4Y, n tlP�l�rmgru4ntrtil°✓Ptah-mIl4�ul4p�lw4, w ia7u',.'i�19 h hl tlV .p dY Mdl VI},d'tiA 4Vr I'E- X,il. M O I"�k:9F ti'Yl�u+hlU, dhBxy l'I"M1'wU �,i9Q IIgif'�r/I&'u tu.W AIYYu'PI r'�,!U,. Rfl irrNV rY V4ntl 'y--a<.Ol rruhlli' Y30 hu"� taro CVvr� 11w ner'lanav lrwl w7y llmlp +awta,i 1t. Itx4,''er ro youil: t:,cm ,iuw^ OPPTa.luri"w Ma amnil gram ar gNtirm-..11IwtQiPo juerijd%J� a Ixrr�realrrjrr%. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 650 of 1360 Items #2 Heavy Duty Vehicle QUICK 5ER�V'IIC,'E, REFERENCE; WORKMAN HDX MaModlled AIII Models Serial 29•••0000001 8. Up Engine B1'atll CV ......... ......... E&S DailaatEL1 E.ngineOri I(Chart E; ...... 3..5f0s.... SAE, 10yMCIlanehigher Engine Oil Fiillltea... ................. ........... 108-3842'. TI-anS,fllycdlrar10aC 4011 (Chart T,,,...75rgta�,.. UJITHIF Trans+lyd i au19am: Fliilllter ........ ........... 54-0'fl'10 Amir Filter ...... ......... .......... 108-3811 Fuel Filter ... ................. .......... 11:5-7884 FrrJntDifferential (Chart TY....J Mr.,.,..UJITHIF TiIII.'e PreS.Sure .... ............ ....,... ...3'2 PSI q'Ffontd 118 PSI (Realf;p Coolant 7ype. ............ ....4QIs ..... Ethylene Gllycok„'1Ihiater Q5uP5G ntixce •lmur311wrad'e�- Briggs & Stratton (Parts INumber Recommended Maintenance Schedute(s) ,., ... IIR➢d1I+IrJSiUho d+ �A'W N1N'YW tit 171((70 r91a,AfYrt➢, IN Irroaiwor8.. ...., ...., ...., ...., ... i AJrg7 N(rOxrarYll 44fhae fi wa Firm r ... llarw lrw, . k4VJ y4 lie FQI tl 000.. .................. ory SN &Nfhua g0na Rux.,.MP Il wmu. .. V"A'�4yh CDAdNyti n dtltlup..II"," .... .... ... .... .... k4VJ 4lie F ,lkd Ym�0.. ... .... .... .... ... ' 6AII . II'A eidk Ihe ml."w'rhu'im'o+ 01 f 1Ie IuoR1IIRt l 9111eXlf- Afike the bit 10 1wiC^iuO 5 w II'hIY;XII'„k fhw wNfl uwml I mr ry irin Imirlkllllldq iarakIII. R"v.Alla';N4 °I)kr HII,xII NII.III Mfr rulta V,Vndos I'A duo Il mk I Y'tlgNw»II ,,Gy„ ulny *4 dfh«4w� v 11 r„ kllp;'I dwl9 4ufVV�r7 ... ... ...., ..., ...., ...., ... , udM Yw[ IIII 1� fior the IrYf ��, � V`"Vn'Aos�de+ u-d"d�uyVny o' ; JYttGuW luVd�e II Aur�u„Ik kl"r I�r'r ^ ulA h,u:udrdarof. II A ei Ik Uhoa X nu r YIN.ra 1ydr^! 41111 Murd IIn +el Chock th,, o& tvm tll0m, V,,W d1"'✓',: rrurddr 'n, r Ill;dm!M!-II• eich mm,! or chilly 011100 "Pc 1"I IPrr"tatuIn 011")a ',Mrr trr7,ne INhuld VR" o', ' Chu'✓eCh JIP dlµW,,AAVAkf d MO ufd5k4i)& �;yra.,(L, IM. IIA r!vawrtX: .d h�I IT11m r kl n glinearea and ra.nalur C41II¢anl oIni mei loeapl.nuo8yr in, Vlimy p'r,ion di tililwc.:n, u .,k4� 8"IH1IUfN Check tJ !un Ili" 31L !k Mry w'sil"O m1IVAu-14fIi d»`I;` Ch eCh hd� L A' Ik,ryI L,'kk, 001fi{rRYtiIC'08. .... .... H0 khA �l4 NOW d�4IN�VW IR> . , yl l9udr w�doewvA dn'n rfA`u,Q .... ... '�' '�MAi4 N r1a'y ' IiB;yI frNY4R r4i 01l 'asw. All II✓ 916l 1,l�'�„iffuul AM i0rrfu:Vd!k 01'IbIm M - noy;A Mr Nv f,!uWrYtlnyl n IP w!kM�°p^ dl tv II .hlleidk dna II v-m°udlda;in d he flop;^uld d�.,.hjo'Id r> .. II'.huanll,M- e. Ii1111111i uw and Hllld"".'o ................... lWbakik ,IVIrrral+WI"A t Int M*w G1Iri9n1liwF llioc PN`dw'A .. .. .. .. .0 rVd.rR Ntl �E..lYQ vh n'a �rYw d'x �Yw'NI PIGS. ,tl a ngy 'w of I j r�'rw llVM?u 1]1Py qry wup'p'r Py dwwgjkoIII h IIII 11 rl og 16 Ap o,M (n dI;I rlr'b,MA Ill rl&r,�-..,f PIN@^'fN1rrFG'n nrcr Ffe P;ryPN%4 hn'nf hor rIrarkws, I1rAwflna' a, allormnn daIr ,X m I.A '!'ha 1!Pp N .111 KM VIR r.If d � 6r0'1. ovm9l@W' 1n III v y611. rC4 1pai ( X otlm ^111,y -0 } rw!vr Xi) Iolpr pXuau:M Y'u'�w lu:U IOU luarit _I XW n di lrmnkk IluuM"hm. cAtlln. ,X Fq LA '!'lib Y 115411 KtliIN C If Iuw fN I't 111 the IndI,leaa5 m r •oma I o,�cikl, 11:, ¢,erdlv.ln wii¢ te., nu.un r.M dned alknnflu Iveh �X11G Ii".FI !M'tln 9 jIaT.tlmnPl;".M'ihr r uIrehi romaII'%Peo"'117. „N"r`r',W: ',kId p p4o41 d'NruaAq . a nn nrgu{.,n rn 1rsa -,,f 0, VVuoyq,,,, .... .... .... .. Re"PIDC'L IGy� ,III rtilIv. d wviry •Ici) In..'u'"AM ,X ALy ➢„ 'P4*4 G Vlei a µd y 9 ✓"-;6ypI AA. Check eu'k 'h e X r"G Ah"11 5d Mr9 IVM°.gd w anlh, GIwlNxf.odhA- Wm NkkM' ki�rr,'WA IIv,uBur nlaauu ,,. .... .... .... .... .. YPw N" 11 �J Mm Qin wll n'111 ,tl 'Yovayw 11+4 fq+,'YN",M ic" ILI ii'm:l V'Jk" aA 111 9flrrkif.d' �} iWl ry Ki) MM°nIGV's P.Q IIII oP:ln 'I XIIL I flldnk Illlni, MIKE ,X xiovig, IM1 ,ro IyNr 8aae file” Yvm' Il uti ,:AB R tlC IpJlfrwlmlldn Only r.amanupwy `21� ¢11.111 IM tluyLVa I. Qa lMR C'C: IVvd'tde a ally°d .... .... ... s Clanugt 21 Grr;ke twiid. .... .... .... .... .. FA11W,m roc Iloun :) mn41d WnA Inns fillW 'G,�eA' IIM ihe CwLxI1 �vme.9 qNN d nVl n. eunfu.0 ,n r,... ... ,. ... .. r':u m, r aw M ww� iAw ulw rnnue aur oha^ 1 aau— IYIIatn,Nlnr'a Nan�n Ilp City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 651 of 1360 Item #3 Surrounds Mower =11 Q'UYCK SERVICE REFERENCE REELMASTER 3100,1) Model AH Models Seriarl 290000001 & 'Up Engine Brand .................. .......... Kubalzi E ng i ne Oil (Chart M�. . .... 4 Cgs ...... SAE 1501-40 5, H-4 Engine Oil Fillitei . ................. ........... 108-3841 Birearther Element ................. .......... 98-9493 Hydra,ullic Oil Chid RJ. . 3 5 Gal .......... ISO VG 46 Hydraullic Fiftei . .................. .......... 54-0110 Amir Fillei ....... ................. .......... 108-3811 Fuel Filter Spin, 011* ............. ......... 110-9049 (2008 & Jpp Tike Pressure .................. ......... 14 - 18 PSI 4Front & Rear) E ng i ne C otollant. t.5 Gat(..._--. Ethylene Glycol, Water (5050 mix) I Refer to Toro's IpaIrts inianual o Parts 'Jewei for ®Iiia -Diesel ruel filter(pant numbers. Recommended Maintenance Schedule( , s) Maiiiii Servica MpAnli Pracaoilro 11ti 11u1,,T rpi," Iroque tnin rt13 lorque Uie -ehem rtis I" fir"'I It ftmj� 'andtiart ard ismkir, all timlls, tnji I Rmo am 9ne al 11waW 1hre arnfm (raaRirl 11i, 9* tt'ilwAlk" lukil d0,* Ch@6 Inn bra, :Xlzs%um. 504*i�qw;p Yii rw Inn inimi4ciflixg.,kaft mnta-t C N arl- I ho ince flit -,6 wiTiOmm E.h@6 lie hychmAic lirmi, anI naoses "ows 44 Mo M4-th'K.,k, k-nApj 30 da"tit., I Furl 51) incorr, Awf, IXN,410v�, dai�, M"',wi T.:Kx1,ct1xxT.% am du.q4, mud diii 154,j a r howij 40�6 w Y a 51140ark d50 hiow$ 117tani irii ii Troque the gat¢ mm4 W3 Svwrrx rMa a," damniar �,Klli in oxnarle cxhvy ar dilf caildhwxs.� 19,14 PwWit�14 N'ao? wI�wirmKt IIhaMNd M4 hy"'Ir"ACCIP., flla.K 0"&Iha ftati inai andcorrar.hon.% 500r4 401 hex,jir+ kprarim ria ri Ww rzirrstaf, II IN ga yam hydrnt.11ir twil htx,jir@ Ii Me Wri-gi in " mar ax1g, 1.5mx anid dear, ifne fuel lank 11' vm- le"w Rhe kev:in Thl, c,yuld accidemb- rvimn ific tniginit, and ?wrqwmh' inirflim lG,,wxvi,e the k"., fixm'. ihe bf-tb,%cwh CIO may. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 652 of 1360 Item #4 Triplex Greens Mower =I, QUICK S ERVI CE REFERENCE GREENSIVIASTER 3150 Model 04357 Serjail 2209DOOD1 iU 1p Engine IRlrarld ................... ........ B,&S Vanguard E ng I ne Gill (Oh.,art K). .. . ... 1. 75Qfs .... SAE 3,2 SH, S Engine Gill FlIter (Torc) ...... ............. 107-78,17 Engine Gill F111ei . .................. ........... 11492932 HydraLflic Ofl (Chart F�. . ..a .51Gdf ......... ISD % G 46 HydraLflic Filter ................. ........... 107-9531 Air F[Itei ........ .................. ........ *aS4,D18's Air Fi4ter-Safety..... ............ ......... *272490S Fuel Filter hi -line .................. ......... 94-2690 Tire Pressure .................. ......... 8-12 PSI (Fu om) 8-15 PS11 (Rear) "Indlicates, Briggs & Stration Pain NUmbers, Rcommendled Maintenance Schedule(s) PAJ into nwita sdifyrta Imerval Ow rJne Ory qclw a ClneckMe u.41(jf p. ial flie vdle�q nidt' Ate, M.? trsj1K), hrkrs C:;heck Me ur(v'o 01 111le M)6+q filub" Afi,rr R:HJje rj"°A 25, 1I111,kjjn•C.�hal br .r. Ifie enp. aill www fillef. Affir Re 111"Alls "'halqr. Ifie hydiaul�i:� fihel � �heck Ole ervyine P. IM pl ktle And 11"M WO'dfifl C;;heck Ow engine ad cncck 0 !' hrpliraMk (10VIf W)"O Br'krr F-arh or Vlary (Ah: Lh, 1,11? "'�Oery TW�Ikx.A systen In"'we"T, and k�eowlupi aft"Er mwrig ("Iheck H:w hychrw.flir. Iliurxes widhase�� Grea.;m 1w mw�krl@ Mlv"o ervely W8910(11*j) SoNire Che ar r u ;w lumi, jym rluVwr Ew@iry 511 hcg,im a e dklsly of dhdyo' Opuxk op t":0-ry 11F)WO ClhLk IN? t!rMtel � C able t' wrwcHam" °aeNice tho ai ""'Jatjwd�je OImoj"Q frtqfewflllv When Are E:wery HD.l Oumirs IuSN 'br dot�l C:;h-mn RIO olgftv.' 01H 30"d M101 11 F "I'll Cheek Me ue(v'w 01 HIle VOMX Aidt" V>@rk t"urw�0 J:)kp"jrnNg p @K:p1 jqpuq1qpo, Rr"Ploor'711'1y wark JAd95 ReKARop r.he IUM filWr. (.hrw)W Me NedraAjk, hydiauhi: fifiei Owk 'Pie rmgilne RIPPA tal kle and, full WrYIOFM C:uhed' 1he UVe (Aeararc'e Every 2 yeas Clneck' Me 'Ai# -1 firie6 and RqJ1W"r'- mu-ol V'T' k City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 653 of 1360 Item #5 Wide Area Rotary Ill 0 QUICK SERVICE REFERENCE GROUNIDSMASTER 4100A110 -D Modlel Tier 4 IDil 30608 & 30606 i niClUdi ng A nwodells Serial 313000101 & Up Engine Ill .................. ......... Yanimor Engine Oill.. . . . . . - . ...60t ............ SAE I FW -40 CJ -4 Engine rill F111ei . ................. ........... 125-7025 Breather Elenient ................ ........... 100-3715 HydraAfliC Oil .. . . . .. . .. 7.7-91C-af ........... ISO 1,)G 40168 See Specificabons 1Bedllcw HydraLflic(Filter.................. ......._..7.5-13°10 Tractil Hydraulil Filter ... ............_...94-2621 HydraLflic Breather ............. ............ 115-9793 Air Ill ....... ................. .......... 10&3814 Safety Air Fliftei . ................. ........... 108-318116 Water;Separator Eleinent.. ............ 125-21915 Fuel Filter Sl On ....................... 1215-8752 P Il Gear lDrive .. ..22 Oz ............. SAE 8-1;'0;14,D Rear Axile . . .... . . .... .. 8OOz ............. SAE 85'W140 Rear AxIle Breather ............. ............ 110-48 12 Tire Pressure ................... ........ 25-310 PSI (l & l ,Cast,er Tires ................. ...........50 l Engine C oolaril .......... 90ts ............. Ethylene G111y,001, Water (5V50 nlllx1 High Vmcosiity lin6*xtLow Pour Point Anli-'4 -Lir Hydraulic Fluid, ISO, VG 46 l Properties: visr.-Ds,ty A8 Ill M II 445 c8t ejo, 41l 44 to 48 c& r 1013N2 7.0 to 8 5 Viscosity Ill idex ASTM( Mo to lrao l Pcxr Dc)lni, 0,Fr Nl D97 34"F [(a 49'F 111111duste Specifications: N1 -20-S Vickers 11-28C4`3 (Duallity Levell), 10cl % l HIF 0 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 654 of 1360 Recommended Maintenance Schedule(s) Waintimance Serilce Wihl*mofto PwOdUrIlrnrwIo T,XiGpe: 1110OW1 IIII ITIOW C'Mec�O MIens l J+211 ion I lq' the ar.mrnrdgg N"It tenmoniv Ohl'trk Me,-. Uade: JOW'e: IhW tav�(wi fiie rlisl 2 10111 fut ws I C!Aungje Me ftad INhar](Ally g*"IN (J11111 Me ,A�llier Oh'*Kp"' I'e4w 'We q"W Ctef.* Na. e1rlpRre of Jewell C74•rh MII IE"W�4 C1g1000 Me IR IP. I'd i'd 1110i'd Be�clu edIhme' Zr Ludy CMef.* nhp. lln- preirXl iirp, ODPWK Wo" a 0%21*1 111HAK:U40 121gain Na" II un 'O.kku sep:v akil Rfmr,4v, aill WMs mr] Caff N'Orl IM eingfine znmparimcnl, moa; izmr ani cid Ocaer ("Rwh ft, Infolixk Wfoh CIf"011W 11 III)FKAR alll gn:Ui�rm 11G1,111gs kjsp"11 1he in e'it";)Irkfl Ev,IMI Ule IIadp 'Irve [Wtfl *A115bw CHOW (XA Iffllkx�s� instnd the woting Fysteni I cGes anid clamps. Evely lN rkma « CMeclk thealRemVInr bell I&Ision ("Rwh ft, W'H femkir% E: VV'ly 2I�II0 tmnw Txcluf� thewrpmi lug I CT"V�N� 10e, 00��Me 0� 400 111P4 Eyery 2501 Motif,,; Ckani Me cab all ITRENs. (Repluce. Thenli III 11"ey are tonli up Emce5vyely I ti*aur crndViom,ig ml u171I ai.Dn- trfquprlt6 iin P.ATemF4y rlu;,Tyar dirry mnrfrhonS;) CMPOk the I ge'19 CrIVE 01111 ('Mef'k M - I a4e. I'At5ftwIl C'Mec(ktiMe Ireag w1c ge-w box UubEiiIcant.. E: VV'IY M0) tm:nw sffvucc rihe, airilrer flit the IImar.uoNar maw,.i rely� &msp,,c1 Nit, RIO Ilw,5 and FkplI 1he wzler sepmWirtuel Iffla wriM.er. ;q'Place 1111 Eng -ire Mel IM Dlolls ang mqn NIP. llje 61ange he 11010. JvIlanetavy gew UJI1111. IKA yewIty' M1111che'm comes fiffsl'� 121%'1111K]e 1he Mar JOIF, Oki 01411trk tlml irwr III Eyery 0001 nsl:w,m,O Te t9ade cirw jells Ctang� IhiF, hormihr. al hk lh'11COW4"; d�1111 FIN!fs insl:n,o the sude cutting juniiI. JaiI insr.wer, 17,p cuttnrl uril rnMnr YkMeOl wsembhes ExI.wV Mheldk Agid adIlsst the w.kve deara ICr I:Nriv UDOD ht' urB i1nd eft;'Irl We FARf fIo aT "Pol) City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 655 of 1360 Item #6 Fairway Mower 0 1 SERVICE REFERENCE REELMAS7lER 5410 + 5510 erD (2 5r 4 WHEEL DRI'VE) Idttrdcfel'ii lr t Ottesel 016729 03667 Sell 315000101 & Cis Engillne Sr it ......... ... ...... Yann7ar Erl 40itl �Ctrart A) 5.5 Its _._ SAE 1S -40 CJA Eingilne GI'Itl Fluter ...... ...... .. 125-71025 HydraluNc Oil (ChRIF�, .,'tSGat,,.n., .,, I50 %'G 466�8 Spe filcation Below HydraItiallic Filter ....... ............... ............ -2621 Charge fluid Filterr,. ...,...., , M-0010 AIr Filter 108-38101 Water Separatoi ........ ........ . ......... 125-2 1.15 Full Fullt r', Sloan On,. .., ...,..... 127-3075 Tlire 12-'15p PSII (Front & Rear Ell CooIarut.-,.— 70ts....,.,.... , Ethylene Glyflol, Water a 50,150y Irnixl Re ommiended Maintenance Sichedule(s) IMa1llrrtoaaanl v Si Ifs!'4wt"w-1 Ifyy+ar'dl'I fuY�Al db 1" wtd1,A�>w rtl9r P ii 1W rg Aof;;ati,V6 r Ir1N,'war. the wrbnr,N^ l l ug mauls III, gwp lur :22 N,N rIu IIfl.°o tia,, 10 fltl.4bq Alpo Y Ow UW T tloe luuC,S lb err &fur wrba.r�f Iluq prals to 1wp Ru :22 Na run u'rtU 911',°"M� RN.dl.ip. r C„her Ida^ .Ily.wmn oge w bc1l: lel e.xn + C:9Noro r gdaa eukipIl i leve lel. {,go-;;yi r Otm+ iC,MP„all va S,'AdOUVVp. t o, rNu Art; 4,r Id T^'. {'iV�Nile"gal ld Vl: r8'yFAi"i QF,".1YC',"I. rrle',9 6P, GRe'd1kV9ae ca d,d 9nje earau a .r odlally + C° he:A: Ids o;illivabor, Iron lha nrN^ogux* snW ildwi;;. + I'krrnme dolliiIlnN 9lw000 ram ;urr�eln and Iraoda Itol" d oi: M o puVI rre¢ ieglxnflp In diltN^ ��dov91 a fal rw�op6ddUB �Gd'ru r o, rNdt; p,r 9"ll °P,ye',dr'i EUA919, 11145 MNI'INl illIrM'bUGI'IC Pb 5, 0'VY4'" d VIN ” , hAUC'c ogulx Mwtl[I'na'M ,VYdlr"�Yg"q,i, ;rlVyt II w'n•r"Cgld'9f�dw, wti"ry"d0%tpli dmPNl ornnylJ'gbn, tbtlwd ^�"Cali+pdOw'ibN u6V 9d+r¢dbflMgk>"d'u. ^rr' 1, a, GVW^ bloll N1l'0 DU,411-0pp,r moPar, r" r T^ VI IIVw lr'oiIil MOY ualiv,I „V "-7v uM�1Tig ve U1 Haim '" rC%93II tlk d M l IlNelw'rl IiI"Ailla X �" 4,II.N;N 0w, CI xti'IUd I W " 11.1 ),Yio d d6'l iu U'bay II)M"Ilge pi (Ah. It ' baB'911dr µl t 1,41 tlilwtlri6rvf 9w"wpVN. 'IrM Ipis?'lIX YI 11M f rx�NIIG %p pdnhrw,„pml h P�°111V. fl°VY dlltirf ga"lu Rl"Pil L r �„�i le r Idx" xil aP.'°p'nal W6 Qcrl', GR',",IR`✓a'm ILivA: ly 201;, N"ii ^3 + ^°Ae r Ida^ rre� neanlig Frm. rDalyd. II drp• w. d1 Xw,a�prw; a2 loo q4V 9io wwMad9rA✓Iliad rl,ll,i Nr 94 IV : 0 PJ a O,71)! ft", X, il11"'II. dg,7rledUgC4i";"o'gq'wmbC ANIu11'$9OCT aowx:e mile all II Ilrioe o II" eurowur^ II le lair I tlil, n�l ewfiel 11 0leA Cur adlVbanm ir?rkrtntl¢ra shwmIA , pi "wmme r Il lrTuolr"4"tlrrplmnli y Il ruffr^Apl6y Orly of Alisty Vxn dilourtrs I 4=,•rpd"r 400 tlotll"pa ,4rq:U6aci• GVilr i"pkM tlolNi I I-,uN7orMerr. I�,r A` ur rr Il'o eilvljiub loved WV N"'lpl,PDIl jpuUr R"".j a�Amd. tl4aPUJ�'O+orrtor"Itllll:eb lafdr,y?fid{,(°, !4 w, f4gWPWh rIOWr'u. + R'dhro r Ida^ few wwi l tlulr In (,Iod' l`ge oC'a y6p^dlok"MI Fold E 4elly NN, d a,M„tll"^'{ Id' IX 1-irlidi alilipc i'tl'ml"'s 0 °d WA'iilkl!','IIII the i II I'Vtunrw II'Oe.m:al We' IIS. ,n G'Q'il Rb*.V':l , F1'gI* "JI'V v ew .41"E.4 4N. aulrm)6 rrwl?6,11°wdfl9M e, ra Ikk1L1 the IK("' , Hirsh al it h os-aahing„ sphim 1111.1111:I Dranlrc ands Vrre5h 19 f hydrvall lark + l'�4M^rr.Wn'1C8°.YI IeAd Ynf III Cp V"iia„a,^;M;rs City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 656 of 1360 111I�11 IF, Customer Delivery Date Product Name Model # (s) Serial # (s) Invoice # (s) This Certificate of Delivery form must be completed for all machines delivered to the customer. As each item is completed, it must be written on this form. The customer is requested to review and sign this form at the time of follow-up. This form is used in conjunction with all pertinent pre -delivery and delivery instructions as outlined in The Toro Service Operating System. SERVICEFINAL INSPECTION Basic Checks • Grease fittings are lubricated • Tire pressure is correct • Drive belts are adjusted • Fluid levels are correct • Air intake system is sealed Operational Checks • Gauges read correctly • Implement is functional • Brakes - uniform/effective • Safety interlocks function correctly • Steering is straight/smooth Levers operate smoothly CUSTOMER INSPECTION Operational Checks • Cleanliness • Fuel Level Full Tank • Height of Cut Service Manager Signature Date SALES REPRESENTATIVE Delivery Portfolio Complete • Operator/Safety Video • Operators & Parts Manuals • Recommended Parts List • Distributor Resources Info Demonstrate Operations • Review Safety Features • Review Basic Operations • Review Basic Adjustments • Operator demonstrates basic operation skills • Review any unique operating characteristics • Attachments as stated on sales order • Satisfaction Follow-up Discuss Maintenance Requirements • Review Recommended Maintenance Schedule (Daily and Scheduled maintenance) • Review maintenance requirements (unique to climate) • Review specialty tools available • Reviewed extended warranty (TRIPP) Sales Representative Signature Date . I have received the operator/safety video and understand that it should be viewed for important product operation information • The preventative maintenance information for . The safety features of this product have been reviewed with me 0 1 have received the operator's manual for this product product(s) has been supplied Customer Signature Date Part # 99021 SLAG Revised 10/28/05 White - Customer Yellow - Sales NO -age 6&,W T360 SIMPSON NORTON CORPORATION 4144 S. BULLARD AVENUE GOODYEAR, AZ 85338 (623) 932-5116 FAX (623) 932-5299 S I M P 3 O N N O R i O N The Service Network CUST.#: 42614 SHIP TO: CITY OF MESA RIVERVIEW 2414 W RIO SALADO PARKWAY MESA, AZ 85201 BILL TO: CITY OF MESA F420 - PARKS & REC - MS7010 PO BOX 16795 MESA, AZ 85211-6795 Order Entry Demand Invoices INVOICE INVOICE DATE INVOICE NO. 05/11/15 1465124-00 P.O. NO. NET 30 PAGE # F42015006490-1 SHIPPED 1 REMIT TO: SIMPSON NORTON CORPORATION 4144 S. BULLARD AVE. GOODYEAR, AZ 85338 INSTRUCTIONS PRODUCT TERMS QUANTITY QUANTITY NET 30 SHIP Point SHIP VIA SHIPPED SIMPSON NORTON CORP. 0/T Fred B 05/11/15 LINE PRODUCT QUANTITY QUANTITY QUANTITY QTY. DISCOUNT UNIT AMOUNT NO. AND DESCRIPTION ORDERED BACK ORDERED SHIPPED U/M MULTIPLIER PRICE (NET) RONALD.RICHARDSON@MESAAZ.GOV 1 03780A 1 0 1 EA 0.00 84687.49 84687.49 RM7000-D Serial #: 315000105 2 03710 5 0 5 each 0.00 0.00 0.00 27" HD 8 Blade DPA Cutti ng Unit Serial #: 314000204 314000205 314000206 314000207 314000208 3 03716 5 0 5 each 0.00 0.00 0.00 27" HD Verti-Cutter Serial #: 315000107 315000108 315000109 315000110 315000111 4 30552 1 0 1 ea 0.00 0.00 0.00 RED CANOPY UNIVERSAL SUNSHADE 4 Lines Total Qty Shipped Total 12 Sub Total 84687.49 Taxes 6351.56 Invoice Total 91039.05 Balance Due 91039.05 Last Page Cash Discount 0.00 If Paid By 06/10/15 Page 658 of 136C O 4- 0 LO .... 0 .. ` 000 Lr) O rm-1 0 N 00 m zT 0 ''.... IzT m m l.0 ON l.0 o k.0 rN-1 l0 oo ''.... W oo ''.... 1, N 4 ''.... oo l0 ''.... —1 W Q) ''.... Q) Q) ''.... W W r-1 '..., O l0 ''.... Ln l0 ''..... d• d• N ''.... r-1 N ''.... N N ''.... N N r-1 00 M d• O l0 r-1 O M N M 00 M O r-1 M N d• 1, O M 00 00 d• m m O r-1 N O 1, d• Ln N N r-1 r-1 d• O O M N N N m m 00 r-1 1, O O r, N O Ir) d• 1.n Ir) l0 Ir) N l0 O M 00 1.n lfl Ir) 1.n o0 1, n') 00 M 00 d• O l0 N 1.n d' 00 d' 'z c-1 r-1 M m m 'zT 00 1.!) l0 1.!) r, 1.!) 00 N Ir) N 'z 'z O 00 N O M M Ir) M O O ',, ',, z OU ',, ',, ',, ',, ',, ',, 0_ Z = W W G Z G > Q Z i G G Z G U U U W •v i > N OJ Ln In 00 : In a0 O m p Q- U— C f�6 U O aJ QIn C aJ a0 Y X O• j O ro rYo iZ O In In E 0 In In O ',, ',, 0 (D Z U_In ',. ',, ',, ',,. In_ 07 W In U Q_' Q In co In W i O_' In �.,e i �i O O 't7 00 OJ � + +' 'a Oi O_' N ++ N In V) M N i U O In ,r }, -t7 N In m X > �- �- 't7 't7 f6 W f6 O O l% i N m C O > 'i O C,ro *' Z •f6 In > Q O U C 't7 i N c lj � Q O�......� �... �.......� I}n O Q........� �....... m v �......� aJ..........0 .....� �...... v.....0 E E v) In Q c> a c o .� W? ?i m to 3 00 J O >� C U n1 O Z O ro iZ O O O ro � 0_ O U Ln r-4 Z U N = m Q Z In C7 rp 0 O > Z) to 2 J U Q) l0 O r-1 to O r-1 O O O ry d• Ln W r-1 O> r-1 O Ln O n r-1 N Q) Ln Ln Ln O r-1 N O N N M r-1 N �T Ln Ln O Ln 1, Q) M r-1 1, r-1 M O N r-1 l0 N —1 4 m O d• 1, O d• 00 O > r-1 m N N O W r-1 l0 O Ln r-1 —1 r-1 O RT N ',, N M Q) r-1 M 00 RT ',,'z r-1 'z ',, r-1 > ',,'z 'z Ln ',, N r-1 'z M ',, —1 00 —1 ',, N r-1 ',, N N E E Q o E E v— ,n c E 0 E C E E E ° W E O u E s v C) Q Q o C E CU° E c g o- o Q- '- u ° t Q _ -Z o v E E Q 0 0 oE o OU 0 Q In E U Q U N �i `� E -� °� V +�.+ +�.+ + � > ��`` O_ C In o ��`` CdJ r'o r'o In In C E[�6 E u U i i@ " 3i @ N U In In U EOV-a � C — 2� - -0 Q UO NQ) 00 � 'Q E E C C a . v M =C U sn 0> .2 >, a C o -a CE uO a a a n� n n a a n a a UU _ a N C an 'i -0 T C N C N C f6 N 0D U C:�, O N C C C f6 1cc� N _ C �n �n C > > u J U ',, ',, 0_' In ',, G ',,. In CO CO ',, Y ',, Y Y ',, m ',, U 10 In In C In �i O -a ate-+ -� iZ E V O) C -a U [6 N Ur > > >, i -a O O) O 110 O E C E �- f6 O) ,� U C U =_ (p i i 'a i C .0 — U i c G In J J ',, In J Y ',, (D G ',, 0_ 0 Q ',, G J G m cU ',, G W ',, W O_ ',, ',, coo, ',.. C ',, ',, C ro O C C iZ j '+ O - .2 aUC_oE o u ;� U •0 •0 '0In In '—' Its v v E � a, •a0 v o Q......... E oO to cO a, EIn E u p_ cO a, In E UO C UO UO UO C C o +-� +-� E i : O) c .0 � O i i i U C C Q / � ,,, ate-+ W rUO O ',, E rO O 0o co ',, co In O E E U L3 C L3 C i 5 i W W_ a C v c— C 0 Z '0 '0 U• Q Q C w In O Q - - - O +Z.+ +.+ �O > C - - i C C= f6 In U C J v E E E E f6 a 0- a u U U w (7 z= Jccc G G G ',. O_ ',, In In V) ',, In V) ',, In In O 4- 0 LO TAB 4 -Pricing and Compensation Forms. The cost portion of the Response should include the following criteria: 1. Provide a Price Proposal. See attachment A. 2. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. We have six Business Units represented in this proposal. 1. The Toro Commercial Division pricing will be 21.8% off current MSRP of all wholegoods, attachments and accessories. o For the City of Mesa, the Parts Program will consist of offering discounts on high usage parts such as belts, filters, tires, etc. The discount on these `Performance Parts' varies by product group but ranges up to 50% off retail. These prices are reflected in the Parts pricing in Attachment A. 2. The Toro Landscape Contractor Equipment (LCE) Division pricing will be 27% off current MSRP for their landscape contractor wholegoods, attachments and accessories. 3. The Toro Siteworks Systems Division (SWS) pricing will be 17% off current MSRP for wholegoods, attachments and accessories. 4. Golf Irrigation will be 40% off MSRP for all wholegoods, attachments and accessories. 5. Residential Commercial Irrigation will be: o Irritrol; 40% off MSRP on wholegoods, attachments and accessories. o Rainmaster. 17% to 30% off MSRP on wholegoods, attachments and accessories. o ResCom : 40% off MSRP on Wholegoods, attachments and accessories o Sentinel: 30% off MSRP on wholegoods, attachments and accessories. 6. BOSS: 25% off MSRP on wholegoods, attachments and accessories We request that our dealers and/or distributors have the ability to add attachments and accessories designed for use on Toro products but manufactured by a third party. These are items such as snow throwers, snow blades and brooms that attach to our products for use in the winter months. Each manufacturer of these products provides their own pricing, our pricing would not exceed the manufacturer list price. If there were any shipping and/or setup costs incurred by the dealer these would be added to the cost of the product. Used and Demonstrator Equipment: Preowned and Demonstrator equipment is available from our distributors and dealers and pricing is based on Fair Market Value. The FMV of used and demo equipment is based on a combination of factors from true leasing which sets residual buyouts to hours, condition, age of equipment and current market pricing for like items. Our distributors typically publish a list of available equipment including the pricing. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 660 of 1360 Financing and leasing: Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. Toro has contractual relationships with three finance companies that compete for your business. These are PNC, TCF, and DLL. Because of these relationships we have developed documents to help stream line the process for our tax exempt customers. This includes the credit application, approval, and non -appropriation language. This nationwide team of finance professionals has an in-depth understanding of tax-exempt financing. Based on tax-exempt pricing($1 purchase option at end of lease term), the monthly lease rate is indexed to a spread not to exceed 450 basis points (BPS) over the like term US treasuries (as published by the US Federal Reserve Statistical Release H.15). Individual transaction pricing will be priced to the market based on specific transaction details. For Fair Market Value (FMV) leases, terms from three to five years will be available. The monthly payments will not exceed 3.5% of the award price (at 600 hours per year of use). Alternative hours and payment terms (skip pays, annual pays, etc.) can be quoted by one of our financing partners. At the end of the lease (assuming all terms and conditions of the lease have been met), the equipment may be returned (subject to turn -in requirements identified in the lease documents), renewed for an additional time, on mutually agreeable terms between the parties, or purchased at the then, fair market value of the equipment. Included in this proposal is a hard copy of Toro's current MSRP for each divisions products. Electronic copies will also be provided. Any product, attachments and accessory that is on these spreadsheet is available for the stated discounts. This price model provides an aggressive discount to end users and is easy to calculate through a discount on MSRP. We have many products that we typically do not discount, we refer to these as proprietary products, but with this contract we discount all products with the same aggressive pricing to provide customers with the aggressive pricing but also make pricing and auditing more efficient for all parties. We will provide the City of Mesa and National IPA with current copies of our MSRP pricing so customers can verify through a third party. For Commercial, we also have a pricing system called iQuote that we load pricing from Toro and is used by all distributors to calculate pricing. This ensures the correct pricing at each location. Here is an example of this quoting system. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 661 of 1360 diet P1 iciirrg Bract Qwanfit.q C'asborvueirSM, rQuitktie SF13[TartCSuulpmqmmlted),: Traction Unit Quantity 1a"9 Choose a (Program Trade In No Apply Performance Parts Pricing I f"o V,. UIU „tlUw.,,,wa;¢re fi (IIIIIII (IIIIIII IIIIII GM 4000-D (Tier 4 Final Compliant) (30609130609A) Qty Description Product ID Ext MSRIP Ext UNET Unit Award (Price Ext Award Price GM 4990/-ID (Tier4 final C—Pli'amt) x $77,899.90 y�34,529.00 (30609/ 30609Af ::9.CY.�.G.!.:r.... SUBTOTALS $77,899.00 $54,529.00 Toro (Protection (Plus x None .. .. 'Nq TOTALS $77,899.00 $54,529.00 WARNING: To avoid violation of antitrust lours, Distributors imuist estalhlish their own retail (prong 3. The City's expectation is that the proposed pricing shall include delivery to Mesa and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. The Pricing to the City of Mesa includes set-up and delivery of wholegoods, attachments and accessories. It will be the determination of each of our distributors if they want to charge set-up and delivery fees for orders from other Participating Public Agencies. This pricing strategy allows us to provide a more aggressive price on wholegoods, attachments and accessories. 4. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. Toro typically has changes to our MSRP lists once per year. As our fiscal year starts on November 1, we plan our annual changes for that date. Our goal is to keep our price increases to a minimum to remain competitive in this market. For 2017 we have implemented an average price increase of 1.3%. On occasion, we have to veer from this plan as economic forces cause our costs to change more dramatically than anticipated. We do provide at least a 30 -day notice to our distributors that these changes are occurring. Over the past 3 years we have been able to hold to our plan of once per year price change. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 662 of 1360 There are other factors that also impact our pricing. The federal government mandated changes to emissions, known as Tier 4, this has significantly impact pricing on our diesel, non -road, 25 - 74 horsepower products starting in 2013. These price increases have ranged from 10 - 20% depending on product but Toro's products have all transitioned to the Tier 4 Final engines and are therefore reflected in the current pricing. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. Pricing is most favorable offered for contracts of this scope. We are continuously provided with feedback from field sales representatives concerning the price/value paradigm versus our competition. We evaluate this balance and make changes to pricing as needed to remain competitive. Toro also strongly believes in reducing cost through our processes and utilize Six Sigma Continuous Improvement Tools such as Kaizens, Lean Manufacturing, Process Mapping and D. M.A.I.C.(Define, Measure, Analyze, Implement, Control). Every year Toro establishes dollar values goals to Continuous Improvement and tracks and reports our progress against these goals. These procedures allow us to control costs which means controlling price increases to our customers. In the end, our customers make the "Best Value" judgement and buy those products they consider "Best Value" . If we determine we are no longer "Best Value" at current pricing we will request changes to pricing. 6. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. As an added incentive for volume purchases (single purchase order), Toro distributors may provide the following Smart Value Program. This program provides the customer with a level of dollars available to be used to purchase additional whole goods, accessories, attachments, parts or extended warrantee based on the volume of purchase according to the following scale. Purchases at Retail Available Dollars $150,000 - $199,999 $4,500 $200,000 - $249,999 $6,000 $250,000 - $299,999 $10,000 $300,000 - $349,999 $12,000 $350,000 - $399,999 $14,000 $400,000 - $449,999 $16,000 $450,000 - $499,999 $18,000 $500,000 - $549,999 $20,000 $550,000 - $599,999 $22,000 $600,000 - $649,999 $24,000 $650,000 - $699,999 $26,000 $700,000 - $749,999 $28,000 $750,000 - $799,999 $30,000 $800,000 - $849,999 $32,000 $850,000 - $899,999 $34,000 $900,000+ $36,000 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 663 of 1360 7. Provide information on any ordering methods — such as electronic ordering or payment via pCard or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so, please provide the percentage discount. Orders can be faxed, mailed or emailed. pCards and EFT can be accepted. All pricing is at users net. 8. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. Payment terms are 0% 30 days for cash/check payments and EFT payments only. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 664 of 1360 Attachment A REVISED PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 Toro Sand Pro 5040, model 08705 $ 17,423.58 MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 Toro Workman HDX Auto, model 07390 $ 22,481.84 MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 Toro RM3100-D, model 03170 & 03189 reels $ 29,530.85 MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 Toro GR3150-Q, model 04358 and 04654 reels $ 29,773.88 MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 Toro GM4100-D Tier4, model 30608 $ 62,262.63 MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 Toro RM5510-D Tier 4, model 03607 & 03641 reels $ 58,619.52 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ 220,092.30 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Toro, part# 108-3808 $ 15.98 Page 665 of 1360 Page 666 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) Toro, part# 84-2280-03 $ 13.35 MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) Toro, part# 54-0110 $ 9.98 MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) Toro, part# 108-3847 $ 5.29 MANUFACTURER AND PART NUMBER 11 Bodlitiniifyfor Surrounds Mower (see item 3) Toro, part# 112-8910 $ 99.99 MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) Toro, part# 112-8915 $ 291.12 MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) Toro, part# 63-8600 $ 32.95 MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) Toro, part# 107-9531 $ 8.49 MANUFACTURER AND PART NUMBER 15 ltoLairy I1311yd,yfor Wide Area Rotary Mower (see item 5) Toro, part# 106-7166-03 $ 18.50 MANUFACTURER AND PART NUMBER 16 y#IIFilter for Wide Area Rotary Mower (see item 5) Toro, part# 110-9049 $ 15.33 MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) Toro, part# 127-2998 $ 16.30 MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) Toro, part# 127-3071 $ 562.35 MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ 1,089.63 DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT Page 666 of 1360 Commercial Division Products (large mowers, aerators, 21.80% sprayers, infield groomers, utility vehicles, cultivation and B GOLF COURSE MAINTENANCE EQUIPMENT Commercial Division Products (large mowers, aerators, sprayers, infield groomers, utility vehicles, cultivation and 21.80% debris equipment C RELATED EQUIPMENT PARTS Commercal Division Performance Parts (City of Mesa up to 50% off list only) Pricing is reflected in parts market basket prices. D USED EQUIPMENT Our distributors typically have off lease and trade in Depends on age, equipment available for sale hours and conditioin E BALANCE OF LINE Golf Irrigation wholegoods, accessories and attachments 40% off Residential Commercial (ResCom)lrrigation wholegoods, 40% off attachments and accessories Irritrol Irrigation wholegoods, attachments and accessories 40% off Rainmaster Irrigation wholegoods, attachments and 17 - 30 % off accessories Sentinel Irrigation wholegoods 30% off Residential Landscape Contractor Equipment wholegoods, attachments and accessories 27% off Site Works Systems Equipment wholegoods, attachments and accessories 17% off BOSS equipment, attachments and accessories 25% off Allied products provided by third party not to exceed list price DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 11/7/2016 Toro Date: _ 12/9/2016 RFP # 2017025 Page 667 of 1360 Page 668 of 1360 Cycle and Sauk IProgrammniing Day Prog—ming 7 SUP OddE.- 114. SUP. OddJE.- 14, 36, Slk,,p, Odc.'Even FrOgTarnmijbIle Raiiin Del my 01" or qr Raiiin&feezeMoiiistuire Sensorlinput or 60 40 Weatlher Center Inputs WO Adwarzed Electrical Fault Detection 01 Adwanzed IFlow Sens iing to MasterValve and Puirnp Cointroll 111" Ill" Sham FIIa,w Sensor Opti—A Olptonad RoMamTM Buillt- n ProlMax`e Rate Ilnterfrace #1 w #0 TTainsforr— MN um Load '1.5 eAMWP5, 1,E�AMPS 20AMPS Wanainty 5 Y.— 5 Y.ars 5 Years NA,5F,A,r)V5 JR,114111AI", Page 669 of 1360 Groundsmaster" 4100 -D/4110 -D WIDE AREA ROTARY MOWERS • 55 hp (41 kW) Yanmarl engine, Tier 4 Final Compliant, turbo -diesel engine • Smart PowerTM - optimized mowing in all conditions • Foldable RODS • 10.5'(3.2 m) width of cut • Full-time 4WD forward and reverse • All-time traction assist (optional) • 0" uncut circle in turns • SmartCool" auto -reversing cooling fan • HybridDrive'M cutting deck system delivers unmatched reliability • 4 -way adjustable seat and Air Ride Suspension • InfoCenter" displays simple operating info while monitoring machine health • Integrated ControlHub" with fingertip electronic controls • Top and rear air intake for increased cooling • Climate -controlled safety cab with air conditioning and heater (4110-D) • Isolated operator platform for greater comfort and smoother ride assures full-time 4 -wheel drive, allowing you to with confidence, even on hills and wet grass. toro.com/4000 Groundsmaster° 4100-D Groundsmaster8 4110-D Catt your Toro distributor at 800-803-8676 Groundsmaster 4100414110-D Specifications' a .f iuoudh ENGINE GROUNDSMASTER 4100-D, MODEL 30608 GROUNDSMASTER 4110-D, MODEL 30644, MODEL 30606 Yanmarl4-cylinder, liquid -cooled, turbo -charged diesel. 127 cu. in. (2.1 liter) displacement. Engine rated at 55 hp (41 kW) net and 125 ft. -lbs. (169 Nm) torque at 2,000 rpm. 8 quart (7.6 liter) oil capacity. EPA Tier IV Final Compliant. AIR CLEANER Dry, replaceable primary and safety elements. RADIATOR Rear -mount, cross-flow, 7 -row, 5 fins per inch, 9 quart (8.5 liter) capacity. FUEL CAPACITY 21 gallons (79.5 liters) diesel fuel. Biodiesel-Ready for use up to B-20(20% biodiesel and 80% petroleum blend) TRACTION DRIVE Parallel hydrostatic, closed loop system with full-time 4WD. Forward/reverse in low (mow) and high (transport) range with full-time, automatic traction assist (forward only) optional on Groundsmaster 4100-D models. Variable displacement piston pump with electronic servo control powers dual speed displacement piston motor drive into double reduction planetary in front, and mechanical axle in rear. SmartPowerTM feature controls traction speed to maintain optimal cutting blade speed. HYDRAl1LICSIC00LING 8.75 gallon (33.1 liter) capacity with 10 micron remote spin -on filter. 9 row, single pass cooler, 6.3 fins per inch, that tilts out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. DIAGNOSTICS Diagnostic pressure test ports: forward and reverse traction, left, center and right decks, reverse 4WD, lift, steering, charge and deck counterbalance circuits. GROUND SPEED Transport: 0-16.2 mph (0-26.1 km/h) forward, 0-8.1 mph (0-13 km/h) reverse. Mow: 0-8.3 mph (0-13.4 km/h) forward, 0-4 mph (0-6.4 km/h) reverse. TIRES Front: 26 x 12-12, 6 -ply tubeless Multi -Trac. Rear: 20 x 10-10, 6 -ply tubeless Multi -Trac. MAIN FRAME All welded formed -steel frame with integral tie -down anchors. BRAKES Mechanically actuated, internal wet disc brakes on input to each planetary drive. Individual foot -operated steering brake control of left and right wheel. Lock pedals together and latch to engage parking brake. SEAT 4 -way adjustable, right armrest travels with seat and suspension. STEERING Power steering with dedicated power source. Steering wheel tilts to desired operator position. Uncut circle: 0" diameter. INTSTRl1MENTATION tnfoCenterT":Onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics. Indicates fuel level, coolant temp, intake temperature, low oil pressure, alternator, engine hours, engine rpm, hydraulic oil temperature, voltage. CONTROLS Tilt steering, ignition switch, throttle switch, foot -operated traction pedal, lockable individual brake pedals, parking brake lock, mow/transport speed selector switch, 3 -two position switches for individual deck lift/lower, counterbalance adjustment, tow valves, cup holder, toolbox, radio holder, fan switch and 12 -volt power outlet. ELECTRICAL 12 -volt, 690 cold cranking amps battery, 80 amp alternator. Overload protection with automotive type fuses. INTERLOCKS Prevents engine from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat while moving or deck is engaged, traction and I or deck stops, info center alarms and gives message. Mowing only permitted in low range. Traction not allowed if parking brake engaged and pedal moved out of neutral, Into center alarms and gives message. Deck transport latches. GROUND CLEARANCE 6.5" (16.5 cm) OVERALL DIMENSIONS Height Length Width Transport Width Wheelbase 85.3" (216.7 cm) wIROPS up 144" (366 cm) 127" (323 cm) 71" 080 cm) 55.5' (140 cm) 93.3" (237 cm) w1 cab wldecks down wldecks down @ 2" (5 cm) HOC WEIGHT 4237 lbs. (1922 kg) wl full fluids 041 00-D). 4890 lbs. (2218 kg) wl full fluids 04110-D). SAFETY CAB (4110) MODEL 30644: ROPS certified cab with heat, AC and the following standard features: climate system pressurized cab, heavy-duty pantograph front windshield wiper and washer, front windshield has 38" of visibility, interior mirror, fold away exterior side mirrors, molded front fenders, right and left doors and rear window have tinted (50%) glass, front and rear windows open, quick release window latches act as emergency exit, rubber sound isolator cab mounts and upholstered interior panels and headliner, textured neoprene floor mat, interior dome light. MODEL 30606: Factory installed, ROPS certified, climate controls (AC & heating), opening rear window, front wiper/washer, interior mirror, exterior side mirrors. SAFETY Complies with American National Standards Institute (ANSI 871.4-2012) and applicable ISO EN 5395 (CE) standards (machine directive 891392, 911368, 93144, 841538, 891336) requirements; Optional lights. Meets ANSIIASAE 5279.12 (Lighting and Marking of Agricultural Equipment on Highways). Foldable BOPS, ISO 21299 certified. WARRANTY Two-year limited warranty. Refer to operator's manual for further details. ACCESSORIES WIDTH OF CUT Work light, Road lights consisting of dual taillights, dual headlights, slow moving vehicle sign, turn signal, flasher and lights; Sunshade Beacon CUTTING DECK Overall: 124" (315 cm), Center deck section: 54" (137.1 cm), Two 37" (93 cm) width of cut wings. 89" (226 cm) width of cut with one wing up. MOWING RATE Mows up to 10.3 acres/hr (4.2 hectares/hr) at 8.3 mph (13.4 km/hr). Assumes no overlap or stops. CONSTRUCTION Welded .100" (25 mm) high-strength steel with steel 7 and 10 -gauge channel and plate reinforcements. DECK DRIVE Direct mounted hydraulic motor into spindle. Remaining spindle(s) driven by individual B section kevlar belt. Quick -release belt covers. HEIGHT -OF -CUT 1"-5" (25-127 mm) in .5" (13 mm) increments. SPINDLES 1.25' (3.17 cm) diameter spindle shafts, 9" (22.9 cm) diameter conical ductile iron housing, and 2 greaseable tapered roller bearings. BLADES 19" (48.3 cm) long, 2.5" (6.4 cm) wide, .25" (.64 cm) thick. CASTER WHEELS 8 x 3.50-4, 4 -ply, smooth, pneumatic, sealed precision ball bearings. GROUND FOLLOWING 6" anti -scalp cups on each blade, adjustable skids, 3 anti -scalp rollers on front deck and 1 on each wing. WING PROTECTION Impact absorption device on each wing deck. MULCHING KIT Model 30419. SKIDS I Reversible polymetric. *Specifications and design subjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distributor for details on allwarranties. r The Groundsmaster 4100-D &4110-D are mipfactured a ct F 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2115 2 in Tomah, WI ISO 9002 Certified Plant. age 67 w 60 Groundsmaster 4100-D & 4110-D Attachment Specifications' TYPE BROOM SIZE BRUSH WEIGHT OPTIONS Windrow type, front mounted hydraulic broom with dual motors. Electric/hydraulic angling, 30° left and right. 32" (81 cm) diameter x 60" (153 cm) wide. brush with combination polypropylene/wire radial segments. 575 lbs. (261 kg) FDit Deflector, Storage Stands. *Specifications and design subject to change without notice. Manufactured by M—B Companies Inc Manufactured by Erskine Attachments. Note: The Toro Company does not manufacture or sell the snowthrower or rotary broom, nor does Toro guarantee these accessories in any manner whatsoever. 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2/15 STAGE WIDTH OF CUT CUTTING HEIGHT CUTTING EDGE SKID SHOES ANGER DIAMETER FAN DIAMETER CHUTE ROTATION SHEAR PROTECTION CASTING DISTANCE APPROXIMATE SHIPPING WEIGHT HOSES 2 61" (155 cm) 29" (74 cm) 318" x 3" (9.5 mm x 7.6 cm) bolt -on Adjustable 16" (41 cm) open flight 20" (51 cm) 4 -blade Hydraulic 270° Pressure relief Up to 30' (9.14 m) 850 ms. (386 kg) Included The Groundsmaster 4100—DI4110—D is anufactured a�� 3 in Tomah, WI ISO 9002 Certified Plant. age 67 9c�Ew 60 Greensmaster" 3150-Q / 32 50-D RIDING GREENSMOWERS Greensmaster 3150-Q: • Briggs & Stratton' 18 hp (13.4 kW) air-cooled, gasoline engine • Industry's quietest engine -powered riding greensmower Greensmaster 3250-D: • Kubota' D902, 24.8 hp (18.5 kW) 3 -cylinder, liquid -cooled, diesel engine • Ample power for any greens or off -greens application; extremely versatile Ureensmaster" 37bU-U Greensmaster° 3250-D Catt your Toro distributor at 800-803-8676 Greensmaster 3150-0 Specifications' TRACTOR GREENSMASTER 31504 MODEL 04358 ENGINE 18 hp (13.4 kW) @3600 rpm, Briggs & Stratton gasoline engine, governed to 2850 rpm high idle, 1650 rpm low idle. Air-cooled. FUEL CAPACITY 7 gallon (26.5 liter) capacity; unleaded gasoline. TRACTION DRIVE Hydraulic piston pump, closed loop system. 2WD Parallel Hydrostatic or 3WD Series Parallel piston pump closed loop system. Foot pedal forward and reverse; infinitely variable. GROUND SPEED Forward -mowing speed is variable from 2-5 mph (3.2-8 km/h), adjusted by stop on pedal mechanism. Mow speed setting does not affect transport speed. Maximum Greensmaster 3150-D transport speed is 8.8 mph (14.4 km/h), may be reduced by adjusting stop in footrest pan without affecting mow speeds. Reverse is 2.5 mph (4.0 km/h) maximum. TURF COMPACTION 8-10 psi (dependent on tire pressure) with operator and cutting units down. IMPLEMENT DRIVE Single gear pump, mono valve block, series reel drive to 3 motors. STEERING Power steering. Adjustable steering wheel tilt and a 5 -position steering arm tilt. CONTROLSIGAUGES Raise/lower-mow lever (joystick). Functional control lever (neutral, mow, transport). Foot operated traction drive and brakes. Hour meter. Hand operated throttle and choke. Mechanical engine speed control. ELECTRICAL FEATURES 12 -volt lead acid, group size 01, with 300 minimum cold cranking amps at 0° F and 34 minutes reserve capacity at 85° FI25 amps draw. 16 amp alternator. Ignition switch/key. Seat switch. Harness terminals and fuse slot available for optional lights installation. TIRESIWHEELSIPRESSl1RE Three tires: Three 18 x 10.5-8, 4 -ply pneumatic tubeless demountable and interchangeable with smooth tread. 8-12 psi front; 8-15 psi rear. Optional Traction Tire (4 -ply): PIN 119-3516. BRAKES Two 6" (15.2 cm) drum type. HYDRAULIC OIL 7.5 gallon (28.4 liter) tank with internal baffle. 1.0 gallon (3.8 liter) auxiliary tank. LEAK DETECTION Equipped with Turf Guardian"" leak detection system. SOUND LEVEL 82 dB(A) at operator's ear under normal conditions. OVERALL DIMENSIONS Wheel Tread: 49.5' (149.9 cd, Wheel Base: 47" (119 cd, Length: 90" (229 cd, Width: 69.7' (177 cm) wheels, Height: 74.5" (189 cd, Weight:1,087 Its. (493 kgl. WIDTH OF CUT 59" (150 cm) REEL SPEED Approximately 1975 RPM at 2850 engine RPM. Adjustable. BACKLAPPING Standard equipment. CUTTING UNIT SUSPENSION units are completely free-floating, each attaching to the tractor by direct pull links and lifted by a centered lift arm. Baskets are supported by carrier frames that that are ground following. Cutting unit floatation is unaffected by basket content. Grass baskets are all interchangeable and accessible from the front of the machine. ROPS Roll Over Protection System standard. CERTIFICATION Certified to meet ANSI specification 871.4-2012 and European CE standards with appropriate kits installed. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. TRACTOR i BLADE DPA CUTTING UNITS, 04652 -BLADE11 DPA CUTTING UNITS, 114 -BLADE 04656 These cutting units will mount on any Toro riding Greensmaster (excluding Greensmaster TriFlex"' 33xx134xx series). HEIGHT OF CUT (HOC) RANGE Cutting height is adjusted on front roller by two vertical screws and held by two locking cap screws. Bench HOC range is .062"-.297° (1.6-7.5 mm). With high HOC kit, range is .297-1.0" (7.5-25.4 mm). Effective HOC may vary depending on turf conditions and bedknife installed. REEL WELDMENT Reels are 5" (13 cm) in diameter, 21" (53.3 cm) in length. High carbon steel blades are welded to 5 stamped steel spiders, and heat treated. The reel is ground for diameter and concentricity, and relief ground. REEL BEARINGS Two stainless steel ball bearings, 30 -/-.1 mm inside diameter slip fit onto reel shaft retained by internally splined threaded insert. Low drag sealslslingers for added protection with o -ring sealed motor and counterweight. Reel position maintained by a wave washer with no adjusting nut. MAINTENANCE No grease zerks, sealed bearing design eliminates daily maintenance. REEL DRIVE The reel weldment shaft is a 1.375' (35 mm) diameter tube with internally splined threaded insert. FRAME Precision machined, die-cast aluminum cross member with two bolt -on die-cast aluminum side plates. AGGRESSIVENESS Aggressiveness stays constant throughout the life of the reel. Patented design. BEDKNIFE Replaceable single edged EdgeMax"' Microcut Bedknife is standard. BEDKNIFE ADJUSTMENT Dual screw, indexed "click" adjustment to the reel; detents corresponding to .0007' (.018 mm) bedknife movement for each position. FRONT &REAR ROLLERS Front: Not included with cutting unit, purchased separately. Option between full, narrow -spaced and wide -spaced Wiehle roller. Rear: Steel full, 2" (5.1 cm) diameter with sealed bearings and through -shaft. GRASS SHIELD Non-adjustable shield with adjustable cut-off bar to improve grass discharge from reel in wet conditions. TOTAL WEIGHT B -blade: 72 lbs. 132.7 kg) with aluminum Wiehle Roller. 11 -blade: 75 lbs. (34 kg) with aluminum Narrow Wiehle Roller. 4 -blade: 78 lbs. (35 kg) with aluminum Wiehle Roller. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 r The Greensmaster 3150-0 is m��fact�een 67 � �, �� Tomah, WI ISO 9002 Certified RantLl TRACTION UNIT ACCESSORIES 04476 3 -Wheel Drive Kit 04479 Thatching Reel (Set of 1) 04494 Greens Spiker Kit 04495 Greens Tri -Roller Kit 30707 Armrest Kit 119-3516 Traction Tires 04554 Light Kit 130-6536 Hydraulic Oil Cooler Kit 108-6472 Traction Speed Control Kit 104-6540 Spark Arrestor Screen 115-4510 Bimini Folding Shade 100-6442 2WD Weight Kit 99-1645 3WD Weight Kit 115-4754 Wireless Hour Meter Greensmaster 3150-0 Accessories' ROLLER OPTIONS 04626 Front Narrow Wiehle Roller (set of 3) 04627 Front Wide Wiehle Roller (set of 3) 04625 Front Full Roller (set of 3) 04628 Solid Steel Roller Kit (front Wiehle & rear steel rollers) 04629 Anti -Bobbing Roller 71-1550 Cast Iron Rear Wiehle Roller 107-3514 Steel Wide Wiehle Roller 121-4675 Extended Wiehle Roller 04258 Extended Narrow Wiehle Roller 04267 Narrow Wiehle Roller (for paspalum) 107-3510 Steel Narrow Wiehle Roller 120-9595 Steel Rear Roller (standard) 125-5180 DPA Rear Roller Extension Kit 120-9600 High Height of Cut Kit 04249 Split Full Front Roller 04250 Split Narrow Wiehle Roller Greensmaster 3150-0 Accessories' SCRAPER OPTIONS CUTTING UNIT & REEL OPTIONS 04652 8 -Blade Cutting Unit 04654 11 -Blade Cutting Unit 04656 14 -Blade Cutting Unit 119-4103 8 -Blade Reel (Individual) 121-6651 8 -Blade Reel, Heavy -Duty (Individual) 119-4104 11 -Blade Reel (Individual) 127-2202 14 -Blade Reel (Individual) SCRAPER OPTIONS GROOMER OPTIONS 04709 Groomer Drive Of (Set of 1) 04712 Groomer Reel, Spring Steel (Set of 1) 04274 Grooming Brush — Soft 04275 Grooming Brush — Stiff 106-2643 Groomer Pull Link Kit 04744 Grooming Reel -Thin Blade (Set of 1) SCRAPER OPTIONS 125-5303 Front Narrow Wiehle Roller Scraper 125-5304 Front Wide Wiehle Roller Scraper 125-5305 Front Full Roller Scraper 115-7377 Front Narrow Wiehle Roller Scraper Brush 115-7378 Front Wide Wiehle Roller Scraper Brush 115-7379 Front Full Roller Scraper Brush 115-7380 Front Narrow Wiehle Roller Scraper Comb 115-7381 Front Wide Wiehle Roller Scraper Comb 115-7382 Front Full Roller Scraper Comb 115-7383 Rear Roller Scraper 121-2260 Adjustable Rear Roller Scraper 04646 Spring Loaded Rear Roller Scraper (Set of 3) 107-9561 Anti -Bobbing Roller Scraper Kit 04726 Rotating Rear Roller Brush (LH) (Set of 1) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. BEDKNIFE & BEDBAR OPTIONS 93-4262 Microcut Bedknife 93-4263 Tournament Bedknife 93-4264 Low Cut Bedknife 94-6392 High Cut Bedknife 63-8600 Fairway Bedknife 108-4303 Extended Microcut Bedknife 108-4302 Extended Tournament Bedknife 115-1880 EdgeMax"` Microcut Bedknife (Standard) 115-1881 EdgeMax"`Tournament Bedknife 112-7475 EdgeMax"` Fairway Bedknife 106-2648-01 Bedbar (Standard) 99-3794-03 Aggressive Bedbar THATCHING REEL ACCESSORIES 117-6824 Thin dynaBLADE, (1.2mm Thickness) (Individual) 119-1128 Regular dynaBlade, (2mm Thickness) (Individual) 117-6839 Replacement Kit,1.2mm dynaBlade (36 Blades) 117-6840 Replacement Kit, 2mm dynaBlade (36 Blades) 121-6675 Spring Steel Kit 121-6674 Blade, Spring Steel 121-9525 Thatching Reel Quick Change Kit BIO -HYDRAULIC FLUID I HYDRAULIC FLUID I OIL 119-2157 Bio -Hydraulic Fluid, 5 gal. (18.9 L) 119-2158 Bio -Hydraulic Fluid, 55 gal. (208.2 L) 108-1178 Premium Hydraulic Fluid, 5 gal. (18.9 L) 108-1177 Premium Hydraulic Fluid, 55 gal. (208.2 L) 108-1197 Premium Engine Oil SAE 30, 5 gal. (18.9 L) 108-1196 Premium Engine Oil SAE 30, 55 gal. (208.2 L) TOOLS 04399 Turf Evaluator 125-5610 Paper — Reel 125-5611 Shim — Reel 94-9010 Height of Cut Bar Assembly The Greensmaster 31 anufacturej 9 r dkE v �� in Tomah, WI ISO 9002 Cer ie tjj Greensmaster 3250-D Specifications' TRACTOR ' D MODEL 04384 ENGINE Kubota' 902 tier 4i, 3 -cylinder liquid -cooled diesel engine. 55.0 cu. in. (902 cc). Full pressure lubrication, oil filter. 24.8 hp (18.5 kW) @ 3600 rpm. Engine governed REEL WELDMENT to 2760 rpm high idle, 1500 rpm low idle (no load). FUEL CAPACITY 6 gallons (22.7 liters). Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). TRACTION DRIVE Hydraulic piston pump, closed loop system. 2WD Parallel Hydrostatic or 3WD Series Parallel piston pump closed loop system. Foot pedal forward and reverse; infinitely variable. REEL DRIVE Forward -mowing speed is variable from 2-5 mph (3.2-8 km/h), adjusted by stop on pedal mechanism. Mow speed setting does not affect transport speed. Maximum GROUND SPEED Greensmaster 3250-D transport speed is 8.8 mph (14.4 km/h), may be reduced by adjusting stop in footrest pan without affecting mow speeds. Reverse is 2.5 mph AGGRESSIVENESS (4.0 km/h) maximum. TURF COMPACTION 10 psi (.68 bar) average at recommended minimum tire pressures, with a 200 lb. operator, and cutting units down. STEERING Power steering. No -tool quick adjust steering arm position, with arm motion allowing a wide range of operator sizes. Steering cylinder has through shaft design for FRONT & REAR ROLLERS accurate straight line steering. CONTROLSIGAl1GES Raise/lower-mow lever. Functional control lever (neutral, mow, transport). Foot operated traction drive and brakes. Hour meter TOTAL WEIGHT and 4 bulb warning cluster. Hand operated choke, throttle. Mechanical engine speed control. Maintenance -free 12 -volt battery with 530 minimum cold cranking amps at 0' F (-17.7° C) and 95 minutes minimum reserve capacity at 85' F (29.4° C) 40 amp ELECTRICAL FEATURES alternator, circuit fused at 40 amps. Ignition switch/key. Seat switch. High temperature engine kill override switch. Harness terminals, fuse slot, and console switch location available for optional lights installation. SOUND LEVEL 84 dBA at operator ear under normal conditions. Width of Cut: 59.0" (150 cm) Overall Height: 77.5' (197 cm) Wheel Tread: 50.5' (128 cm) Net Weight Ino fuel, no operator): 1,216 lbs. (552 kg) OVERALL DIMENSIONS Wheel Base: 48.6' (123 cm) Reel Speed: Approx.1950 rpm @ 2760 rpm (Adjustable) Overall Length (w/baskets): 93.9" (238 cm) Overall Width: 68.0" (173 cm) TIRES Three 19 x 10.5-8, 2 ply pneumatic tubeless demountable and interchangeable. Smooth tread (approx.1290 rev/mile). 8-12 psi front; 8-15 psi rear. LEAK DETECTION Turf Guardian T" optional. BACKLAPPING Standard equipment. BRAKES 6" (15.2 cm) drum type mechanical with rack and pawl lock for parking. SEAT Contour seat with high backrest. T' (17.8 cm) fore/aft slider adjustment with two mounting positions, allowing 9" (22.8 cm) total seat travel. Operator manual tube mounted on the seat back for easy access. ROPS Roll over protection system standard. CERTIFICATION Certified to meet ANSI specification 871.4-2012 and European CE standards with appropriate kits installed. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. TRACTOR i BLADE DPA CUTTING UNITS, 04652 -BLADEDPA CUTTING UNITS, 114 -BLADE 04656 These cutting units will mount on any Toro riding Greensmaster (excluding Greensmaster TriFlex 33xx134xx series). HEIGHT OF CUT (HOC) RANGE Cutting height is adjusted on front roller by two vertical screws and held by two locking cap screws. Bench HOC range is .062"-.297° (1.6-7.5 mm). With high HOC kit, range is .297-1.0" (7.5-25.4 mm). Effective HOC may vary depending on turf conditions and bedknife installed. REEL WELDMENT Reels are 5" (13 cm) in diameter, 21" (53.3 cm) in length. High carbon steel blades are welded to 5 stamped steel spiders, and heat treated to RC 48-54 hardness. The eel is ground for diameter and concentricity, and backgrind. REEL BEARINGS Two stainless steel ball bearings, 30 mm inside diameter slip fit onto reel shaft retained by internally splined threaded insert. Low drag sealslslingers for added protection with o -ring sealed motor and counterweight. Reel position maintained by a wave washer with no adjusting nut. MAINTENANCE No grease zerks, sealed bearing design eliminates daily maintenance. REEL DRIVE The reel weldment shaft is a 1.375' (35 mm) diameter tube with internally splined threaded insert. FRAME Precision machined, die-cast aluminum cross member with two bolt -on die-cast aluminum side plates. AGGRESSIVENESS Aggressiveness stays constant throughout the life of the reel. Patented design. BEDKNIFE Replaceable single edged EdgeMax"' Microcut Bedknife is standard. BEDKNIFE ADJUSTMENT Dual screw, indexed "click" adjustment to the reel; detents corresponding positively to .0007' (.018 mm) bedknife movement for each position. FRONT & REAR ROLLERS Front: Not included with cutting unit, purchased separately. Option between full, narrow -spaced and wide -spaced roller. Rear: Steel full, 2" (5.1 cm) diameter with sealed bearings and through -shaft. GRASS SHIELD Non-adjustable shield with adjustable cut-off bar to improve grass discharge from reel in wet conditions. TOTAL WEIGHT 8 -blade: 72 lbs. (32.7 kg) with aluminum Wiehle Roller. 11 -blade: 75 lbs. (34 kg) with aluminum Narrow Wiehle Roller. 14 -blade: 781bs. (35 kg) with aluminum Wiehle Roller. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. r The Greensmaster 322 unuf e�ture¢,� 9dkE v 60 in Tomah, WI ISO 9002 Car ifi 6 Greensmaster 3250-D Accessories' TRACTION UNIT ACCESSORIES 04477 3 -Wheel Drive Kit 04479 Thatching Reel (Set of 1) 04494 Greens Spiker Kit 04495 Greens Tri -Roller Kit 30707 Armrest Kit 99-4506 Traction Tires 104-7701 Hydraulic Oil Cooler Kit 04554 Light Kit 120-1951 Spark Arrestor 04497 Leak Detector 112-0279 Front Wheel Weight Kit 100-6442 2WD Weight Kit 99-1645 3WD Weight Kit 100-6430 Hose Adapter Kit 105-9766 Radiator Screen Kit 104-9400 Ground Follow Kit 115-4510 Bimini Folding Shade 115-4754 Wireless Hour Meter Greensmaster 3250-D Accessories' ROLLER OPTIONS 04626 Front Narrow Wiehle Roller (set of 3) 04627 Front Wide Wiehle Roller (set of 3) 04625 Front Full Roller (set of 3) 04628 Solid Steel Roller Kit (front Wiehle & rear steel rollers) 04629 Anti -Bobbing Roller 71-1550 Cast Iron Rear Wiehle Roller 107-3514 Steel Wide Wiehle Roller 121-4675 Extended Wiehle Roller 04258 Extended Narrow Wiehle Roller 04267 Narrow Wiehle Roller (for paspalum) 107-3510 Steel Narrow Wiehle Roller 120-9595 Steel Rear Roller (standard) 125-5180 DPA Rear Roller Extension Kit 120-9600 High Height of Cut Kit 04249 Split Full Front Roller 04250 Split Narrow Wiehle Roller Greensmaster 3250-D Accessories' *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE CUTTING UNIT & REEL OPTIONS 04652 8 -Blade Cutting Unit 04654 11 -Blade Cutting Unit 04656 14 -Blade Cutting Unit 119-4103 8 -Blade Reel (Individual) 121-6651 8 -Blade Reel, Heavy -Duty (Individual) 119-4104 11 -Blade Reel (Individual) 127-2202 14 -Blade Reel (Individual) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE GROOMER OPTIONS 04709 Groomer Drive Of (Set of 1) 04710 Groomer Drive Of (Set of 1) 04712 Groomer Reel, Spring Steel (Set of 1) 04713 Groomer Brush (Set of 1) 04274 Grooming Brush — Soft 04275 Grooming Brush — Stiff 112-9248 Groomer Pull Link Kit 04744 Grooming Reel -Thin Blade (Set of 1) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE SCRAPER OPTIONS 125-5303 Front Narrow Wiehle Roller Scraper 125-5304 Front Wide Wiehle Roller Scraper 125-5305 Front Full Roller Scraper 115-7377 Front Narrow Wiehle Roller Scraper Brush 115-7378 Front Wide Wiehle Roller Scraper Brush 115-7379 Front Full Roller Scraper Brush 115-7380 Front Narrow Wiehle Roller Scraper Comb 115-7381 Front Wide Wiehle Roller Scraper Comb 115-7382 Front Full Roller Scraper Comb 115-7383 Rear Roller Scraper 121-2260 Adjustable Rear Roller Scraper 04646 Spring Loaded Rear Roller Scraper (Set of 3) 107-9561 Anti -Bobbing Roller Scraper Kit 04726 Rotating Rear Roller Brush (LH) (Set of 1) 04724 Rotating Rear Roller Brush Of (Set of 1) *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 411 BEDKNIFE & BEDBAR OPTIONS 93-4262 Microcut Bedknife 93-4263 Tournament Bedknife 93-4264 Low Cut Bedknife 94-6392 High Cut Bedknife 63-8600 Fairway Bedknife 108-4303 Extended Microcut Bedknife 108-4302 Extended Tournament Bedknife 115-1880 EdgeMax"` Microcut Bedknife (Standard) 115-1881 EdgeMax"`Tournament Bedknife 112-7475 EdgeMax"` Fairway Bedknife 106-2648-01 Bedbar (Standard) 99-3794-03 Aggressive Bedbar THATCHING REEL ACCESSORIES 117-6824 Thin dynaBLADE, (1.2mm Thickness) (Individual) 119-1128 Regular dynaBlade, (2mm Thickness) (Individual) 117-6839 Replacement Kit,1.2mm dynaBlade (36 Blades) 117-6840 Replacement Kit, 2mm dynaBlade (36 Blades) 121-6675 Spring Steel Kit 121-6674 Blade, Spring Steel 121-9525 Thatching Reel Quick Change Kit BIO -HYDRAULIC FLUID I HYDRAULIC FLUID I OIL 119-2157 Bio -Hydraulic Fluid, 5 gal. (18.9 L) 119-2158 Bio -Hydraulic Fluid, 55 gal. (208.2 L) 108-1178 Premium Hydraulic Fluid, 5 gal. (18.9 L) 108-1177 Premium Hydraulic Fluid, 55 gal. (208.2 L) 121-6393 Premium Engine Oil SAE 10W30, 5 gal. (18.9 L) 121-6392 Premium Engine Oil SAE IOU, 55 gal 1208,2 L) TOOLS 04399 Turf Evaluator 125-5610 Paper — Reel 125-5611 Shim — Reel 94-9010 Height of Cut Bar Assembly The Greensmaster 3250-4�� anufacture�+ z� Tomah,in WI ISO 9002 Cerfft'i V 7v 60 - Kubota' 21.5 hp (16 kW) diesel engine - Exclusive Sidewinderl cutting system - 72" (183 cm) or 85" (216 cm) width of cut - SeriesIParallelTm 3WD In Reetmaster 3100-D SMALL AREA REEL MOWER -JIM P-1 z Catt your Toro distributor at 800-803-8676 Reelmaster 3100-D Specifications* TYPE REELMASTER 31 00-D, MODEL 03170 1 REELMASTER 3100-D, MODEL 03171 wISIDEWINDER ENGINE Kubota liquid -cooled diesel, 3 -cylinder, 21.5 hp (16 kW) net @ 2500 RPM. Hlgh idle: 2,600 rpm, Low idle: 1,400 rpm (i -I- 50 rpm). 68.5 cu. in. (1123 cm3) 5, 8, and 11 -blade reels available for 27" (68.6 cm) cutting unit. 8 -blade reels available for 32" (81.3 cm) cutting unit. displacement. Pressurized lubrication system with 3.5 U.S. of. (3.3 liter) capacity. Heavy-duty, radial seal air cleaner. Fuel/water separator with visible bowl. CONFIGURATION Rear mounted engine, front operator position. Rear mounted radiator. Two post ROPS and seat belt standard. FUEL CAPACITY 7.5 gallons (28 liters). Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). TRACTION DRIVE Series/Parallel hydraulic traction circuit provides continuous 3 -wheel drive, in mow and transport. Hydrostatic traction drive Dual point adjustment (DPA) of bedknife to reel. provides infinitely variable speed in forward and reverse. 6 gallon (23 liter) hydraulic system capacity. GROUND SPEED Mow: 0-6 mph (0-10 km/h); Transport: 0-9 mph (0-14 km/h). Reverse: 0-4 mph. (0-6 km/h). Forward and reverse traction control pedals, mow/transport lever, hand activated park brake, ignition key switch, tilt steering wheel lock, PTO switch, throttle, joystick CONTROLS control for cutting unit raise and lower (and for moving cutting units side-to-side on Sidewinder equipped models), cutting unit transport lock, reel speed and backlap control knob. GANGES Hour meter, fuel gauge, cluster gauge with glow plug and charge indicator lights, and low engine oil pressure and high coolant temperature warning lights (high temperature safety shut off). ELECTRICAL & 12 -volt, 585 cold cranking amps at 0° F (-18° C), 40 amps with regulator/rectifier. Traction pedal, operator presence in seat, PTO engage or disengage, and cutting INTERLOCKS unit mow or transport safety interlock switches. TIRES Front: 20 x 12-10, 4 -ply Turf Tread. Rear: 20 x 10-10, 4 -ply Turf Tread FRAME Formed steel, welded steel and steel tubing. BRAKES Hydrostatic service brake, hand -operated parking brake. STEERING Power steering with tilt steering wheel. Track Width: 55" (140 cm) Overall Height: 71" (180 cm) with ROPS OVERALL Wheel Base: 56" (142 cm) Transport Width: 80" (203 cm) in 72" (183 cm) woo DIMENSIONS 92" (234 cm) in 85" (216 cm) woo Overall Length: 93" (248 cm) Approx. Weight with Cutting units: 1860 lbs. (844 kg) CUTTING UNIT Fixed position cutting units. Operator controlled moveable cutting units travel ±12" (30 cm) CONFIGURATION left or right from center; total of 24" (61 cm) of infinite variability. CUTTING UNIT 3" (7.6 cm) in 72" (183 cm) width of cut Maximum 15" (38 cm) in 72" (183 cm) width of cut. OFFSET 10" (25 cm) in 85" (216 cm) width of cut Maximum 22" (56 cm) in 85" (216 cm) width of cut. CERTIFICATION This product complies with the American National Standards Institute (ANSI B71-4 - 2012) and European Community specifications (CE Certified). EN ISO 5395. WARRANTY Two-year limited warranty, refer to operators manual for details. TYPE 27" CUTTING UNITS (03180, 03181, 1(03182) Three hydraulically -driven, balanced, 7" (17.8 cm) diameter reels. Cutting units interchangeable to all three positions. REEL BLADE OPTIONS 5, 8, and 11 -blade reels available for 27" (68.6 cm) cutting unit. 8 -blade reels available for 32" (81.3 cm) cutting unit. HOC RANGE Height of cut ranges .25" to 2" (.63 - 5.1 cm) standard in floating position, 1.5" to 2.5" (3.8 - 6.4 cm) in fixed position. CUTTING WIDTH 72" (183 cm), or 85" (216 cm) width of cut dependent on cutting unit selection. CLIP FREQUENCY/ BACKLAPPING Manually controlled variable reel speed for adjustment of clip frequency. Standard on -board backlapping. BEDKNIFE-TO-REEL ADJUSTMENT Dual point adjustment (DPA) of bedknife to reel. ROLLERS Full roller standard on rear of cutting unit and plastic front Wiehle roller. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. �7f61 J' The Reelmaster 3100—D is �act� reed �� J m 60 in Tomah, WI ISO 9002 Car fie" w 27" (69 CM) DPA CUTTING UNIT ACCESSORIES CUTTING UNIT OPTIONS 03188 27" (69 cm) 5 -Blade DPA Cutting Unit 03189 27" (69 cm) 8 -Blade DPA Cutting Unit 03190 27" (69 cm) 11 -Blade DPA Cutting Unit 03203 27" (69 cm) Verticutter Cutting Unit 03191 32" (81 cm) 8 -Blade DPA Cutting Unit 27" (69 CM) DPA CUTTING UNIT ACCESSORIES 03240 Universal Groomer 03241 27" (69 cm) Groomer Cartridge 03242 27" (69 cm) Universal RRB Kit 03243 Rear Roller Brush Kit 03244 End Weight Kit 132-7125 Bloomer Kit 03185 Grass Basket Kit 114-9368 Rear Roller Scraper Kit 114-9372-03 Wiehle Roller Scraper 114-9376 Comb/Scraper Kit 119-0630 Shoulder Roller Asm 114-9381-03 Shoulder Roller Scraper 114-9383 Full Front Roller 114-9386-03 Full Front Roller Scraper 119-4286 Short Rear Roller Asm 115-0838 High HOC Brush 119-0646-03 Fixed Plate (2 per cutting unit) 119-0649 Trim/HD Collar Kit (6 per roller) 119-0635 RM3100 Tipper Roller Kit 98-1852 Gauge Bar Reelmaster 3100-D Accessories* TRACTION UNIT ACCESSORIES 30358 Bimini Canvas Sunshade 115-4754 myTurf Wireless Hour Meter Assembly 03614 Golf Ball Guard 32" (81 CM) DPA CUTTING UNIT ACCESSORIES 03246 Rear Roller Brush Kit 03244 End Weight Kit 127-2104 5 -Blade Service Reel 114-9369 Rear Roller Scraper Kit 114-9373-03 Wiehle Roller Scraper 114-9377 Comb/Scraper Kit 115-0849 High HOC Brush 114-9384 Full Front Roller 114-9387-03 Full Front Roller Scraper 119-0640 Shoulder Roller Asm 114-9382-03 Shoulder Roller Scraper 119-4288 Short Rear Roller Asm 119-0646-03 Fixed Plate (2 per cutting unit) 119-0649 Trim/HD Collar Kit (6 per roller) 119-0635 RM3100 Tipper Roller Kit 98-1852 Gauge Bar *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. zanrlrlulr� a The Reelmaster 3100—D is Ffe$140 6 8 r m 60 in Tomah, WI ISO 9002 Car fie l (J cv BEDKNIFE OPTIONS 114-9388 Standard (27") - Production 114-9389 Standard (32") - Production 112-8910 EdgeMax1m (27") 112-8956 EdgeMax1m (32") 114-9390 Heavy -Duty (27") 114-9391 Heavy -Duty (32") 120-1641 Extended Low -Cut (27") 120-1642 Extended Low -Cut (32") a The Reelmaster 3100—D is Ffe$140 6 8 r m 60 in Tomah, WI ISO 9002 Car fie l (J cv Reetmaster'5410/5510/5610 FAIRWAY MOWERS • Powerful Tier 4 compliant engines - featuring Yanmarl3-cylinder, liquid -cooled, diesel engines. • Proven Reliability & Performance - time tested performance, maximum productivity and high quality. And we haven't stoodstill over the platform delivers exceptional durability, high performance and versatility. years. Toro spends a lot of time listening closely to our customers to better understand • Enhanced climbing and hillside stability - '1'14 .. "" "" "" " " ""' " ' -F.., ' "" "" "" """""" CrossTraxTm all -wheel drive system is based refine and improve each fairway mower to meet those needs. Everything from operator on the Toro patented Series/ParallelT" design. If one of the front tires begins to slip, power comfort and efficiency, to tractor performance, to cutting unit is transferred to the opposite rear tire for after -cut -appearance improvements, and even ease of optimum traction. maintenance is reviewed in our relentless effort to maximize • Precise Monitoring & Control - an onboard productivity and efficiency. InfoCenter allows viewing and changing of settings. It also provides essential information toro.com/reelmaster about service intervals, diagnostics and faults. Toro's Mow Speed Limiter is a simple mechanical design which produces consistent ; r results regardless of the operator. •Unparalleled Operator Comfort - with a tiff steering wheel and easy -access steps for every size operator, to a deluxe suspension�U"f seat, and a well thought out design that moved the radiator to the rear of the engine "� '" 51/ compartment to move heat rejection �" �� ,�� i %'o• �r „a and noise away from operator, ✓i r these fairway mowers are m designed for a comfortable, 5 , all -day operation. oris r� • Outstanding Quality of Cut - 14N46 Dual Precision Adjustment (DPA) cutting units - featuring Toro's all new EdgeSeriesTm reels combineNow to deliver a consistent, high quality cut r and superior after cut appearance, while �� W/ reducing maintenance with improved reel r, edge retention. �y R IT n" 12 Catt your Toro distributor at 800-803-8676 Reelmaster 541015410-D Specifications* *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ITMAN r The Reelmaster 5410 ise�nufactured ci m in Tomah, WI ISO 9002 �ert@r 9,9.68 w 60 REELMASTER 5410 REELMASTER 0D ENGINE Kubota' 4 -cylinder, liquid cooled, diesel engine. 35.5 hp (26.5 kW) Yanmarl 3 -cylinder, liquid cooled, diesel engine. @ 3000 rpm. 36.8 hp (27.5 kW), 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin -on fuel filter/water separator. AIR CLEANER Heavy-duty three -stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.5 fins per Plate and bar radiator/oil cooler combination, 6.3 fins per inch, 10 quart (9.5 inch, 7.0 quart (6.6 liter) capacity. liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% 14 gallon (53 liter) capacity. Biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. 15 gallon (56.8 liter) capacity. TRACTION DRIVE Front drive wheels powered By a hydrostatic pump with individual wheel motors. All -wheel drive optional with CrossTrax" All -Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires Rear steer tires: 20 x 12-10 MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum -type front wheel Brakes. Brakes may Be actuated for service Braking via left foot pedal. Integrated foot pedal lock provides parking Brake. Dynamic Braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GANGES InfoCenter"' onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, Backlap speed, glow indicator (diesel), lift/lower indicator. Single foot -operated traction pedal, foot actuated mow speed limiter, foot Single foot -operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking Brake. Hand -operated key ignition switch, CONTROLS actuated service and parking Brake. Hand -operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and throttle, isochronous engine speed control, cutting unit raise/lower joystick, headlight switch all positioned on right hand pivoting control console. cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. Heavy-duty 12 -volt Battery, 570 CCA, 40 amp alternator. Electronic control unit Heavy-duty 12 -volt Battery, 570 CCA, 55 amp alternator. Electronic control unit ELECTRICAL &INTERLOCKS is a microprocessor Based, solid state control unit with diagnostic capabilities. is a microprocessor Based, solid state control unit with diagnostic capabilities. Traction pedal, parking Brake, operator presence in seat, and cutting unit Traction pedal, parking Brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled By an integrated hydraulic control Block. Reel speeds are electronically adjustable in nine incremental settings. Standard on -board Backlapping. CUTTING UNIT LIFTILOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high Back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat Belt HEIGHT 63" (160 cm) seat top, 85" (217.2 cm) top of BOPS. LENGTH (2WD) 111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 113.5" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,505 lbs. (1,136 kg) (20, 2,615 lbs. (1,186 kg) (4WD) 2,943 lbs. (1,335 kg) (20, 3,053 lbs. (1,385 kg) (4WD) CERTIFICATION Complies with ANSI 871.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator's Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ITMAN r The Reelmaster 5410 ise�nufactured ci m in Tomah, WI ISO 9002 �ert@r 9,9.68 w 60 Reelmastere 541015410-D Accessories* TYPE 8 -BLADE II 03621 -BLADE II 03623 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 5" (12.7 cm) diameter, 8 & 11" blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25' -1.0" (6.4-25.4 mm) standard. Up to 1.5 (38.1 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-2,000 rpm with a backlap speed of 200 pm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 2.5 (6.4 cm) diameter shortened steel rear roller. Other roller configurations optional. TYPE UNIVERSALROOMER, MODEL 03763 Forward, Reverse & Neutral. Rotating blades with optional Broomerlm brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5' (52.1 cm) GROOMING RANGE 0-0.25' (0-6.4 mm) below height of cut when engaged, 0.5 (0-12.7 mm) above Groomer height of cut when disengaged. BLADES 2.5 (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5 (12.7 mm) spacing. TYPE POWERED REAR ROLLER BRUSH, MODEL 03668 Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT Pi -point SPIN RATE Rapid 2000 rpm spin rate. CUTTING UNITS 03621 5" (12.7 cm) 8 -blade DPA cutting unit 03623 5" (12.7 cm) 11 -blade DPA cutting unit 03618 5" (12.7 cm) verticutter cutting unit 5" (12.7 cm) CUTTING UNIT ACCESSORIES TRACTION UNIT ACCESSORIES 03655 CrossTraxl All -Wheel Drive Kit 03667 Air -ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 5" (12.7 cm) CUTTING UNIT ACCESSORIES 03763 Universal Groomer 03765 22" (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03417 Universal Only Weight Kit 03658 Powered rear roller brush for groomers 03413 Weight for cutting units with attatchments 03406 Powered rear roller brush only 03411 End Weight Kit 03415 Flex Grass Basket 31 6845 Flex Groomer Rod Kit *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 & 5610 manufacture a� ,�oy f p ct�Ll in Tomah, WI ISO 9002 CertifieBP— — V (J60 BEDKNIFE OPTIONS 108-9095 EdgeMax"" 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 & 5610 manufacture a� ,�oy f p ct�Ll in Tomah, WI ISO 9002 CertifieBP— — V (J60 Reelmaster 551015510-D Specifications* *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ITMAN r The Reelmaster 5510 isg�nufactured ci m Tomah,in WI ISO 9002 dart I��rt .68 w 60 „ , MODEL 03676 TIER 4 DIESEL, MODEL 03607 4 ENGINE Kubota,' 4 -cylinder, liquid cooled, diesel engine. 35.5 hp (26.5 kW) @ 3000 rpm. Yanmar 3 cylinder, liquid cooled, diesel engine. 36.8 hp (27.5 kW). 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. Tier 4 Final Compliant. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin -on fuel filter/water separator. AIR CLEANER Heavy-duty three -stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.5 fins per Plate and bar radiator/oil cooler combination, 6.3 fins per inch, 10 quart (9.5 inch, 7.0 quart (6.6 liter) capacity. liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% 14 gallon (53 liter) capacity. Biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. 15 gallon (56.8 liter) capacity. TRACTION DRIVE Front drive wheels powered By a hydrostatic pump with individual wheel motors. All -wheel drive optional with CrossTrax„ All -Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires Rear steer tires: 20 x 12-10 MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum -type front wheel Brakes. Brakes may Be actuated for service Braking via left foot pedal. Integrated foot pedal lock provides parking Brake. Dynamic Braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GAUGES InfoCenter"' onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, Backlap speed, glow indicator (diesel), lift/lower indicator. Single foot -operated traction pedal, foot actuated mow speed limiter, foot Single foot -operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking Brake. Hand -operated key ignition switch, CONTROLS actuated service and parking Brake. Hand -operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and throttle, isochronous engine speed control, cutting unit raise/lower joystick, headlight switch all positioned on right hand pivoting control console. cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. Heavy-duty 12 -volt Battery, 570 CCA, 40 amp alternator. Electronic control unit Heavy-duty 12 -volt Battery, 570 CCA, 55 amp alternator. Electronic control unit ELECTRICAL &INTERLOCKS is a microprocessor Based, solid state control unit with diagnostic capabilities. is a microprocessor Based, solid state control unit with diagnostic capabilities. Traction pedal, parking Brake, operator presence in seat, and cutting unit Traction pedal, parking Brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled By an integrated hydraulic control Block. Reel speeds are electronically adjustable in nine incremental settings. Standard on -board Backlapping. CUTTING UNIT LIFT/LOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high Back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat Belt HEIGHT 63" (160 cm) seat top, 85.5' (217.2 cm) top of BOPS. LENGTH (2WD) 111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 116" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,693 lbs. (1,222 kg) (20, 2,803 lbs. (1,271 kg) (4WD) 3,131 lbs. (1,420 kg) (20, 3,241 lbs. (1,470 kg) (4WD) CERTIFICATION Complies with ANSI 871.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator's Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. *Specifications and design suhjectto change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale mayvary in use, design, required attachments and safety features. See distrihutor for details on allwarranties. ITMAN r The Reelmaster 5510 isg�nufactured ci m Tomah,in WI ISO 9002 dart I��rt .68 w 60 Reelmaster 551015510-D Accessories* TYPE iAND-BLADE II I6il6'AND I. 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 7" (17.8 cm) diameter, 8 and 11 blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25' -1" (6.4-25.4 mm) standard. Up to 2" (50.8 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-1,650 rpm with a backlap speed of 200 pm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 3" (7.6 cm) diameter steel rear roller. Other roller configurations optional. TYPE UNIVERSALROOMER, MODEL 03763 Forward, Reverse & Neutral. Rotating blades with optional Broomerlm brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5' (52.1 cm) GROOMING RANGE 0-0.25' (0-6.4 mm) below height of cut when engaged, 0-0.25' (0-6.4 mm) above height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. TYPE POWERED REAR ROLLER BRUSH, MODEL 03408 Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven I I point SPIN RATE Rapid 2000 rpm spin rate. 7" (17.8 cm) CUTTING UNIT ACCESSORIES CUTTING UNITS 03629 7" (17.8 cm) cutting unit finishing kit 03638 7" (17.8 cm) 8 -blade, radial: 03639 7" (17.8 cm) 8 -blade, forward -swept 03641 7" (17.8 cm) 11 -blade, forward -swept 03619 1 7" (17.8 cm) verticutter cutting unit 7" (17.8 cm) CUTTING UNIT ACCESSORIES TRACTION UNIT ACCESSORIES 03655 CrossTraxl All -Wheel Drive Kit 03667 Air -ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 7" (17.8 cm) CUTTING UNIT ACCESSORIES 03768 Universal Groomer 03765 22" (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03418 Universal Only Weight Kit 03659 Powered rear roller brush for groomers 03419 Universal w/RRB Weight Kit 03408 Powered rear roller brush only 03405 Weight for cutting units without attatchments 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 is anufactured a��Ll p ctin omah, WI ISO 9002 cart � .6(J 60 BEDKNIFE OPTIONS 108-9095 EdgeMax"" 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5510 is anufactured a��Ll p ctin omah, WI ISO 9002 cart � .6(J 60 Reelmaster 5610 Specifications* ENGINE REELMASTER 5610 4WD, MODEL 03678 1 REELMASTER 5610-D 4WD, MODEL 03679 4 Kubota 4 -cylinder, liquid cooled, diesel engine. 44.2 hp (33 kW) @ 3000 rpm. Yanmarl 3 -cylinder, liquid cooled, turbo -diesel engine. 43.5 hp (32.4 kW), 74.4 ft. lbs. (105 Nm) torque,1.64 liter displacement. Tier 4 Final Compliant. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin -on fuel filter/water separator. AIR CLEANER Heavy duty three -stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.3 fins per inch, 10.0 quart (9.5 liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. TRACTION DRIVE Front drive wheels powered by a hydrostatic pump with individual wheel motors. All -wheel drive optional with CrossTraxl All -Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors. CrossTraxl All -Wheel Drive system standard, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors. GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires; Rear steer tires: 20 x 12-10. MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum -type front wheel brakes. Brakes may be actuated for service braking via left foot pedal. Integrated foot pedal lock provides parking brake. Dynamic braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GANGES InfoCenter'" onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, backlap speed, glow indicator (diesel), lift/lower indicator. CONTROLS Single foot -operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand -operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. ELECTRICAL &INTERLOCKS Heavy duty 12 -volt battery, 570 CCA, 40 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled by an integrated hydraulic control block. Reel speeds are electronically adjustable in nine incremental settings. Standard on -board backlapping. CUTTING UNIT LIFTILOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat belt HEIGHT 63" (160 cm) seat top, 85.5' (217.2 cm) top of BOPS. LENGTH (2WD) 111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 116" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,756 lbs. (1,276 kg) (20, 2,866 lbs. (1,326 kg) (4WD) CERTIFICATION Complies with ANSI 671.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator's Manual for details. WARRANTY I Two-year limited warranty. Refer to the Operator's Manual for further details. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. ttePf AN J' The Reelmaster 5610y anuffaryacture ci m in Tomah, WI IS( ig��en � , 60 Reelmaster 5610 Accessories* TYPE iAND-BLADE II I6il6'AND I. 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 7" (17.8 cm) diameter, 8 and 11 blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25' -1" (6.4-25.4 mm) standard. Up to 2" (50.8 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-1,650 rpm with a backlap speed of 200 pm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 3" (7.6 cm) diameter steel rear roller. Other roller configurations optional. TYPE UNIVERSALROOMER, MODEL 03763 Forward, Reverse & Neutral. Rotating blades with optional Broomerlm brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5' (52.1 cm) GROOMING RANGE 0-0.25' (0-6.4 mm) below height of cut when engaged, 0-0.25' (0-6.4 mm) above height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. TYPE POWERED REAR ROLLER BRUSH, MODEL 03408 Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven I I point SPIN RATE Rapid 2000 rpm spin rate. 7" 07.8 cm) CUTTING UNIT ACCESSORIES CUTTING UNITS 03629 7" (17.8 cm) cutting unit finishing kit 03638 7" (17.8 cm) 8 -blade, radial: 03639 7" (17.8 cm) 8 -blade, forward -swept 03641 7" (17.8 cm) 11 -blade, forward -swept 03619 1 7" (17.8 cm) verticutter cutting unit 7" 07.8 cm) CUTTING UNIT ACCESSORIES TRACTION UNIT ACCESSORIES 03655 CrossTraxl All -Wheel Drive Kit 03667 Air -ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 7" 07.8 cm) CUTTING UNIT ACCESSORIES 03768 Universal Groomer 03765 22" (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03418 Universal Only Weight Kit 03659 Powered rear roller brush for groomers 03419 Universal w/RRB Weight Kit 03408 Powered rear roller brush only 03405 Weight for cutting units without attatchments 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. SCRAPER OPTIONS 107-3280 BEDKNIFE OPTIONS 108-9095 Wiehle Roller Scraper EdgeMax"" 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit The Reelmaster 5610 g�`'�anufacture a� ' in Tomah, WI ISO900�Ce��n 8v 60 • Quick Attach System to change implements in seconds without tools • Over 25 implements available • Hydraulic power steering (5040) • Exclusive steerable front attachments (5040) • 16hp (3040), 18hp (5040) Kawasaki V -twin engine • Responsive hydraulically -actuated front (5040) and rear attachments Sand Pro'3040/5040 BUNKER RAKE ro Catt your Toro distributor at 800-803-8676 Sand Pro 3040 & 5040 Specifications* MM ENGINE SAND PRO 3040, MODEL 08703 I PRO 5040, MODEL 08705 Vanguard, V -twin cylinder, 4 -cycle, BHV, air-cooled, gas engine with cast iron sleeves, 16 hp 111,9 kw at 3600 rpm, Displacement: 29,3 cu. In. 1480 cc]. DII capacity, 1,75 quart 11.8 liter], Electronic ignition, full pressure lubrication, oil filter. Base mounted engine and pump with 4 isolation mounts. Vanguard, V -twin cylinder, 4 -cycle, BHV, air-cooled, gas engine with cast iron sleeves, 18 hp 113,4 kWJ at 3600 rpm, Displacement 34.8 cu. In. 1570 cc]. DII capacity, 1,75 quart 11.8 liter], Electronic ignition, full pressure lubrication, oil filter. Base mounted engine and pump with 4 isolation mounts. AIR CLEANER SYSTEM Remote mounted 3-phase Donaldson" air cleaner. FUEL CAPACITY 5.0 gallon (18.9 liter) of unleaded gasoline. TRACTION DRIVE Direct driven hydrostatic variable displacement piston pump to 3 hydraulic motors for 3WD. Large, front mounted hydraulic cooler and fan. Foot pedal control, forward/reverse. Patented Series/Parallel hydraulic traction system keeps three wheels working together, virtually eliminates spin -outs. GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. HYDRAULIC OIL 5.0 gallon (18.9 liter) system capacity. Nylon reservoir to reduce corrosion. 10 (nominal) micron replaceable cartridge. TIRESIWHEELS Three 22 x 11.00-8 pneumatic tubeless tires on demountable, interchangeable wheels. Tire pressure: 4-6 psi (27.5 kPa). MAIN FRAME Tricycle vehicle with welded rectangular tubular steel frame construction. Rear engine placement. BRAKES Dynamic braking through the hydrostatic transmission and hand actuated brake lever. STEERING Manual front wheel steering. 15" (38 cm) diameter steering wheel. Double lobed for life gearbox. Hydraulic power steering. 15" (38 cm) diameter steering wheel. CONTROLSI6AU6ES Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Foot pedal controls traction forward/reverse speed. Rear hydraulic lift and lower controls. Gauges: hour meter. Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Foot pedal controls traction forward/reverse speed. Front and rear hydraulic lift and lower controls. Gauges: hour meter. SEAT High -back cushion seat wldrain hole. 4" front -back adjustment wladditional 1.75' mounting adjustment. (arm rests optional) ELECTRICAL FEATURES 12 -volt battery, 15 amp., 300 CCA @ 0° F,12 -volt electric starter. Dash mounted ignition switch with key. Neutral interlock switch, seat switch. Also provisions for light kit. 12 -volt battery, 15 amp., 3DB CCA @ D° F,12 -volt electric starter. Fender mounted ignition switch with key. Neutral interlock switch, seat switch, also provisions for light kit. POWER 97 dB(A) under normal operating conditions. DIMENSIONS Width: 58" (147 cm), Length: 67.5' (171.5 cm), Height: 45.25" (114.9 cm), Wheelbase: 42.75" (108 cm) GROUND CLEARANCE 6.0" (15.2 cm) WEIGHT Net weight (less fluids): 930 Has. (421.8 kg). WARRANTY Two-year limited warranty. Refer to the Operator's Manual for further details. Briggs & Stratton provides a two-year commercial engine warranty and a lifetime Magnetron warranty. MID -MOUNT ASSEMBLY FRONT FRONT LIFT FRAME ASSEMBLY Front Quick Attach System ' mounting assembly and hydraulic components. Used on Sand Pro 5040 only. Model 08713. HYDRAULIC FLEX BLADE Hydraulic GAS flex blade is designed for leveling, packing, and smoothing uneven areas in one pass. Model 08712. Available for SP5040 only (requires Front Lift Frame Assembly - 08712) DISCHARGE KIT Standard 40" (102 cm) width steel blade. Spring balanced manual blade is used for leveling uneven areas and pushing up bunkers after washouts (cannot be used MANUAL BLADE when 08712 is installed). Model 08714. LIP BROOM Blade extension available to increase blade width to 60" (152 cm) for leveling out larger uneven areas. PN 115-5646. MID -MOUNT ASSEMBLY FRONT & REAR OAS ATTACHMENTS BUNKER PUMP Throws water up to 40' (12 m) and can pump 95 gal/min (360 Umin). Adjustable throw direction and angle. Requires Rear Remote Hydraulics (08781) for rear GAS mount. Requires Front Lift Frame Assembly (08712), Rear Remote Hydraulics (08781) and Front Remote Hydraulics for front GAS mount (on SP5040 only) Model 08765. BUNKER PUMP REMOTE An available 50' (15 m) discharge hose allows the GAS Bunker Pump to be removed and dropped into hard to reach areas. DISCHARGE KIT PN 115-2084. Used for general scarifying applications. Rotate teeth to maximize tine life (requires Mid -Mount Assembly - 08731). Model 08734. Eliminates the task of manually maintaining infield lips. Removes ridge buildup by sweeping material back into the infield. Mounts to front GAS (SP5040) and rear LIP BROOM GAS (SP3040 & 5040). Requires Front Lift Frame Assembly- 08712 for front attachment (on SP5040 only) Use for light to moderate scarifying and daily maintenance in bunkers and on premium fields (requires Mid -Mount Assembly - 08731). Model 08733. Lip Broom available from Rahn Industries at www.rahngroomer.com or 1-800-298-1707. Maintains the grass edge of the outfield near the infield skin or warning track. Easily renovate ballfields by removing overgrown turf and infield lip build-up. Significantly reduces labor required for infield edging (requires Rear Remote Hydraulics - 08781). Model 08766. The 64" Turf Plow is a great tool for removing aeration cores from greens, clearing snow from walkways, cart paths and even sports fields. It is lightweight and TURF PLOW features a rounded lower lip that Is gentle on turf. The Turf Plow fits both Sand Pro 3040 and 5040. Turf Plow is available from Nordic Plow at nordicplow.com MID -MOUNT ASSEMBLY MID -MOUNT Base mounting assembly for mid -mount toolbars with spring-loaded regulation to allow relief if obstruction is hit. Model 08731. WEEDER TINE TOOLBAR Ideal for removing weeds and grass from less maintained bunkers and fields (requires Mid -Mount Assembly - 08731). Model 08732. LEVELING BLADE Attaches to any mid -mount toolbar to quickly level out large areas. Foot operated latch allows operator to lower leveling blade independently from the other mid - mount toolbar. PN 108-8496. SOLID TINE TOOLBAR Used for general scarifying applications. Rotate teeth to maximize tine life (requires Mid -Mount Assembly - 08731). Model 08734. CARBIDE TINE TOOLBAR Use in the harshest conditions and for extended life -15 carbide tines included (requires Mid -Mount Assembly - 08731). Model 08735. SPRING TINE TOOLBAR Use for light to moderate scarifying and daily maintenance in bunkers and on premium fields (requires Mid -Mount Assembly - 08731). Model 08733. EDGER Maintains the grass edge of the outfield near the infield skin or warning track. Easily renovate ballfields by removing overgrown turf and infield lip build-up. Significantly reduces labor required for infield edging (requires Rear Remote Hydraulics - 08781). Model 08766. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2115 The Sand Pro 3040 &5are manufa 'F in Tomah, WI ISO 9002 art 60 Sand Pro 3040 & 5040 Accessories* TOOTH RAKE REAR OAS ATTACHMENTS Designed to lightly scarify, pack, smooth and groom in one pass. Use in dry or wet conditions and can improve the condition of neglected sports fields. Model 08751. WEIGHT KIT FOR TOOTH RAKE Additional weight for the Tooth Rake attachment to improve performance in coarse or wet conditions. Set of 5 weights. PN 115-4333. TOOTH RAKE BROOM 75" (190 cm) Brush -Attaches behind the Tooth Rake (08751) for a smoother finish. Model 08816. PIVOTING TROWELS KIT This kit allows independent outside trowels to pivot and rake across the entire turn which eliminates unraked teardrop -Attaches to Tooth Rake (08751). PN 119-7158. SPRING RAKE Leaf rake assembly designed to be used alone or in combination with the tooth rake (08751) to achieve desired appearance. Great for wet conditions and collecting debris in groomed areas (if used independently, requires GAS A -Frame Assembly, 108-9427). Model 08752. DRAG MAT CARRIER SYSTEM OAS -mounted carrier frame with hydraulic lifter allows operator to raise and lower drag mats without ever leaving the operator seat. 72" (183 cm) width. Model 08756. COCO DRAG MAT Quickly produces a premium finish on dry, level surfaces (requires Drag Mat Carrier System - 08756). Model 08758. STEEL DRAG MAT Designed to for more rugged surfaces to quickly groom and finish. Use on wet or dry sand surfaces (requires Drag Mat Carrier System - 08756). Model 08757. NAIL DRAG Pivots to follow the contours of uneven field surface. Use to scarify, loosen, or weed before smoothing. Easily adjust nail pattern and depth. Accepts up to a 40D common nail. Model 08761. SEGMENTED GROOMING BROOM Designed to minimize top surface disruption, to maximize firmness, and provide a smooth finished look in contoured bunkers. Model 08753. REPLACEMENT SEGMENTED GROOMING BROOM Replacement grooming broom with stiffer bristles. PN 110-8182. WEIGHT KIT FOR SEGMENTED GROOMING BROOM Additional weight for Segmented Grooming Broom to improve performance in coarse or wet conditions. Set of 4 weights. PN 112-0025. GROOMING BRUSH Designed to groom and level synthetic turf fields. Designed to brush in topdressing and stand-up turf on greens and tees - (requires Synthetic Turf Brush Kit, PN 119-7107 or Greens Brush Kit, PN 119-7108). Model 08794. SYNTHETIC TURF BRUSH For use with Turf Groomer, 08794. PN 119-7107. GREENS BRUSH For use with Turf Groomer, 08794. PN 119-7108. SPRING TINE KIT Use to help stand-up and decompact synthetic turf. For use with Turf Groomer, 08794. PN 119-7109. MAGNET ATTACHMENT Use to collect ferrous debris on synthetic field. For use with Turf Groomer, 08794. PN 119-2827. SYNTHETIC TURF CONDITIONER Stainless spring steel brushes loosen infill from compacted synthetic turf fields. Use to scarify, loosen, or weed infields. Use to groom beaches and rocky trails. Model 08790. GAS FINISH GRADER Use to level and/or scarify large areas. Includes box plow and scarifier with spring load regulation to allow relief if obstruction is hit. Model 08754. RAHN GROOMER The Rahn GL650 Infield Groomer levels uneven playing fields, helping to prevent ridge build up while creating a safer, more consistent infield. The triple row broom is perfect for finishing the playing surface and can be stored upright for easy transport. The 2 -way leveling system provides both a lock and float position to match infield conditions Rahn Groomer available from Rahn Industries at www.rahngroomer.com or 800-298-1707. GAS SPIKER Use for spiking greens and other formal turf to increase air flow for healthier turf. Model 08755. GAS DEBRIS BLOWER High powered blower designed to quickly clear debris from groomed and unwanted areas. Hydraulically -powered, 2000 rpm fan speed - 2700 cfm @ 81 mph (2700 cfm @ 130 kph). Requires Rear Remote Hydraulics - 08781. Model 08759. BASIC DRAG MAT SYSTEM Basic Drag Mat System, Model 112-1424 (requires 108-9427 & 110-1375) OAS A -FRAME ASSEMBLY ACCESSORIES Can attach Spring Rake 08752 to be used independently. PN 108 9427. 400 -HOUR FILTER MAINTENANCE KIT Includes 9 engine oil filters, 2 hydraulic oil filters and 2 air filters. Model 30035. REAR REMOTE HYDRAULICS Quick -connect design allows rear -powered attachments to be connected in under a minute. Model 08781. FRONT REMOTE HYDRAULICS Quick -connect design allows front -powered attachments to be connected in under a minute. Model 08782. VARIABLE ORIFICE KIT Slows hydraulic lift and lower for increased precision and accuracy when using hydraulically -powered attachments. PN 112-1433. LIGHT KIT Front and rear flood lights improve operator visibility during low natural light operation. PN 110-1314. SPEED CONTROL KIT Adjustable speed check trains operators to groom at the desired speed while allowing the traction unit to operate in transport speed between tasks without any adjustments or levers. PN 110-1371. HITCH/TOW BAR Converts the traction unit to a utility vehicle to transport materials or trailers. Attaches to GAS A -Frame or 108-9427 for quick removal. PN 110-1375. FRONT WEIGHT KIT r5O to (22.7kg) - allows the Spiker or Rahn' Groomer attachments without the Front Lift Frame Assembly attached to meet ANSI compliance. PN 100-6442. SMOOTH TIRE OPTIONAL Includes individual tire, wheel and stem valve assembly. Typically used on greens. PN 112-0034. TURF TIRE Turf tread tire. PN 94-6126. *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. 2015 Toro Commercial Equipment Guide 15-003 T Rev. 2115 The Sand Pro 3040 & S0� are manufa ct=� 'm in Tomah, WIISO I �-1 51t. 9c L, 60 • Toro SpeedContr'l delivers precise ground speed during spraying and top dressing applications • Two -speed transmission with high and low range • Total vehicle payload of 3,295 lbs (1498 kg)* • Towing capacity 3,500 lbs (1591 kg) • Kohler 28hp liquid -cooled ER gasoline engine • Two -wheel and four-wheel drive options Workman'HDX Auto HEAVY-DUTY UTILITY VEHICLE Toro's proprietary SpeedContr'lTm insures precise ground speed to engine speed critical for accurate application rates with bed mounted top dressers and sprayers. Simply select the correct position on the SpeedContr'l and you are set. Put your foot to the floor and maintain consistent speed over undulating fairways and hills. Let the transmission and the engine do the work so the operator can focus on getting the job done. toro.com/hd Catt your Toro distributor at 800-803-8676 Workman® HDX Auto Specifications* WORKMAN HDX AUTO, MODEL 07390 1 07390TC ENGINE 28 hp (14.9 kW) Kohler LH775 Twin -cylinder, liquid -cooled electronic fuel injection DISPLACEMENT 747cc FUEL Gasoline COOLING Liquid TRANSMISSION Variable speed transmission with forward high -low range and reverse featuring Toro SpeedContr'[TM MAXIMUM SPEED Forward low range 11 mph (17.7 km/h), Forward high range 20 mph (32.2 km/h), Reverse 13 mph (20.9 km/h) 4WD MODEL Fully automatic on -demand, bi-directional system. Uses dual bi-directional clutches. In event of rear tire slippage, clutches transmit power proportionally to front wheel with highest traction. BASE MACHINE WEIGHT HDX Auto 2WD: 1,905 lbs (866 kg) (INCLUDES BED) HDX Auto 4WD: 1,935 lbs (880 kg) TOTAL PAYLOAD CAPACITY (INCLUDING TWO, 200LB HDX Auto 2WD: 3,295 lbs (1498 kg) PASSENGERS) HDX Auto 4WD: 3,265 lbs (1484 kg) CARGO BED CAPACITY (ASSUMES TWO, 200LB HDX Auto 2WD: 2,895 lbs (1316 kg) PASSENGERS) HDX Auto 4WD: 2,865 lbs (1303 kg) LENGTH 127.6" (324 cm) without bed; 30" (330 cm) with bed WIDTH 64.7" (164.3 cm) HEIGHT 75.8" (192.5 cm) to top of ROPS CLEARANCE CIRCLE 2WD Inside = 32" (81 cm); Outside = 194" (493 cm) 4WD Inside = 100" (254 cm); Outside = 300" (726 cm) GROUND CLEARANCE 7" (18 cm) with no load DIFFERENTIAL LOCK Electronic switch to engage rear differential lock FRONT SUSPENSION Independent suspension with dual A -frame control arms, dual coil springs and dual shock absorbers with anti -sway bar. Provides 5.75" (14.6 cm) travel. REAR SUSPENSION DeDion rear axle (weight carrying axle) suspension independent of transaxle with dual leaf springs and dual shock absorbers. Provides 3" (7.6 cm) travel. BRAKES 4 -wheel hydraulic disc brake system CERTIFICATIONS Certified to meet SAE J2258. Certified to meet ISO/DIS 21299 for BOPS. Engine meets all applicable emission standards per the manufacturer. Certified to meet the CE Machinery Directive. WARRANTY Two-year limited warranty. See Operator's Manual for further details. 600 lbs (272 kg) tongue weight TOW HITCH 3,500 lbs (1587 kg) trailer weight Trailers over 1,500 lbs (680 kg) require trailer brakes *Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. 2015 Tara Commercial Equipment Guide 15-003-T Rev. 2/15 r The Workman HD utility vehicle is nufactur F in Tomah, WI ISO 9002 Certified P t. w 60 TAB 5 -Other Forms. The following forms should be completed and signed: 1. Attachment B: Required Response Form a. Vendor Information form b. Exceptions & Confidential Information form See attachment `Exceptions Taken'. c. General Questionnaire form d. Lawful Presence Affidavit e. Respondent Certification form (Offer and Acceptance) See Attachment B. 2. W-9 Form. All responses should include a fully completed, current W-9 form. Failure to include the W-9 will not disqualify your response, however the W-9 must be submitted to the City prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/daub/irs-pdf/fw9.pdf) W-9 attached. 3. The successful Respondent will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. The Agreement shall be signed no later than issuance of the City of Mesa's Notice of Intent to Award letter. Respondent should complete all reviews of the document prior to submitting a response. Respondent's response should include any proposed exceptions to the National IPA Administration Agreement. Included in Exceptions Document attached. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 693 of 1360 �i REQUIRED RESPONSE FORMS mesa„ VENDOR INFORMATION Company Legal/Corporate Name: The Toro Compan Doing Business As (if different than above): Toro Address: 8111 Lvndale Ave South City: Bloomington State: MN Zip: 55420 Phone: 952-887-7936 Fax: E -Mail Address: peter.whitacre(cbtoro.com Website: www.toro.com DUNS # 006477400 State Where Business Entity Was Formed: Delaware Remit to Address (if different than above): Order from Address (if different from above): Address: varies by dealer Address: varies by dealer City State: Zip: Contact for Questions about this bid: Name: Peter Whitacre Phone: 952-887-7936 Day -to -Day Project Contact (if awarded): Name: Jon Stodola Phone: 952-887-7937 Sales/Use Tax Information (check one). City: State: Zip: Title: Regional Business Manager E -Mail Address: peter.whitacre(o)toro.com Title: Government Sales Manager E -Mail Address: Ron. stodola(o)toro,com F-1 Respondent is located outside Arizona and does NOT collect Arizona State Sales/Use Tax. (The City will pay use tax directly to the Arizona Department of Revenue.) El Respondent is located outside Arizona, but is authorized to collect Arizona Sales/Use Taxes. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities.) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % Respondent is located in Arizona. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities) State Sales Tax Number: 07-635557-U City Sales Tax Number: 16-00000563 City of: Goodyear AZ Applicable Tax Rate: variable based on purchase amount. Line items $5,000 or less taxed at 8.8%. Line items $5001 and greater taxed at 7.5%% V7/14/2015 Required Response Forms - Page 1 of 5 2017025 Page 694 of 1360 EXCEPTIONS & CONFIDENTIAL INFORMATION Exceptions (mark one). Respondents shall indicate any and all exceptions taken to the provisions or specifications in this Solicitation. Exceptions that surface elsewhere in the Response and that do not also appear under this section shall be considered rejected by the City, invalid and of no contractual significance. Other Forms or Documents: If the City is required by the awarded Respondent to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Respondents forms or documents. *Special Note - Any material exceptions taken to the City's Specifications and/or Standard Terms and Conditions may render a Bid Non-responsive. El No exceptions Exceptions Taken: Please describe exact sections to which exception is taken. If proposing new or modified language, your firm shall identify the requested language below or provide as additional attachment. The City reserves the right to accept or reject any requested exceptions listed in the below section or attached to the solicitation. see attachment 'Exception Taken' Confidential/Proprietary Information (mark one). F-1 No confidential/proprietary materials have been included with this Response. Fq Confidential/Proprietary materials included with Response. Respondent must identify below any portion of their Response deemed confidential or proprietary and attach additional pages if necessary (See Mesa Standard Terms and Conditions related to Public Records). Requests to deem the entire bid as confidential will not be considered. The disclosure by the City of information deemed by Respondent as confidential or proprietary is governed by City of Mesa Procurement Rules. All pricing submitted with this RFP V7/14/2015 Required Response Forms - Page 2 of 5 2017025 Page 695 of 1360 GENERAL QUESTIONNAIRE Compliance with Applicable Laws. Respondent complies with Exhibit 1, Draft Agreement, Exhibit C, Mesa Standard Terms & Conditions, 9. "Compliance with Applicable Laws"? M Yes n No 2. Delivery. Delivery, as stated in Detailed Specifications, can be met. F Yes n No If no, specify number of days for delivery 3. Payment terms. Payment Due (Not less than net 30 days): 30 Payment Discount of 0% if invoices are paid within days of receipt. 4. Procurement Card. Does Respondent allow payment of invoices using a Procurement Card? Fq Yes n No (Marking a "no" answer will not disqualify your Response.) Discount for Procurement Card Purchases? There is no discount for using Procurement Cards but there may be a convenience fee charged by the dealer% 5. Cooperative Purchasing. The use of this Agreement as a cooperative purchasing agreement available to other governmental agencies is described in the Mesa Standard Terms and Conditions. The use of this Agreement as a cooperative purchasing agreement is subject to approval by the Respondent as designated below. 6. Does Respondent agree to extend the prices, terms and conditions of the Agreement to other agencies as specified in the Standard Terms and Conditions? M Yes n No (Marking a "no" answer will not disqualify your Response.) Addenda. Respondents are responsible for verifying receipt of any addenda issued by checking the City's website at www.mesaaz.aov/business/purchasing or the Vendor Self Service portal prior to the Response Due date and time. Failure to acknowledge any addenda issued may result in a response being deemed non- responsive. Failure to review addenda does not negate Respondent's initial offer and holds Respondent for any changes prior to Response Due date and time. Acknowledgement of Receipt and Consideration of Addenda (if applicable): Addenda # 1 M 2 F 3 n 4 n V7/14/2015 Required Response Forms — Page 3 of 5 2017025 Page 696 of 1360 LAWFUL PRESENCE AFFIDAVIT FJ CHECK HERE AND SKIP THIS AFFIDAVIT IF: Respondent is an LLC, a Corporation or a Partnership as indicated on your W-9. (Please include a copy of your W-9) COMPLETE THIS AFFIDAVIT IF: Respondent is an Individual (Natural Person) or a Sole Proprietor as indicated on your W-9. (Please include a copy of your W-9) ARS § 1-502 requires any person who applies to the City for a Local Public Benefit (defined as a Grant, Contract or Loan) must demonstrate through the presentation of one (1) of the following documents that he/she is lawfully present in the United States (See the Solicitation Instructions for more information). Please place a check mark next to the applicable document and present the document to the City employee. If mailing the response, attach a copy of the document to this Affidavit. (If the document says on its face that it may not be copied or you know for reasons of confidentiality that it cannot be copied, you will need to present the document in person to the City for review and signing of the affidavit.) L1 1. Arizona driver license issued after 1996. Print first 4 numbers/letters from license: L1 2. Arizona non-operating identification license. Print first 4 numbers/letters: F-1 3. Birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. Year of birth: Place of birth: F-1 4. United States Certificate of Birth abroad. Year of birth: Place of birth: F-1 5. United States passport. Print first 4 numbers/letters on Passport: F-1 6. Foreign passport with a United States Visa. Print first 4 numbers/letters on Passport: Print first 4 numbers/letters on Visa: F-1 7. 1-94 form with a photograph. Print first 4 numbers on 1-94: F-1 8. United States Citizenship & Immigration Services Employment Authorization Document (EAD). Print first 4 numbers/letters on EAD: F-1 9. Refugee travel document. Date of Issuance: Refugee Country: F-1 10. United States Certificate of Naturalization. Print first 4 digits of CIS Reg. No.: F-1 11. United States Certificate of Citizenship. Date of Issuance: Place of Issuance: F-1 12. Tribal Certificate of Indian Blood. Date of Issuance: Name of Tribe: F-1 13. Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of Birth: Place of Birth: In accordance with the requirements of Arizona law, I do swear or affirm under penalty of perjury that I am lawfully present in the United States and that the document I presented to establish this presence is true. Signature Brad Hamilton Print Name December 9, 2016 Date The Toro Company Business/Company Name Verification of Attachment by City Staff: Signature Date V7/14/2015 Required Response Forms - Page 4 of 5 2017025 Page 697 of 1360 RESPONDENT CERTIFICATION By submitting the Response and signing this Certification, the Respondent understands and certifies to all of the following: a) The information provided in Respondent's Response it true and accurate to the best of Respondent's knowledge. b) Respondent is under no legal prohibition that would prevent Respondent from contracting with the City of Mesa. c) Respondent has read and understands the Solicitation packet as a whole (including attachments, exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of the Solicitation as set forth in Respondent's Response. d) To Respondent's knowledge, Respondent and Respondent's employees have no known, undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules. If Respondent or Respondent employees have a known conflict of interest, Respondent has disclosed the conflict in its Response. e) Respondent did not engage in any anti-competitive practices related to its Response or the Solicitation. The prices offered by Respondent were independently developed without consultation or collusion with any other Respondents or potential Respondents. f) No gifts, payments or other consideration were made to any City employee, officer, elected official, agent, or consultant who has or may have a role in the procurement process for the services/materials covered by the Solicitation. g) Respondent grants the City of Mesa permission to copy all parts of its Response including, without limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in evaluating the Response; and (ii) to be disclosed in response to a public records request under Arizona's public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule 6.13. h) If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation Respondent will: i. Provide the materials or services specified in the Response in compliance with all applicable federal, state, and local statutes, rules and policies; ii. Honor all elements of the Response submitted by Respondent to the City including, but not limited to, the price and the materials/services to be provided; and iii. Enter into an agreement with the City based on the terms and conditions of the Solicitation and the Response, subject to any negotiated exceptions and terms. i) Respondent is current in all obligations due to the City including any amounts owed the City and any licenses/permits required for the general lawful conduct of business. Respondent shall acquire all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the execution of a contract with the City pertaining to the Solicitation. j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full power and authority to submit binding offers for the goods/services specified herein. Respondent intends by the submission of this Certification to be bound by the terms of the Certification, Solicitation, and Response, subject to any negotiated terms/exceptions. ACCEPTED AND AGREED TO BY RESPONDENT: Company Name: The Toro Company Signature: Printed Name: Brad Hamilton Title: Vice President Date: December 9, 2016 V7/14/2015 Required Response Forms — Page 5 of 5 2017025 Page 698 of 1360 Attachment: Exceptions Taken Scope of Work; 3 General Requirements C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, f4.Wes fes --.he def W f , and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or its Arid/car distributors, is/��,reW required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor or it's dealers and/or distributors will maintain a ........................................................................................................................................................................................................ factory authorized parts and service facility for normal and warranty service. The Contractor shall er coura e it's or it's dealers and/or distributors be -G �ab4 W )r. � t:o use their best: efforts to .........................,0........................................................................................................................................................................................................................................ f.............................................................................................................................................................. provide parts within twenty-four (24) hours and mal' Gapab.le4.44beir-u eW t e r best efforts to eW on site to respond to service requests within twenty-four (24) hours. Scope of Work; 4 Product Requirements C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. Contractor should use reasonable efforts to deliver Ake ...................................................................................................................................................................................................................................................... replacement products m4st. be r W ° W tp the City within seven (7) days of initial notification. Draft Document; Terms and Conditions.; Ilfiii!xlliilbii4 1 1.3 Delivery.. `, t acknowled es ghat: I delivery lj beW...madeW b cont:ract:or's dealers and/or distributors .which are rode erdert: businesses. ort:ract:or .will use reasonable efforts to encoura e dealers and/or ........................................................................................ ct„ estr butor.s to rna eW„c)eWl�v r r� as to the location(s) contained in the Scope of Work within 30 days after receipt of an order. 2. Scope of Work. E. x.ceW as otherwise s ecified in this reement: A Tlhe Contractor will provide the ,...,, . ... t: necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 699 of 1360 including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. Notwithstanding,,,,„.._g.jr.�r....cif._t:,tI......c.t;.k�..r.... rovisior�s ire t:l�is A reemer�t: Cit: ackr�ouvled es t:l�at: roduct:s and services suble,ct ted this ��greWemeWrat are.....f�rovideWd by Contractor's dealers Strad/or distributors? which are iradeW endent: businesses and set. their own rices. Contractor has no aut.horitv to set: Drices for it's dealers and/or distributors. "`orat:ract:or a rasa t:o make t:he germs of this a reWemeWrat: known t:o a � licable dealers .................................................................................................................................................................................................... and/car distributors and ted use re asonable efforts to ir�cer�t ted provide goods ar�d seWrvices to Cit:y sub`ect: to the germsof this agreement:. 7. Requirements Contract. re g yr...... ° ewfedges.......d-- W .s......#1 "e . t.......s....... W'r W Wf” Dhe Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase or efs i ° W 0. E d— : aiE W ce... rior t:o t:e gime para roduct: wit:ira t:heW urease order has .eW.r� sh.i. ed; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, .t4e....C.. ........ ... -. GGr4.fac.. ...... u.aL....a. o • e -i.ed... GG . ° ,K .. . 4R a °,. . The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. Exhibit 1 Draft Contract Exhibit C Mesa Standard Terms and Conditions 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Ncit;wit:hst;��„r�,ct,ing.....th....fgreW.gp.ing..a......I.t:.V.._g.qKrI.c�.wle.ct..ge.....t:.h.��t;... roduct:s arad services subject tc� this„ reWemeWrat: are rovideWd b Corat:ract:or's dealers Barad/or dist:ribut:ors which are irade endent: businesses and set. their own rices. Corat:ract:or has rao aut: h o rJ t..v to set: rices for it's dealers and/car distributors and n . auth - rity to require them to orovidee goods or services sub[ect: t:o this Agreement:. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. Cit: ackraowled es Corat:ract:or cannot: controlthet:imin of deliver of �roduct:s arad services 9 ................. v.....................................................................g...................................................................................................................................................................................................................................g............................................................V.................. t.................................................................................................................................. provided by Contractors dealers and/or dist.ribut:ors. `ontractor..._a Tees to use reasonable efforts to e22929ra„ e its dealers arad/or dist:ribut:ors t:o deliver roducts orad services bV cont:ractre :ually aged a )on cteW.I.iveW.r. dates. 9. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the reasonable excess cost by: (i) requiring 6rnrnedfate reimbursement to the City wilh.ira... ...ggg4. _eWrcia.11y City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 700 of 1360 re astir i a b I e _��r ouririt; _�f _tlrneW; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all reWa orrableW, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to....re..asor ab..! e. administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for thoseooc� services W...f. ,. W provided up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 24. INDEMNIFICATION/LIABILITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i)4ie .EK9 ens W mss. AgR-W .nt ")-anyrq ossly negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including re...aa sorra..Ie. assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery., V�royideWd that none of the fore gginq shall rec a re contractqrtqnc incur prWthananWOI.g.IW sW. ..........,...... .......:._ . .. ..e 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination f r.t ......... `It;�r of Mesa. I.I....gtheWr._a�.. encies will be FOII3 Toro dealer and/or dist.ribut.or refight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder to theta.. `Ity of LMesa.... 11 e�tlre r g encies will bear the risk of loss from dealer and/or distributor. ................................................................ 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including t,ut:r1.9.t1_im.it;e d to acts of nature, acts of the public enemy, _givil unrest labor strikes,riots, fire, explosion, legislation, and governmental .................. regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 701 of 1360 under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. National IPA Contract (Attachment D) Exceptions 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is .gne. cf.Supplier's prirn�,Wy "go to market" strategy„y for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract f.ora.. purchase of eguivalexnt scope, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as one of its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstandingars other Provision in this A reemeL1j. �`it: ackrIouvled eWs that. roduct:s and services .................................................................................................................V............................................ f..................................................................................................................9.....................................................,......................... y.........................................................................,. sub eWct: t:o t:his A reWeWmeWr t: are rovideWd b QP..1Aract:9r's dealers and/or dist:ribut:ors which are rode pendent businesses and set: their own prices. QpLjj:ract:or has no aut: h o61t:o set: prices, delivery eta t:eWs, or other ertormar ce germs for itis dealers and/or dist:ribut:ors.C or 11ac 12r..........�� reel to make the terms of this A reWemeWrt: krouvn t:o a �licable dealers and/or dist:ribut:ors and to use reasonable efforts t:o encoura et em .......... t:o rovideW Dods and services t:o it: sub`ect: t:o t:he germs of this A reWement:. 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as yoaarc�,r�, ,,,,of; gurur company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award ate) W SeGt.Grone cif„ou.r... rimar go -to -market strategy „within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 702 of 1360 Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). v................If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. v\LRes orad t:o ars bid se arat:e from iV�ast:er A reemer t: Corit:ract: sales r]ot reported to National IIPA) Detail your strategies under these options when responding to a solicitation. City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 703 of 1360 EVALUATION SUMMARY REPORT AL mesa -az EVALUATION SUMMARY REPORT RFP #20117025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT Evaluation Methodology: * Round 1 — Responsiveness and qualifying requirements * Round 2 — Evaluation and preliminary scoring of proposal * Round 3 — Vendor Clarifications, and negotiations a Final Scoring Proposals wore received from: * Harper Turf Equipment dba Harper Industries, Inc. 9 Textron, Inc. dba Jacobsen, a Division of Textron a The Toro Company dba Toro Round 1: Each response was given an initial review by Purchasing to determine whether it met the minimum requirements to be considered. All vendors met the minimum requirements and were moved forward to Round 2. Round 2: Each response moved forward to this round was evaluated by the evaluation team relative to,the scoring criteria in the solicitation. The evaluation included: • Review of the proposals submitted • Preliminary Scoring vendor, The Toro Company. Final Scoring: The evaluation team completed scoring of the responses against the scoring criteria in the solicitation. Final Scorina gagully-0 Umax; Harper Turf Equipment • Product offering is limited 712DIS Pago 1 of 2 5valust9on Summary Report Page 704 of 1360 Points Harper Turf Textmn, Inc. The Toro Criteria Possible "'uripment /Jacobsen, Company Firm's Proposed Solution 40 19.6 31.4 L9.6 Firm's Qualificaf Ions & ExLerielce 30 18 22 28,2 Firm's Pricing - Equipment 20 01 20 18.66 Firm's Pricing - Parts 10 0 10 8.1 Total :100 --- 94.46. gagully-0 Umax; Harper Turf Equipment • Product offering is limited 712DIS Pago 1 of 2 5valust9on Summary Report Page 704 of 1360 EVALUATION SUMMARY REPORT • No mention of hybrid equipment • Did not list senior technical staff • Limited municipal experience • If awarded would need to create a national team Textron, Inc. I Jacobsen • Equipment offering is lacking some items that we use • Solicitation was lacking some detalls • Did not submit annual sales information • Proposal was unorganized • Only one piece of equipment listed In their hybrid offering • Only in the valley for 6 years The Toro Company • Good product line offering • The AZ distributor - one stop shop • Free online equipmentIMaintenance tracking tool • Also offering Irrigation supplies • Restocking fees • Exception taken Recommendation: Award is recommended to the highest scored respondent, The Toro Company. The evaluation was MentAR,i 0 F �: - OF- W- i4�6 �ame Name Yate' 0 - S 2 �10v/ r Date 11Z /7 Date Name Date RepommendeAn accepted by: °�' NSI ocuremlint 01,71'r Date �&Wqr-a—to r Once the evaluation is complete, complete an awardrecd mmendaflon form, attach a copy of this evaluation summary report and forward for approvals. 7/2015 Page 2 of 2 evaluation Summary Report Page 705 of 1360 III m.. II "II UAM �IOII � a mesallaz NOTICE OF SOLICITATION SOLICITATION # 2017025 Publish Date: October 25, 2016 REQUEST FOR PROPOSAL FOR: GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT PROPOSAL DUE DATE AND TIME: DECEMBER 14, 2016 — 3:00 P.M. LOCAL ARIZONA TIME Notice is hereby given sealed proposals will be received by the Purchasing Division, City of Mesa, Mesa City Plaza, 20 East Main Street, Suite #400, Mesa, Arizona 85201, until the date and time cited above. Proposals received by the correct date and time will be opened publicly and read aloud by the Purchasing Division's Procurement Administrator (or designated representative). ki [07►IIT, /_1►1U_%1101;'fi:jN=M:j S0167►1J:I:7=1►1414 Date and Time: November 15, 2016 8:00 am Local Arizona Time Conference Number: Join by phone: 480-644-6120 Conference ID 319405 Location: Mesa City Plaza 20 E Main St, Room #450 North Mesa AZ, 85201 Please read the entire solicitation package and submit the proposal in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the proposal. Proposal envelopes with insufficient postage will not be accepted by the City of Mesa. Proposals must be in the actual possession of the Purchasing Division Office at the location indicated, on or prior to the exact date and time indicated above. Late submittals shall not be considered under any circumstances. Questions concerning this solicitation should be directed, IN WRITING, to the following Purchasing contacts or their designees: Technical Questions: Jess Romney, CPPB Procurement Officer PHONE: 480-644-5798 FAX: (480) 644-2655 Jesse Rom neyCo)MesaAZ.Qov General or Process Questions: Evan Karl Procurement Specialist PHONE: 480-644-5010 FAX: (480) 644-2655 Evan. Karl (o)Mesa .Qov NOTE: THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS: httg://www.mesaaz.gov/business/�urchasing 1111 veindouims wiiisll:fli mg to coindr:ci. IIJr:suiiness wu11!m 11!ie 01y are uimegr:liiuimed to uimeguisl.euim aind uim.14�ii l.a° i in a 11 uimfouimuiiivallii01111 rased for 1.111me notfuical.liioin of sollioeoilatoin vll ll vui l.r:ulmliiluies aind iiissr:aince of 11 ayiuxieir t liiin 1.111.me Veindouim Self Seuimvliice (VSS( syslein,ii to uimeguisl.euim aind vuiew addu1lou,,,aveindouim Iiia,,mfouimuimu l.Viou,m go to II!m1114 //uimu�es:��v� �1gy/Ilr:suiq�,mess/14�t:uie111m��q„iiium�l/ve„lndouim sglllf seuimy nice Page 706 of 1360 NOTICE TABLE OF CONTENTS SECTIONS: INSTRUCTIONS SCOPE OF WORK ATTACHMENTS: ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D EXHIBITS: EXHIBIT 1 EXHIBIT 2 TABLE OF CONTENTS PRICING REQUIRED RESPONSE FORMS SAMPLE EQUIPMENT SPECIFICATIONS NATIONAL IPA DOCUMENTS DRAFT CONTRACT MAILING LABEL (HARD COPY RESPONSE) PAGE 1 2 3-13 14-19 20 21 22 23 24-40 41 2017025 Page 2 of 41 Page 707 of 1360 INSTRUCTIONS GENERAL: Please read the entire Solicitation package and all attachments before submitting a Response. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be accepted until the date and time the Response is due. 2. VENDOR QUESTIONS: All questions regarding the contents of this Solicitation, and Solicitation process (including requests for ADA accommodations), must be directed solely to the Procurement Officer or the Purchasing Administrator. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time for Responses may be answered at the discretion of the City. 3. INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE: Respondents will have the option to submit their responses either electronically or physically through hard copy response. Respondents shall provide their Responses in accordance with the following form and content requirements: ELECTRONIC RESPONSE: a. Responses shall be submitted through the City of Mesa's Purchasing Website at http://www.mesaaz.gov/business/purchasing/bid-opportunities under the appropriate solicitation opportunity. Submissions submitted elsewhere or under the wrong solicitation will not be considered. b. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. c. Responses should be specific to the Solicitation and present details on all requested information in a concise manner. OR: HARD COPY RESPONSE: a. Submit one (1) signed original hardcopy of all Response documents along with three (3) copies. Do not use spiral binding or comb binding on Responses or any Response documents. Three-ring binders are preferred for large submissions. b. Submit two (2) CD or flash drive providing all Response documents in PDF, Word, and Excel (utilize Excel only if spreadsheets/graphs/charts are included as a part of the Response). c. All Responses must be signed, sealed and addressed to the Purchasing Division and Respondents shall address all Responses identified with a shipping address, serial number, and title in the following manner: City of Mesa Mesa City Plaza - Purchasing Division 20 East Main Street, Suite 400 Mesa, Arizona 85201 RFP - 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT d. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. e. Responses should be specific to the Solicitation and present details on all requested information in a concise manner. 2017025 Page 3 of 41 Page 708 of 1360 INSTRUCTIONS 4. RESPONSE FORMAT: Table of Contents. Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The Respondent's understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation. TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. Astatement of Respondent's qualifications, abilities, experience and expertise in providing the requested goods and services. a. Adescription of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence. Include: i. A brief history and description of your company. ii. The total number and location of sales persons employed by your firm. iii. Number and location of support centers (if applicable). b. An assessment of the Respondent's ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent's inability to meet any of the requirements of the specifications. c. References — A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person's names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided. d. Provide a response to the national program. Include a detailed response to Attachment D, Exhibit A, National IPA response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how Respondent will educate its national sales force about the contract, describe how products and services will be distributed Nationwide, include a plan for marketing the products and services Nationwide, and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror's response should include any proposal exceptions to the National IPA Administration Agreement. 2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff named in the Response may not be substituted without permission of the City. Include in the Response resumes and relevant experience. 3. Please submit any additional qualification information that you feel is applicable to your qualifications and experience. TAB 3 - Program Description AND Method of Approach. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Mesa and the national program. Clearly define the services/materials offered and Respondent's method of approach to including, but not limited, to the following criteria: 1. Distribution Network a. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. 2017025 Page 4 of 41 Page 709 of 1360 2017025 INSTRUCTIONS b. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. c. Provide the number, size and location of your firm's manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. d. Describe your delivery commitment. What are your standard delivery days? Identify and describe any exceptions. e. Identify the supplier(s) and their business location(s) that will service the City of Mesa's account. f. Describe your dealer network and their role in providing products, services, etc. under the contract 2. Reporting. Describe Respondent's reporting capabilities at the national level and Agency level. Provide sample standard reports. 3. Product Requirements. a. Provide a detailed written response illustrating how the equipment, accessories, parts, supplies and related services offered will meet the requirements of this solicitation for the City of Mesa and the national program. Offerors shall identify and describe the proposed product lines that meet the specifications located in the Product Requirements section of this solicitation (Section 4 of the Scope of Work). • SPORTS FIELDS AND GROUNDS EQUIPMENT • GOLF COURSE MAINTENANCE EQUIPMENT • RELATED EQUIPMENT PARTS • USED EQUIPMENT • BALANCE OF LINE b. Specify locations and availability of replacement parts, and state the maximum time required to provide and install replacement parts. Also state the estimated dollar value of your parts inventory. c. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. d. Describe in your offering if you currently have or are in the process of developing Hybrid and/or all Electric equipment. e. Indicate if any of the equipment you are offering has received any awards or nominations for excellence. f. Describe how the innovation and technology of your equipment differs from other equipment in the industry. g. All equipment offered must meet the current minimum Tier 4 Environmental Protection Agency (EPA) requirement. h. Describe how your firm will notify customers of new equipment, used equipment and services. i. Completed "Sample Equipment Specifications" (Attachment C) j. All bidders must submit complete manufacturers' descriptive literature regarding the equipment they propose to furnish in attachment C. The literature shall be sufficient in detail in order to allow a full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being reiected. k. Submit all information that will aid the City in evaluating your proposal. 4. Services a. Provide a detailed written response illustrating how your firm or the authorized dealers will provide services to meet the requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope Work outlined in this solicitation. For each proposed category, describe and/or Page 5of41 Page 710 of 1360 INSTRUCTIONS provide details explaining your capabilities. In your response include information such as: b. Provide detailed information explaining your service capabilities. c. Provided detailed information explaining the service capabilities of your authorized dealers. d. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty-four (24) hours? e. Describe your preventative maintenance program (PMP) for each of the sample equipment (Attachment A). Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. f. Describe your training programs. The proposed training program shall include but not be limited to: 1. How will equipment training be conducted? 2. Describe the training curriculum for the equipment operators. 3. Describe the training curriculum for the service technicians. 4. How will you accommodate various work shifts? 5. What type of documentation is provided with the proposed training? 6. Is a "train the trainer" program available? Is this training different than the regular initial training? Can training sessions be recorded for future use by the agency? g. Submit all information that will aid the City in evaluating your proposal. 7. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc.). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. b. Describe the equipment delivery process and your delivery commitment. What are standard equipment delivery timeframes? Are there cut off dates and how are these dates communicated to customers. c. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. 8. Other a. Describe any government rebate programs that are offered. TAB 4 -Pricing and Compensation Forms. The cost portion of the Response should include the following criteria: 1. Provide a Price Proposal. See attachment A. 2. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. 3. The City's expectation is that the proposed pricing shall include delivery to Mesa and Participating PublicAgencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. 4. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of 2017025 Page 6 of 41 Page 711 of 1360 INSTRUCTIONS price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. 6. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. 7. Provide information on any ordering methods — such as electronic ordering or payment via pCard or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so, please provide the percentage discount. 8. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. TAB 5 -Other Forms. The following forms should be completed and signed: 1. Attachment B: Required Response Form a. Vendor Information form b. Exceptions & Confidential Information form c. General Questionnaire form d. Lawful Presence Affidavit e. Respondent Certification form (Offer and Acceptance) 2. W-9 Form. All responses should include a fully completed, current W-9 form. Failure to include the W-9 will not disqualify your response, however the W-9 must be submitted to the City prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/daub/irs-padf/fw9.padf) 3. The successful Respondent will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. The Agreement shall be signed no later than issuance of the City of Mesa's Notice of Intent to Award letter. Respondent should complete all reviews of the document prior to submitting a response. Respondent's response should include any proposed exceptions to the National IPA Administration Agreement. 5. RESPONSE CHECKLIST: This checklist is provided for your convenience. It is not necessary to return a copy with your Response. Only submit the requested forms and any other requested or descriptive literature. ❑ Response will be sent in time to be received by the City before the Response due date and time. ❑ Original and proper number of copies submitted ❑ Response container properly labeled ❑ Pricing and Compensation, math double-checked, form completed and included (Attachment A) ❑ Required Response Forms completed and included (Attachment B) ❑ Sample Equipment Specifications form completed and included (Attachment C) ❑ W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://wwweirsegov/paub/irs-�adf/fw9epadf) ❑ Warranty information, if applicable 6. ADDENDA: Any changes to the solicitation document will be in the form of an addendum. Addenda are posted on the City website. Contractors are cautioned to check the Purchasing Website or the Self Service portal for addenda prior to submitting their Response. The City will not be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City and Contractors are cautioned not to rely on any such changes. Failure to acknowledge receipt 2017025 Page 7 of 41 Page 712 of 1360 INSTRUCTIONS of an addendum may result in disqualification of a Response. 7. RESPONSE OPENING: The City will open all Responses properly and timely submitted, and will record the names and other information specified by law and rule. No responsibility will attach to the City of Mesa, its employees or agents for premature opening of a Response that is not properly addressed and identified. All Responses become the property of the City and will not be returned except in the case of a late submission. Results, as read at the public opening, will be posted on the City website. Responses will be available to the public in accordance with the City Procurement Rules. 8. LATE RESPONSES: The Respondent assumes responsibility for having the Response delivered on time at the place specified. All Responses received after the Response Due date and time shall not be considered and will be returned unopened to the Respondent. The Respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Mesa, or any private courier, regardless whether sent by mail or by means of personal delivery. Respondents must allow adequate time to accommodate all registration and security screenings at the delivery site; a valid photo I.D. may be required. It shall not be sufficient to show that Respondent mailed or commenced delivery before the due date and time as the Response must be received by the City prior to the specified date/time. All times are Mesa, Arizona local times. Respondents agree to accept the time stamp in the City Purchasing Office as the official time. 9. RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days unless the time is extended or amended as agreed upon Respondent and the City. Examples of where an extension or amendment may be necessary include, but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period. 10. LOBBYING PROHIBITION: Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which ends the Solicitation process. This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting. This prohibition shall not apply to Respondent -initiated communication with the contact(s) identified in the Solicitation or City -initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. Violations of this provision shall be reported to the Purchasing Administrator. Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation. 11. LAWFUL PRESENCE IN THE UNITED STATES: Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section 1621) must demonstrate they are lawfully present in the United States. Person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form. Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the "Required Response Forms" section of this Solicitation. Respondents that fail to provide a completed affidavit and provided the necessary documentation may be deemed non-responsive. 2017025 Page 8 of 41 Page 713 of 1360 INSTRUCTIONS 12. COMMENCEMENT OF WORK: If a Respondent begins any billable work prior to the City's final approval and execution of the contract, Respondent does so at its own risk. 13. RESPONSIBILITY TO READ AND UNDERSTAND: Failure to read, examine and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. The City is not responsible for and will not pay any costs associated with the preparation and submission of a Response. Respondents are cautioned to verify their Responses before submission, as amendments to or withdrawal of Responses submitted after time specified for opening of Responses may not be considered. The City will not be responsible for any Respondent errors or omissions. 14. FORM AND CONTENT OF RESPONSES: Responses may be submitted on-line (if the option is indicated), mailed or hand -delivered. E-mail or fax submissions will not be accepted. Unless otherwise instructed or allowed, Responses shall be submitted on the forms provided. An original and the designated number of copies of each Response are required. Responses, including modifications, must be submitted in ink, typed, electronically, or printed form and signed by an authorized representative of the Respondent. Please line through and initial rather than erase changes. Any modifications to the Solicitation must be identified in the "Exceptions" section of the required response forms. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the Response as non- responsive. The City reserves the right at its sole discretion to negotiate exceptions with a Respondent. If the Response is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that Responses be submitted on disk, flash drive, or through electronic means. The Response must provide all information requested and must address all points set forth in the Solicitation. 15. SPECIFICATIONS: Technical specifications define the minimum acceptable standard. When the specification calls for "Brand Name or Equal," the brand name product is acceptable. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. If a Respondent wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City's sole discretion. Equivalent products will be considered upon showing the other product meets stated specifications and is equivalent to the brand name product in terms of quality, performance and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration. Minor differences that do not affect the suitability of the supply or service for the City's needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Respondent. The City reserves the right to reject Responses that the City deems unacceptable for any reason. 16. MODIFICATION/WITHDRAWAL OF RESPONSE: Written requests to modify or withdraw a Response received by the City prior to the scheduled opening time for Responses will be accepted and will be corrected after the Response due date and time. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the Response and marked as a MODIFICATION or WITHDRAWAL of the Response. Requests for withdrawal after the Response Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture of any Response security. Any withdrawal after the Response due date and time shall be allowed solely at the City's discretion. 17. DEBARMENT DISCLOSURE: If the Respondent has been debarred, suspended, or otherwise 2017025 Page 9 of 41 Page 714 of 1360 INSTRUCTIONS lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government or agency, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall include a letter with its Response identifying the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances must be provided by the Respondent, including the details enumerated above. A Response from a Respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. Failure of a Respondent to disclose a debarment or suspension in accordance with this Section may result in the Response being disqualified for award of the Solicitation. 18. RESERVATIONS: The City reserves the right to reject any or all Responses or any part thereof; to re -issue the Solicitation; to reject non-responsive or non -responsible Responses; to reject unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned upon another event; to reject individual Responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a Respondent or the terms of any agreement/document a Respondent would require the City to sign should Respondent be awarded a contract; and to reject Responses that are outside the City's budgeted amount for the materials or services that are the subject of the Solicitation. The City may seek clarification of the Response from Respondent at any time, and failure to respond is cause for rejection. Submission of a Response confers no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City's discretion and made to favor the City. No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order. 19. EXCEPTIONS TO A SOLICITATION: Changes to the Solicitation document requested by a Respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification in the Solicitation unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including all addenda, maintained and published by the City shall be the official Solicitation document. Any exception to the Solicitation must be set forth in the "Exceptions" portion of the Response; any exceptions not indicated in the "Exceptions" portion of the Response will be deemed rejected by the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all exceptions requested by a Respondent; (ii), determine a proposal non-responsive due to the exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of the Respondent's exceptions; or (iv) accept any or all of a Respondent's exceptions outright. 20. COPYING OF RESPONSES: The Respondent hereby grants the City permission to copy all parts of its Response including, without limitation, any documents and/or materials copyrighted by the Respondent. The City's right to copy shall be for internal use in evaluating the Response. 21. CONTRACTOR ETHICS: Contractors doing business with the City shall adhere to the Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. The failure of a Respondent or Contractor to meet the ethical standards may result in the disqualification of award under the Solicitation or the termination of a contract with the City. To achieve the purpose of this Section, it is essential Respondents and Contractors doing business with the City observe the ethical standards prescribed herein and in the City Charter, Code Procurement Rules and Management Policy 200. It shall be a breach of ethical standards to: 2017025 Page 10 of 41 Page 715 of 1360 INSTRUCTIONS a. Exert any effort to influence any City official, employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in a contract or to invoice for materials or services not provided. c. Intentionally offer or provide sub -standard materials or services or to intentionally not comply with any term, condition, specification or other requirement of a City contract. 22. GIFTS: The City will accept no gifts, gratuities or advertising products from Respondents or prospective Respondents and affiliates. The City may request product samples from Respondents solely for the purpose of product evaluation. 23. EVALUATION PROCESS: Responses will be reviewed by a screening committee comprised of City employees and/or any agents authorized by the City to participate in the evaluation. City staff may initiate discussions with Respondents for clarification purposes; however, a request for clarification is not an opportunity for a Respondent to change the Response. A request for clarification from a Respondent does not guarantee clarification will be requested from any other Respondents. Respondents shall not initiate discussions with any City employee, agent or official as set forth in the Lobbying section of these instructions including, but not limited to, members of the evaluation committee. 24. PRESENTATIONS/INTERVIEWS: A Respondent must provide a formal presentation/interview upon request of the City. 25. SHORT -LISTING: The City, at its sole discretion, may create a short-list of the highest scored Responses based on a preliminary evaluation of the Responses against the evaluation criteria. Only those short-listed Respondents will be invited to give presentations/interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. 26. BEST AND FINAL OFFERS: The City may request Best and Final Offers if the City deems necessary and the City will determine the scope and subject of any Best and Final request. Respondents should not expect the City will always ask for Best and Final Offers. Therefore, all Respondents must submit their best offer based on the specifications, terms and conditions in the Solicitation. 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm's Proposed Solution 40 Firm's Qualifications & Experience 30 Firm's Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost Proposal Cost being evaluated X Price Points Possible = Pricing Score b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City's sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and 2017025 Page 11 of 41 Page 716 of 1360 INSTRUCTIONS responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance with applicable laws; Respondent's record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non -responsible. d. Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 1.75% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation. The awarded Respondent shall however charge the full amount of tax on their invoice(s). This consideration does not apply to: 1. Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes. 2. Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference. 28. COST JUSTIFICATION: In the event only one Response to the Solicitation is received, the City may require the Respondent submit a cost offer in sufficient detail for the City to perform a cost/price analysis to determine if the Response price is fair and reasonable. 29. CONTRACT NEGOTIATIONS AND ACCEPTANCE: Respondent must be prepared for the City to accept the Response as submitted. If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject the Response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order. 30. NOTICE OF INTENT TO AWARD: Notices of the City's intent to award a contract are posted to The Purchasing Division's website before 6:00 PM local time on Wednesdays. If Wednesday is a 2017025 Page 12 of 41 Page 717 of 1360 INSTRUCTIONS holiday observed by the City, notice will be posted on Tuesday. It is the Respondent's responsibility to check the City of Mesa Purchasing website at hp://mesaaz.gov/ usiness/purchasing to view Purchasing's Intent to Award notices. This is the only notification you will receive regarding the City's Intent to Award a contract related to this Solicitation. 31. PROTESTS AND APPEALS: If a Respondent or any person believes there is a mistake, impropriety, or defect in the Solicitation, believes the City improperly rejected its Response, or believes the selected Response should not receive the City contract based upon a fact supported issue with the Solicitation or selected Respondent or otherwise protests the award to the Respondent, the Respondent may submit a written protest. All protests and appeals are governed by the City Procurement Rules ("Procurement Rules"). The rules surrounding protests and appeals may be found in Section 6 of the Procurement Rules which are located on the Purchasing Division website at http://mesaaz.gov/business/purchasing. Please see the Procurement Rules for more information on the submission of a protest and corresponding appeal rights; if there exist any discrepancy in this Section and the Procurement Rules, the language of the Procurement Rules will control. ADDRESS PROTESTS TO: Matt Bauer Procurement Administrator 20 East Main Street, Suite 400 PO Box 1466 Mesa, Arizona 85211-1466 Fax: (480) 644-2655 Email: Matte Bauer6d)MesaAZ.aov ADDRESS APPEALS TO: Edward Quedens Chief Procurement Officer 20 East Main Street, Suite 450 PO Box 1466 Mesa, Arizona 85211-1466 Fax: (480) 644-2687 Email: Ed.Quedens6d)MesaAZ.aov 32. POLICY DOCUMENTS: The City of Mesa Charter, Code, Procurement Rules and Management Policy 200 govern this procurement and are incorporated as a part of this Solicitation by this reference. A copy of these documents may be found on Mesa Purchasing Division's website at www.mesaaz.gov/business/purchasing. 2017025 Page 13 of 41 Page 718 of 1360 SCOPE OF WORK This Scope of Work will be compiled into any resulting contract as Exhibit A. INTENT: It is the intent of the City of Mesa to enter into a contract with a supplier(s) for the purchase of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. Qualified suppliers must have the capability to provide these products in all respects, in accordance with the solicitation documents and to the satisfaction of the City. The City's preference would be to offer a Respondent's complete catalog of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment available to agencies Nationwide. However, the City reserves the right to award this solicitation to one or more Suppliers, by individual line item, by group of line items, manufacturer, geographic region, or as a grand total; whichever is deemed most advantageous to the City. 2. NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company ("National IPA) to make the resultant contract (also known as the "Master Agreement" in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. National IPA is a channel partner with Vizient (formally, Novation). Together we leverage over $100 billion in annual spend to command the best prices on products and services. With corporate pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a Nationwide Supplier and respond to the National IPA documents (Attachment D). The City of Mesa anticipates spending approximately $550,000.00 over the term of the contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment purchased under the Master Agreement through National IPA is approximately $35 million. This projection is based on the current annual volume through the City of Mesa, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA. 3. GENERAL REQUIREMENTS: A. QUALIFIED FIRMS: Offerors should meet the minimum qualifications; 1. Be an authorized distributor or manufacturer. 2. Have a strong national presence in the grounds maintenance equipment industry. 3. Have a distribution model capable of delivering products nationwide. 4. Have a demonstrated sales presence. 2017025 Page 14 of 41 Page 719 of 1360 SCOPE OF WORK 5. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. 6. Be able to provide the full range of equipment and services to meet the demands of the City and all agencies that opt to participate in the cooperative purchasing program with the City. B. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this solicitation is dependent upon an extensive manufacturer -to -customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall be capable of providing parts within twenty-four (24) hours and shall be capable of being on site to respond to service requests within twenty-four (24) hours. F. CATALOGS: Within ten (10) days after contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a using agency, Contractor shall provide, at no cost, these catalogs and price lists. G. MODIFICATIONS OF TERMS: Participating Agencies commonly require a modification to a term of the Contract (e.g. governing law). The awarded Supplier and Participating Agencies may agree to modify terms on any specific purchase by a Participating Agency without being in conflict with the Contract 4. PRODUCT REQUIREMENTS: A. PRODUCTS: The Products to be included in this solicitation are as follows: 2017025 1. SPORTS FIELDS AND GROUNDS EQUIPMENT: A complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. 2. GOLF COURSE MAINTENANCE EQUIPMENT: A complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. 3. RELATED EQUIPMENT PARTS: A complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. 4. USED EQUIPMENT: Provide access to quality used equipment. 5. BALANCE OF LINE: Each offeror may offer their balance of line for ground maintenance equipment items and accessories. The City reserves the right to accept or reject any or all balance of line items offered. Page 15 of 41 Page 720 of 1360 SCOPE OF WORK B. CURRENT PRODUCTS: All products being offered in response to this solicitation and labeled as new shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. D. EQUIPMENT/RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the contractor to assure that all recall notices are sent directly to the agencies Contract Representative. E. EQUIPMENT STANDARDS AND GUIDELINES: All riding equipment must comply with appropriate ASAE (American Society of Agricultural Engineers — www.asae.org), SAE (Society of Automotive Engineers — www.sae.org) and OSHA (Occupational Safety and Health Administration — www.osha.org) standards for roll-over protection. All vehicles must comply with appropriate ANSI (American National Standards Institute — www.ansi.org) standards as related to operation on slopes. F. SAFETY STANDARDS: The Offeror shall certify that the equipment being offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Mesa reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items. G. SAMPLE EQUIPMENT SPECIFICATIONS (ATTACHMENT C): For each Item/Minimum Requirement, indicate "yes" or "no" under Comply. If you do not meet the Item/Minimum Requirement, indicate so in the "Exception" column and provide an explanation on why you don't meet the requirement. Any deviations from the minimum requirements must be clearly presented on the table or in an attached letter. The intent of the sample equipment specifications is to establish a baseline to compare equipment of similar commercial quality, function and purpose as well as provide a comparison of pricing offered. Equipment offered under this section will not be rejected for non-compliance with the specifications, but will be used to assist the evaluation committee in assessing comparable equipment offered for this solicitation. The sample equipment listed is representative of the possible equipment the City foresees replacing during the life of the contract. As such, submit pricing as requested on the Price Page. Submit with your offer the recommended preventative maintenance program (PMP) for each of the sample equipment specified below. Identify all parts/materials/supplies (provide part numbers) necessary to complete the PMP as well as the unit pricing of each. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment's useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. 5. SERVICE REQUIREMENTS: The City is interested in evaluating the following categories of value - add services for inclusion in this contract. The categories include, but are not limited to the following. A. FINANCING: Describe financing options available such as lease programs and conditional sales contracts. 2017025 Page 16 of 41 Page 721 of 1360 SCOPE OF WORK B. TRADE-INS: Describe in detail the proposed trade-in program. C. SAFETY: All vendors performing services for the City or cooperative agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The supplier shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. D. TRAINING: The Contractor shall provide training for City of Mesa and other participating agency operators and service technicians at no cost to the City or agency. The Contractor will provide the following training for each equipment purchase: Vehicle/equipment operators will be trained in the operation of all machine functions, including operator preventive maintenance. • Technicians will be trained in all operator functions, and in-depth preventive maintenance, troubleshooting and repair for all machine systems and components. • The trainer shall be factory -trained and thoroughly knowledgeable in subjects to be taught. E. DELIVERY: For City of Mesa purchases, equipment shall be delivered to various City of Mesa locations. All deliveries shall be made Monday through Thursday from 8:00 a.m. to 1:00 p.m., Mountain Standard Time. The Contractor shall be required to give the City a minimum of twenty-four (24) hour notice prior to delivery with the anticipated time of delivery and quantity of units to be delivered. The following documents are due upon delivery to the City or participating agency: 1. M.S.O. (Manufacturer Statement of Origin) 2. Warranty document 3. Required manuals 4. Title F. REPAIR SERVICES: The ability to provide repair services through authorized manufacturer's facilities or other avenues. G. CUSTOMER SUPPORT SERVICES: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. 6. TERM: An estimated initial term of February 1, 2017 through January 31, 2022, not including any extensions or renewals subject to the terms of the Agreement. If the commencement of performance is delayed because the City does not execute the Agreement at this start date, the City may adjust the start date, end date and any milestones to reflect the delayed execution. 7. RENEWALS: On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. Any job orders, project agreements or maintenance agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 8. EXTENSIONS: Upon the expiration of the Term of the Agreement, including any renewals permitted herein, at the City's sole discretion the Agreement may be extended for a maximum of six (6) months to allow for the City's procurement processes in the selection of a vendor to provide the services/materials under this Agreement. The City intends to notify the Contractor in writing of its desire to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension will be a continuation of the same terms and conditions as in effect 2017025 Page 17 of 41 Page 722 of 1360 SCOPE OF WORK immediately prior to the expiration of the then -current term. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the 60 -day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (htt.//www.blsegov/�pai/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. 10. TYPES AND AMOUNTS OF INSURANCE. Insurance requirements are detailed in the Agreement document. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 2017025 a. Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, Page 18 of 41 Page 723 of 1360 SCOPE OF WORK their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. c. Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non -owned autos. Prior to the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements, or notices relating thereto. When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall be primary of all other sources available. When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled or materially changed to affect the coverage available without advance written notice to the City. "Waiver of Subrogation". The policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of Contractor." All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. 2017025 Page 19 of 41 Page 724 of 1360 ATTACHMENT A PRICING Offerors must utilize the below document when responding to this solicitation and return the document in an Excel format with their proposal. See separate Attachment A to complete. Microsoft Excel 97-2003 Worksheet 2017025 Page 20 of 41 Page 725 of 1360 ATTACHMENT B REQUIRED RESPONSE FORMS See separate Attachment B Solicitation Required Response Forms.docy F!";I 2017025 Page 21 of 41 Page 726 of 1360 ATTACHMENT C SAMPLE EQUIPMENT SPECIFICATIONS Offerors must utilize the below document when responding to this solicitation and return the document in an Excel format with their proposal. See separate Attachment C to complete. SAMPLE EQUIPMENT SPECIFIC 2017025 Page 22 of 41 Page 727 of 1360 ATTACHMENT D NATIONAL IPA DOCUMENTS See separate Attachment D Attachment D National IPA Docs.d 41 2017025 Page 23 of 41 Page 728 of 1360 =rMinihm DRAFT CONTRACT �AAW�i .amu. 4AwW AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA CONTRACT NUMBER 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT CITY OF MESA, Arizona (" Department Name Mailina Address Delivery Address Attention E -Mail Telephony Facsimile COMPANY NAME, (` Mailina Address Delivery Address Attention E -Mail Telephony Facsimile 2017025 City of Mesa — Purchasing Division P.O. Box 1466 Mesa, AZ 85211-1466 20 East Main St, Suite 400 Mesa, AZ 85201 Jess Romney, CPPB Procurement Officer 480)644-5798 4801644-2655 ntractor" NameAndTitle AND Page 24 of 41 Page 729 of 1360 EXHIBIT 1 DRAFT CONTRACT CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This agreement pursuant to solicitation ("Agreement") is entered into this day of 2017; by and between the City of Mesa, Arizona, an Arizona municipal corporation ("City") and CompanyName, a(n) State corporation/company/natural person ("Contractor"). The City and Contractor are each a "PartV' to the Agreement or together are "Parties" to the Agreement. RECITALS A. The City issued solicitation number 2017025 ("Solicitation") for GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT, to which Contractor provided a response ("Response"); and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on StartDate and ending on EndDate. The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within XXX days after receipt of an order. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as -needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement 2017025 Page 25 of 41 Page 730 of 1360 EXHIBIT 1 DRAFT CONTRACT 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms & Conditions 2. Scope of Work 3. Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response, including National IPA Administrative Agreement 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. 5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. 2017025 During the 60 -day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (httPwww.blsegov/��ai/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted Page 26 of 41 Page 731 of 1360 EXHIBIT 1 DRAFT CONTRACT thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. 5.4 Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered, pricing of each unit, and freight charges (as applicable); i. Applicable Taxes i. Total amount due. 5.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement. Otherwise; payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. 5.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 2017025 Page 27 of 41 Page 732 of 1360 EXHIBIT 1 DRAFT CONTRACT 6.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the term of the Agreement. 6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non -owned autos. 7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. 9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that: 2017025 Page 28 of 41 Page 733 of 1360 EXHIBIT 1 DRAFT CONTRACT a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions. 11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. Exhibits to this Agreement are the following: • (A) Scope of Work • (B) Pricing • (C) Mesa Standard Terms and Conditions • (D) National IPA Documents 13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. 2017025 Page 29 of 41 Page 734 of 1360 EXHIBIT 1 DRAFT CONTRACT By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF MESA, ARIZONA CONTRACTOR NAME IM Printed Name Title Date RECOMMENDED BY: By: 2017025 By: Printed Name Title Date Page 30 of 41 Page 735 of 1360 EXHIBIT 1 DRAFT CONTRACT EXHIBIT A SCOPE OF WORK The Scope of Work and Vendor Response will be added here when Agreement is finalized. 2017025 Page 31 of 41 Page 736 of 1360 EXHIBIT 1 DRAFT CONTRACT EXHIBIT B PRICING Attachment A Pricing will be added here when Agreement is finalized. 2017025 Page 32 of 41 Page 737 of 1360 EXHIBIT 1 DRAFT CONTRACT EXHIBIT C MESA STANDARD TERMS AND CONDITIONS INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NOW EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified 2017025 Page 33 of 41 Page 738 of 1360 EXHIBIT 1 DRAFT CONTRACT in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration Warranty'). ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. 2017025 Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility Page 34 of 41 Page 739 of 1360 EXHIBIT 1 DRAFT CONTRACT under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. 12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor's claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. 12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. 14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 16. DEFAULT. a. A party will be in default if that party: i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; 2017025 Page 35 of 41 Page 740 of 1360 EXHIBIT 1 DRAFT CONTRACT ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 2017025 Page 36 of 41 Page 741 of 1360 EXHIBIT 1 DRAFT CONTRACT 21. TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 23. NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION/LIABILITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines orjudgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 2017025 Page 37 of 41 Page 742 of 1360 EXHIBIT 1 DRAFT CONTRACT 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be 2017025 Page 38 of 41 Page 743 of 1360 EXHIBIT 1 DRAFT CONTRACT written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 2017025 Page 39 of 41 Page 744 of 1360 EXHIBIT 1 DRAFT CONTRACT 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. 2017025 Page 40 of 41 Page 745 of 1360 EXHIBIT 2 MAILING LABEL (HARD COPY RESPONSE ONLY) CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR PROPOSAL CONTAINER SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: Solicitation # 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT Due Date: December 14, 2016 at 3:00 p.m. local Arizona time City of Mesa Attn: Purchasing 20 E. Main St., Suite 400 Mesa, AZ 85201 2017025 Page 41 of 41 Page 746 of 1360 PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 $ _ MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 $ _ MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 $ _ MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 $ _ MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 $ _ MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - Page 747 of 1360 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Page 748 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER Page 748 of 1360 16 Ful Filter for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT Page 749 of 1360 BALANCE OF LINE The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors who will be charging a Mesa Transaction Privilege Tax (TPT) will have a 1.75% removed from the taxable item(s) for the purpose of award evaluation (i.25). DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 10/25/2016 Date: RFP # 2017025 Page 750 of 1360 AE�_'Y r I REQUIRED RESPONSE FORMS mes,a,,az VENDOR INFORMATION Company Legal/Corporate Name: Doing Business As (if different than above) Address: City: State: Zip: Phone: Fax: E -Mail Address: Website: DUNS # State Where Business Entity Was Formed: Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: City: State: Zip: State: Zip: Contact for Questions about this bid: Name: Title: Phone: E -Mail Address: Day -to -Day ProRect Contact (if awarded): Name: Title: Phone: E -Mail Address: Sales/Use Tax Information (check one). F-1 Respondent is located outside Arizona and does NOT collect Arizona State Sales/Use Tax. (The City will pay use tax directly to the Arizona Department of Revenue.) El Respondent is located outside Arizona, but is authorized to collect Arizona Sales/Use Taxes. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities.) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % El Respondent is located in Arizona. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % V7/14/2015 Required Response Forms — Page 1 of 5 2017025 Page 751 of 1360 EXCEPTIONS & CONFIDENTIAL INFORMATION Exceptions (mark one). Respondents shall indicate any and all exceptions taken to the provisions or specifications in this Solicitation. Exceptions that surface elsewhere in the Response and that do not also appear under this section shall be considered rejected by the City, invalid and of no contractual significance. Other Forms or Documents: If the City is required by the awarded Respondent to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Respondents forms or documents. *Special Note - Any material exceptions taken to the City's Specifications and/or Standard Terms and Conditions may render a Bid Non-responsive. El No exceptions L1 Exceptions Taken: Please describe exact sections to which exception is taken. If proposing new or modified language, your firm shall identify the requested language below or provide as additional attachment. The City reserves the right to accept or reject any requested exceptions listed in the below section or attached to the solicitation. Confidential/Proprietary Information (mark one). F-1 No confidential/proprietary materials have been included with this Response. F-1 Confidential/Proprietary materials included with Response. Respondent must identify below any portion of their Response deemed confidential or proprietary and attach additional pages if necessary (See Mesa Standard Terms and Conditions related to Public Records). Requests to deem the entire bid as confidential will not be considered. The disclosure by the City of information deemed by Respondent as confidential or proprietary is governed by City of Mesa Procurement Rules. V7/14/2015 Required Response Forms - Page 2 of 5 2017025 Page 752 of 1360 GENERAL QUESTIONNAIRE Compliance with Applicable Laws. Respondent complies with Exhibit 1, Draft Agreement, Exhibit C, Mesa Standard Terms & Conditions, 9. "Compliance with Applicable Laws"? n Yes n No 2. Delivery. Delivery, as stated in Detailed Specifications, can be met. n Yes n No If no, specify number of days for delivery 3. Payment terms. Payment Due (Not less than net 30 days): Payment Discount of % if invoices are paid within days of receipt. 4. Procurement Card. Does Respondent allow payment of invoices using a Procurement Card? F-1 Yes n No (Marking a "no" answer will not disqualify your Response.) Discount for Procurement Card Purchases? % 5. Cooperative Purchasing. The use of this Agreement as a cooperative purchasing agreement available to other governmental agencies is described in the Mesa Standard Terms and Conditions. The use of this Agreement as a cooperative purchasing agreement is subject to approval by the Respondent as designated below. 6. Does Respondent agree to extend the prices, terms and conditions of the Agreement to other agencies as specified in the Standard Terms and Conditions? F-1 Yes n No (Marking a "no" answer will not disqualify your Response.) Respondents are responsible for verifying receipt of any addenda issued by checking the City's website at www.mesaaz.aov/business/purchasing or the Vendor Self Service portal prior to the Response Due date and time. Failure to acknowledge any addenda issued may result in a response being deemed non- responsive. Failure to review addenda does not negate Respondent's initial offer and holds Respondent for any changes prior to Response Due date and time. Acknowledgement of Receipt and Consideration of Addenda (if applicable): Addenda # 1 n 2 n 3 n 4 n V7/14/2015 Required Response Forms — Page 3 of 5 2017025 Page 753 of 1360 LAWFUL PRESENCE AFFIDAVIT F-1 CHECK HERE AND SKIP THIS AFFIDAVIT IF: Respondent is an LLC, a Corporation or a Partnership as indicated on your W-9. (Please include a copy of your W-9) COMPLETE THIS AFFIDAVIT IF: Respondent is an Individual (Natural Person) or a Sole Proprietor as indicated on your W-9. (Please include a copy of your W-9) ARS § 1-502 requires any person who applies to the City for a Local Public Benefit (defined as a Grant, Contract or Loan) must demonstrate through the presentation of one (1) of the following documents that he/she is lawfully present in the United States (See the Solicitation Instructions for more information). Please place a check mark next to the applicable document and present the document to the City employee. If mailing the response, attach a copy of the document to this Affidavit. (If the document says on its face that it may not be copied or you know for reasons of confidentiality that it cannot be copied, you will need to present the document in person to the City for review and signing of the affidavit.) L1 1. Arizona driver license issued after 1996. Print first 4 numbers/letters from license: L1 2. Arizona non-operating identification license. Print first 4 numbers/letters: F-1 3. Birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. Year of birth: Place of birth: F-1 4. United States Certificate of Birth abroad. Year of birth: Place of birth: F-1 5. United States passport. Print first 4 numbers/letters on Passport: F-1 6. Foreign passport with a United States Visa. Print first 4 numbers/letters on Passport: Print first 4 numbers/letters on Visa: F-1 7. 1-94 form with a photograph. Print first 4 numbers on 1-94: F-1 8. United States Citizenship & Immigration Services Employment Authorization Document (EAD). Print first 4 numbers/letters on EAD: F-1 9. Refugee travel document. Date of Issuance: Refugee Country: F-1 10. United States Certificate of Naturalization. Print first 4 digits of CIS Reg. No.: F-1 11. United States Certificate of Citizenship. Date of Issuance: Place of Issuance: F-1 12. Tribal Certificate of Indian Blood. Date of Issuance: Name of Tribe: F-1 13. Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of Birth: Place of Birth: In accordance with the requirements of Arizona law, I do swear or affirm under penalty of perjury that I am lawfully present in the United States and that the document I presented to establish this presence is true. Signature Business/Company Name Print Name Verification of Attachment by City Staff: Date Signature Date V7/14/2015 Required Response Forms - Page 4 of 5 2017025 Page 754 of 1360 RESPONDENT CERTIFICATION By submitting the Response and signing this Certification, the Respondent understands and certifies to all of the following: a) The information provided in Respondent's Response it true and accurate to the best of Respondent's knowledge. b) Respondent is under no legal prohibition that would prevent Respondent from contracting with the City of Mesa. c) Respondent has read and understands the Solicitation packet as a whole (including attachments, exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of the Solicitation as set forth in Respondent's Response. d) To Respondent's knowledge, Respondent and Respondent's employees have no known, undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules. If Respondent or Respondent employees have a known conflict of interest, Respondent has disclosed the conflict in its Response. e) Respondent did not engage in any anti-competitive practices related to its Response or the Solicitation. The prices offered by Respondent were independently developed without consultation or collusion with any other Respondents or potential Respondents. f) No gifts, payments or other consideration were made to any City employee, officer, elected official, agent, or consultant who has or may have a role in the procurement process for the services/materials covered by the Solicitation. g) Respondent grants the City of Mesa permission to copy all parts of its Response including, without limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in evaluating the Response; and (ii) to be disclosed in response to a public records request under Arizona's public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule 6.13. h) If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation Respondent will: i. Provide the materials or services specified in the Response in compliance with all applicable federal, state, and local statutes, rules and policies; ii. Honor all elements of the Response submitted by Respondent to the City including, but not limited to, the price and the materials/services to be provided; and iii. Enter into an agreement with the City based on the terms and conditions of the Solicitation and the Response, subject to any negotiated exceptions and terms. i) Respondent is current in all obligations due to the City including any amounts owed the City and any licenses/permits required for the general lawful conduct of business. Respondent shall acquire all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the execution of a contract with the City pertaining to the Solicitation. j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full power and authority to submit binding offers for the goods/services specified herein. Respondent intends by the submission of this Certification to be bound by the terms of the Certification, Solicitation, and Response, subject to any negotiated terms/exceptions. ACCEPTED AND AGREED TO BY RESPONDENT: Company Name: Signature: Printed Name: Title: Date: V7/14/2015 Required Response Forms — Page 5 of 5 2017025 Page 755 of 1360 This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE V -Twin cylinder, 4 -cycle, CHV. Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc) Y N Oil capacity: 1.75 quart (1.8 liter) Y N Cooling: Air (high flow blower) Y N Air cleaner system: Remote mounted 3-phase Donaldson° air cleaner Y N TRACTION Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever. Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge. Y N Main frame: Welded rectangular tubular steel frame construction. Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Y N GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. Y N ELECTRICAL Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N STEERING Hydraulic Power Steering I Y N OTHER CHARACTERISTICS Rear Rake and Frame Y N Ground Clearance: 6.0" Y N HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Page 756 of 1360 v -twin 4 -cycle, OHV gas, liquid -cooled, gasoline powered engine Y N ITEM/MINIMUM REQUIREMENT Horsepower- 28 HP Y N ENGINE Torque 40.8 Y N Displacement — 69 cu. in. (747 cc) Y N Oil Capacity — 2 qts. Y N Governor type — Mechanical centrifugal Y N Lube Oil Filter — Full flow with spin -on oil filter Y N Lubrication — Full -pressure lubrication Y N Starting System — 12 -volt starter Y N In Line Fuel Filter Y N PAYLOAD CAPACITY Rated Capacity—approx. 3,295 lbs I Y N DRIVETRAIN Auto Transmission w/ Electric Differential Lock Y N ELECTRICAL SYSTEM Lights—Two seated high/low-beam headlights; stoplight/taillight Y N Fuel Injected w/ Electric Choke Y N Hydraulic System — 6.8 gal. (25.7) capacity; 25- micron, full -flow filtration; biodegradable fluid; oil cooler standard Y N STEERING Automotive power steering I Y N BRAKES Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N SURROUNDS MOWER SPECIFICATIONS Item 3 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N Power = Approx. (Gross) 35 Hp Y N Air Cleaner = Dual -Stage With Restriction Indicator Y N Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement = 67.1 Cubic Inches Y N CAPACITIES Page 757 of 1360 FUEL = 11 Gal Y N ENGINE OIL = 3 Qt Y N HYDRAULIC OIL = 3.5 Gal Y N DRIVE SYSTEM Y N Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2 -pedal foot controlled; or equivalent Y N CAPACITIES BRAKES I Y N 2 -wheel Disc Y N Hand controlled Park Brake Y N Closed loop traction system. Y N OTHER STANDARD EQUIPMENT Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three -Wheel Drive Reduce Slip System, 2 -Pedal Controlled Y N CUTTING UNITS Number = 3 Reel Cutting Units Y N SIZE = Approx. 26" Y N Number Of Blades = 8 Y N Backlapping = Standard Y N CLIP FREQUENCY = 0.126-In/Mph Y N Front Rollers = Grooved Y N Reel Diameter = 7" Y N BEDKNIFE ADJUSTMENT = Reel -To-Bedknife Y N Rear Rollers = Solid Y N ELECTRICAL AND SAFETY INTERLOCKS DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Neutral start switch Y N Operator presence switch (in seat) Y N Mow / Transport switch Y N Park brake set switch. Y N TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N CAPACITIES Fuel Capacity = 7.0 gal I Y N Page 758 of 1360 Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank Y I N I DRIVE SYSTEM ENGINE AND CAPACITIES Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable Y N 55 HP, Liquid Cooled Turbo Charged Diesel IMPLEMENT DRIVE AIR CLEANER Hydraulic drive, individual pump and valve sections operating three reels Y N Y N CUTTING UNITS Number = 3 Y N Type = 11 Blade Y N BEDKNIVES = Lo -Cut, 1/8" Y N Height Of Cut Range = 0.125" — 0.750" Y N Reel Frame Y N Reel Diameter = 5" Y N Blades Shall Be High Carbon Steel Y N OTHER STANDARD EQUIPMENT STEERING Power Y N Gas Shock Y N CONTROLS Y N LED Light Kit Y N Raise / lower mow lever (joystick) Y N WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear -mount cross-flow, 7 -row, 5 -fins per inch, 13 quart Y N FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B-20 Y N I DRIVE SYSTEM TRACTION DRIVE Page 759 of 1360 Full time bi-directional hydrostatic, closed-loop, 4wd SPECIFICATIONS Item 6 transmission, variable displacement piston pump with I COMPLY? VENDOR EXCEPTION/ALTERNATIVE servo controls powers fixed displacement piston ENGINE I I motors which drive single action reduction planetary Y N gear assemblies at each front wheel. Parallel hydraulic flow powers fixed displacement piston motor, which drives mechanical axle in rear. 2wd in forward (transport) range. HYDRAULICS/COOLING 12 gallon capacity 2 micron remote spin -on filter. 19 Y N row, single pass cooler with tilt out for cleaning. OTHER CHARACTERISTICS DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and steering. Charge and deck counterbalance Y N circuits. INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only Y N permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. CUTTING UNITS WIDTH OF CUT Overall approx. 109" . Center deck 54". Two 37" Wings all upfront Y N MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps or stops Y N OTHER STANDARD EQUIPMENT Light Kit Y I N Canopy Y I N FAIRWAY MOWER SPECIFICATIONS Item 6 ITEM/MINIMUM REQUIREMENT I COMPLY? VENDOR EXCEPTION/ALTERNATIVE ENGINE AND CAPACITIES j ENGINE I I Page 760 of 1360 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine Y speed control. N Hand operated raise/lower joystick for reel raise and Y lower, headlight switch and pivoting control console. N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based. Y N Solid State with diagnostic capabilites for all safty switch and operator present switches. Y N CUTTING UNIT 5- 22 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air-ride seat Y N Sun Shade Y N Page 761 of 1360 Attachment D A T 10"" A L PA Requirements for National Cooperative Contract To be Administered by National Intergovernmental Purchasing Alliance Company The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier's review and response. National IPA Exhibit A — NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT National IPA Exhibit B — NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C — NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE National IPA Exhibit D — NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE National IPA Exhibit E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F — NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Page 762 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company ("National IPA"), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment.. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the "Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through National IPA's cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA's cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA's requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly Requirements for National Cooperative Contract Page 2 of 24 Page 763 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $35 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are Requirements for National Cooperative Contract Page 3 of 24 Page 764 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA's cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier's primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier's need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is Supplier's primary "go to market" strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Requirements for National Cooperative Contract Page 4 of 24 Page 765 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not -to -exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. 3.1 Company A. Brief history and description of your company. B. Total number and location of sales persons employed by your company. C. Number and location of support centers (if applicable). D. Annual sales for the three previous fiscal years. E. Submit your FEIN and Dunn & Bradstreet report. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. C. Provide the number, size and location of your company's distribution facilities, warehouses and retail network as applicable. D. State any return and restocking policy and fees, if applicable, associated with returns. E. Describe the full line of products and services offered by your company. Requirements for National Cooperative Contract Page 5 of 24 Page 766 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 3.3 Marketing and Sales A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company's primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go -to -market strategy within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co -branded press release to trade publications ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days iii. Design, publication and distribution of co -branded marketing materials within first 90 days iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier -specific trade shows, conferences and meetings throughout the term of the Master Agreement V. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated National IPA internet web -based homepage on Supplier website with: • National IPA standard logo; • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA's website including the online registration page; • A dedicated toll free number and email address for National IPA C. Describe how your company will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your Requirements for National Cooperative Contract Page 6 of 24 Page 767 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. E. Supplier is responsible for proactive direct sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier's sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts G. Provide contact information for the person(s), who will be responsible for: i. Marketing ii. Sales iii. Sales Support iv. Financial Reporting V. Contracts H. Describe in detail how your company's national sales force is structured, including contact information for the highest -level executive in charge of the sales team. L Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set- up, etc. K. State the amount of your company's Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. L. Describe your company's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). Requirements for National Cooperative Contract Page 7 of 24 Page 768 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT $ .00 in year one $ .00 in year two $ .00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to -exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail your strategies under these options when responding to a solicitation. Requirements for National Cooperative Contract Page 8 of 24 Page 769 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT (the "Agreement") is made this day of 20 between National Intergovernmental Purchasing Alliance Company ("National IPA"), and (herein "Supplier"). RECITALS WHEREAS, the (herein "Principal Procurement Agency") has entered into a Master Agreement effective , Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (herein "Product"); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies; WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows: DEFINITIONS I. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Requirements for National Cooperative Contract Page 9 of 24 Page 770 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier's response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier's obligation to provide appropriate insurance. 4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) shall not be obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) shall not be obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. TERM OF AGREEMENT 6. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of paragraphs 3, 4 and 5 hereof and the indemnifications afforded by the Supplier to National IPA herein and in the Master Agreement, to the extent such provision survive the term of the Master Agreement, shall survive the term of this Agreement. NATIONAL PROMOTION 7. National IPA and Supplier shall publicize and promote the availability of the Master Agreement's products and services to Public Agencies and such agencies' employees. Supplier's failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) Requirements for National Cooperative Contract Page 10 of 24 Page 771 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA's sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. 8. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website www.nationalipaor, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency's first sales order. 9. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. In addition, Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier and National IPA shall provide each respective party with its logo ("Logo") and the standard terms of use for its general use in marketing the Master Agreement. Both parties shall obtain written approval from the other party prior to use of such party's Logo. Notwithstanding, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. MONTHLY REPORTING & FEES 10. Supplier shall pay National IPA an administrative fee in the amount of % of the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). Supplier shall provide National IPA with an electronic accounting report, in Microsoft Excel, in the format prescribed by National IPA, on a monthly basis summarizing all Contract Sales for the applicable month. A sample of the Contract Sales reporting format is provided as Exhibit C, attached hereto and incorporated herein by reference. 11. Reports of Contract Sales for Principal Procurement Agency and Participating Public Agencies in each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Such reports shall be accompanied by an administrative fee payment in the amount indicated on the report as being due. Administrative fee payments are to be paid by the Supplier to National IPA via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a monthly report or payment of the administrative fees within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at National IPA's sole discretion. All administrative fees not paid when due shall bear interest at a rate equal to the lesser of 1 1/2% per month or the maximum rate permitted by law until paid in full. 12. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA's sole Requirements for National Cooperative Contract Page 11 of 24 Page 772 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE discretion, reserves the right to compare Participating Public Agency records with monthly reports submitted by Supplier for a period of four (4) years from the date National IPA receives such monthly report. National IPA may engage a third party to conduct an independent audit of Supplier's monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of administrative fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA's reasonable satisfaction, including payment of any administrative fees due and owing, together with interest thereon in accordance with Section 11, and reimbursement of National IPA's costs and expenses related to such audit. GENERAL PROVISIONS 13. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail. 14. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 15. This Agreement and National IPA's rights and obligations hereunder may be assigned at National IPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform National IPA's obligations hereunder. Supplier may not assign its obligations hereunder without the prior written consent of National IPA. 16. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. National Intergovernmental Purchasing Alliance Company National IPA Attn: President 2555 Meridian Blvd Suite 300 Franklin, TN 37067 B. Supplier 17. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein Requirements for National Cooperative Contract Page 12 of 24 Page 773 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 18. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 19. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 20. This Agreement will be construed under and governed by the laws of the state of Delaware, excluding its conflicts of law provisions. Authorized Signature, Supplier NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Name Title Signature Ward H. Brown Name Chief Operating Officer Title Date Date Requirements for National Cooperative Contract Page 13 of 24 Page 774 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (the "Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company ("National IPA") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively the "National IPA Parties") by either registering on a National IPA Party website (such as www.nationalipa.org), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products") to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. 3. That the cooperative use of Master Agreements and other group purchasing agreements shall be in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal, state or local law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. Requirements for National Cooperative Contract Page 14 of 24 Page 775 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE 5. That the Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, "Supplier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 6. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a Procuring Party, and the Procuring Party shall hold non -procuring parry harmless from any liability that may arise from action or inaction of the Procuring Party. Without limiting the generality of the foregoing, the National IPA Parties make no representations or warranties regarding any Product, Master Agreement or GPO Contract, and shall have no liability for any act or omission by a Supplier or other party under a Master Agreement or GPO Contract. 8. This Agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 6, 7 and 8 hereof shall survive any such termination. 9.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Requirements for National Cooperative Contract Page 15 of 24 Page 776 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D - NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as Principal Procurement Agency for National IPA, NAME OF PPA agrees to pursue Master Agreements for Products as specified in the attached exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as of and on behalf of NAME OF PPA ("Principal Procurement Agency"), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National Intergovernmental Purchasing Alliance Company ("National IPA") pursuant to the terms of the Administrative Agreement by and between National IPA and the applicable supplier. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, Principal Procurement Agency Signature Name Title Date Requirements for National Cooperative Contract Page 16 of 24 Page 777 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E — NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report Supplier Name: Contract Sales Report Month: Contract ID: Participating Agency Name Address City Participating Agency # Transaction {Assigned Date Contract Admin Admin State Zip Code by National (Date of Sales for Fee % Fee $ IPA and Sale) Month ($) provided to Supplier} Report Totals Cumulative Contract Sales Requirements for National Cooperative Contract Page 17 of 24 Page 778 of 1360 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.Lisa.gov/Agencies/State and Territories.shtml and https://www.Lisa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR Requirements for National Cooperative Contract Page 18 of 24 Page 779 of 1360 CITY OF SPRINGFIELD, OR ELMO, UT CITY OF ST. HELENS, OR ELSINORE, UT CITY OF ST. PAUL, OR ELWOOD, UT CITY OF SULPHUR, LA EMERY, UT CITY OF TIGARD, OR ENOCH, UT CITY OF TROUTDALE, OR ENTERPRISE, UT CITY OF TUALATIN, OR EPHRAIM, UT CITY OF WALKER, LA ESCALANTE, UT CITY OF WARRENTON, OR EUREKA, UT CITY OF WEST LINN, OR FAIRFIELD, UT CITY OF WILSONVILLE, OR FAIRVIEW, UT CITY OF WINSTON, OR FARMINGTON, UT CITY OF WOODBURN, OR FARR WEST, UT LEAGUE OF OREGON CITES FAYETTE, UT THE CITY OF HAPPY VALLEY OREGON FERRON, UT ALPINE, UT FIELDING, UT ALTA, UT FILLMORE, UT ALTAMONT, UT FOUNTAIN GREEN, UT ALTON, UT FRANCIS, UT AMALGA, UT FRUIT HEIGHTS, UT AMERICAN FORK CITY, UT GARDEN CITY, UT ANNABELLA,UT GARLAND,UT ANTIMONY, UT GENOLA, UT APPLE VALLEY, UT GLENDALE, UT AURORA, UT GLENWOOD, UT BALLARD,UT GOSHEN,UT BEAR RIVER CITY, UT GRANTSVILLE, UT BEAVER, UT GREEN RIVER, UT BICKNELL, UT GUNNISON, UT BIG WATER, UT HANKSVILLE, UT BLANDING, UT HARRISVILLE, UT BLUFFDALE, UT HATCH, UT BOULDER, UT HEBER CITY CORPORATION, UT CITY OF BOUNTIFUL, UT HELPER, UT BRIAN HEAD, UT HENEFER, UT BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT BRYCE CANYON CITY, UT HERRIMAN, UT CANNONVILLE, UT HIDEOUT, UT CASTLE DALE, UT HIGHLAND, UT CASTLE VALLEY, UT HILDALE, UT CITY OF CEDAR CITY, UT HINCKLEY, UT CEDAR FORT, UT HOLDEN, UT CITY OF CEDAR HILLS, UT HOLLADAY, UT CENTERFIELD, UT HONEYVILLE, UT CENTERVILLE CITY CORPORATION, UT HOOPER, UT CENTRAL VALLEY, UT HOWELL, UT CHARLESTON, UT HUNTINGTON, UT CIRCLEVILLE, UT HUNTSVILLE, UT CLARKSTON, UT CITY OF HURRICANE, UT CLAWSON, UT HYDE PARK, UT CLEARFIELD, UT HYRUM, UT CLEVELAND,UT INDEPENDENCE,UT CLINTON CITY CORPORATION, UT IVINS, UT COALVILLE, UT JOSEPH, UT CORINNE, UT JUNCTION, UT CORNISH, UT KAMAS, UT COTTONWOOD HEIGHTS, UT KANAB, UT DANIEL, UT KANARRAVILLE, UT DELTA, UT KANOSH, UT DEWEYVILLE, UT KAYSVILLE, UT DRAPER CITY, UT KINGSTON, UT DUCHESNE, UT KOOSHAREM, UT EAGLE MOUNTAIN, UT LAKETOWN, UT EAST CARBON, UT LA VERKIN, UT ELK RIDGE, UT LAYTON, UT Requirements for National Cooperative Contract Page 19 of 24 Page 780 of 1360 LEAMINGTON, UT RICHFIELD, UT LEEDS, UT RICHMOND, UT LEHI CITY CORPORATION, UT RIVERDALE, UT LEVAN, UT RIVER HEIGHTS, UT LEWISTON, UT RIVERTON CITY, UT LINDON, UT ROCKVILLE, UT LOA, UT ROCKY RIDGE, UT LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT LYMAN, UT ROY, UT LYNNDYL, UT RUSH VALLEY, UT MANILA, UT CITY OF ST. GEORGE, UT MANTI, UT SALEM, UT MANTUA, UT SALINA, UT MAPLETON, UT SALT LAKE CITY CORPORATION, UT MARRIOTT-SLATERVILLE, UT SANDY, UT MARYSVALE, UT SANTA CLARA, UT MAYFIELD, UT SANTAQUIN, UT MEADOW, UT SARATOGA SPRINGS, UT MENDON, UT SCIPIO, UT MIDVALE CITY INC., UT SCOFIELD, UT MIDWAY, UT SIGURD, UT MILFORD, UT SMITHFIELD, UT MILLVILLE, UT SNOWVILLE, UT MINERSVILLE, UT CITY OF SOUTH JORDAN, UT MOAB,UT SOUTH OGDEN, UT MONA, UT CITY OF SOUTH SALT LAKE, UT MONROE,UT SOUTH WEBER,UT CITY OF MONTICELLO, UT SPANISH FORK, UT MORGAN, UT SPRING CITY, UT MORONI, UT SPRINGDALE, UT MOUNT PLEASANT, UT SPRINGVILLE, UT MURRAY CITY CORPORATION, UT STERLING, UT MYTON, UT STOCKTON, UT NAPLES, UT SUNNYSIDE, UT NEPHI, UT SUNSET CITY CORP, UT NEW HARMONY, UT SYRACUSE, UT NEWTON, UT TABIONA, UT NIBLEY, UT CITY OF TAYLORSVILLE, UT NORTH LOGAN, UT TOOELE CITY CORPORATION, UT NORTH OGDEN, UT TOQUERVILLE, UT NORTH SALT LAKE CITY, UT TORREY, UT OAK CITY, UT TREMONTON CITY, UT OAKLEY, UT TRENTON, UT OGDEN CITY CORPORATION, UT TROPIC, UT OPHIR, UT UINTAH, UT ORANGEVILLE, UT VERNAL CITY, UT ORDERVILLE, UT VERNON, UT OREM, UT VINEYARD, UT PANGUITCH, UT VIRGIN, UT PARADISE, UT WALES, UT PARAGONAH, UT WALLSBURG, UT PARK CITY, UT WASHINGTON CITY, UT PAROWAN, UT WASHINGTON TERRACE, UT PAYSON, UT WELLINGTON, UT PERRY, UT WELLSVILLE, UT PLAIN CITY, UT WENDOVER, UT PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT PLEASANT VIEW, UT WEST HAVEN, UT PLYMOUTH, UT WEST JORDAN, UT PORTAGE, UT WEST POINT, UT PRICE, UT WEST VALLEY CITY, UT PROVIDENCE, UT WILLARD, UT PROVO, UT WOODLAND HILLS, UT RANDOLPH, UT WOODRUFF, UT REDMOND, UT WOODS CROSS, UT Requirements for National Cooperative Contract Page 20 of 24 Page 781 of 1360 COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF'S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT Requirements for National Cooperative Contract Page 21 of 24 Page 782 of 1360 HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT - DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI -COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND -LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO. lOB FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO. IJ MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO. 101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX -TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT Requirements for National Cooperative Contract Page 22 of 24 Page 783 of 1360 ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT IJ SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPESCHOOL,UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT MUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT Requirements for National Cooperative Contract Page 23 of 24 Page 784 of 1360 TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII -HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON -GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 24 of 24 Page 785 of 1360 /.�OIl019�1»Ol?// TO: All Proposers Receiving Request for MAINTENANCE EQUIPMENT, PARTS, SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer A DATE: November 7, 2016 Proposal (RFP) #2017025, GROUNDS ACCESSORIES, SUPPLIES, RELATED SUBJECT: Addendum #1 — Change to Evaluation and Award section and Revised Pricing and Compensation pages All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. The Instruction section of the is changed as follows: 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm's Proposed Solution 40 Firm's Qualifications & Experience 30 Firm's Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost Proposal Cost being evaluated X Price Points Possible = Pricing Score b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City's sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance Page 786 of 1360 Addendum No. 1 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 with applicable laws; Respondent's record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non -responsible. and -who, �f,. -d W fa„�.... W W t -fes%:. =6 W �..... 4--h ° _ fu 04 .. .. ria ) or a”. W ...r W...... ... Rte- Wye 2:----- -' W E-4Rg.......fe. W-.4........ .. )W tis w14eqa........ W ,, gr W W v-Kiee f�ar�d..�;-pr. •....,a.�.. 4--c�;id W ::` . � W W W ° W. Please note as part of this addendum Revised Pricing and Compensation pages have been included. (see below) Changes were made to reflect changes to the Instructions section of the RFP. El 2017025 Revised Pricing and Compen All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan. Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 787 of 1360 REVISED PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications 1 _ MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications 2 $ _ MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications 3 $ _ MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications 4 $ _ MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications 5 $ _ MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications 6 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - Page 788 of 1360 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Page 789 of 1360 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER Page 789 of 1360 16 Fuel Filter for Wide Area Rotary Mower (see item 5) MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror's may insert additional lines as needed. LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT Page 790 of 1360 BALANCE OF LINE DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name 11/7/2016 Date: RFP # 2017025 Page 791 of 1360 /.�OIl019�1»Ol?// TO: All Proposers Receiving Request for MAINTENANCE EQUIPMENT, PARTS, SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer A DATE: December 5, 2016 Proposal (RFP) #2017025, GROUNDS ACCESSORIES, SUPPLIES, RELATED SUBJECT: Addendum #2 — Vendor Questions and City's Response All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. Listed below are questions received from Vendors regarding this RFP and the responses provided by City staff. 1. Question: Tab 3; Instructions item 3g: Can you provide clarification on the Tier 4 EPA requirement? For those products that fall into the 25 to 74 HP off-road diesel category are you requiring the Tier 4 final engine? The equipment in this category with the Tier 4 final engines provide the most up to date emissions reductions. If that is what you are requiring can you update this section as such? Response: Equipment offered must be Tier 4 Compliant. 2. Question: Scope of Work item 4 Product Requirements, A5: In the Balance of Line section we would like to include those allied products that are attachments to our products but not manufactured by us. For example; we have mowing equipment manufactured by us that converts to a snow removing machine with attachments such as snow throwers and brooms made by another company specifically for use on our machines. Our dealers would price and order these products as part of the order and ship in total to the customer. By allowing those items a customer can purchase the fully equipped machine through this contract. Is this allowable in this section? Response: Yes, this is allowable Question: Scope of Work Item 9: We request that you eliminate the second paragraph of this section so that price changes are not tied to the PPI or to the contract anniversary date. For contracts that are based on a discount off MSRP, tying increases to a PPI makes the management of a price file very difficult as the PPI does not normally reflect our actual price changes. Also, the ability to change pricing when the manufacturer changes pricing is also helpful in maintaining current pricing. Deleting the second paragraph of this section would effectively cover these two requests to price adjustments. Response: The Scope of Work Item 9 is changed as follows. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. Page 792 of 1360 Addendum No. 2 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. ,,,,,,,,„,,,,,,,,,,,,,,,,,;,,;,, ,; � W r. • . a W .ri�.W.....; as.t- W t-s--� �d�e-�� it . W `�� muat.......be a )p. . Wd-by.......af N%. )rigate.......deGuffHantafiion.There......�s..........o. --guairantee......the Qity wi.a.a. EIraeF � . � . � ... .. W W W . ..W...... -° 0S�e--t)ref)aR..)d--fer . W P ' W fir .. ver.........th. W _...er ... ..f-t.he.........A reern. W ... .....................- kae-City-is-cater.......... wialiR.g.........t. ntert:ai.n..........priGe ad}us: Wa...ta......ed......on......an.......iracrea..se.....t. twaator.°..s......aatoal eexperases......or......ether-re.aa.. .o. to r, . W ..... rFw4d4fag- WW r.. W `a.Is.....aarad W :ia W W W t. Nf--the..... Ax.s..... the ....adju&ted.....priee.....terrns W....Cif 3ha.G.i.....iss W r4t.era-a.f .. .. va.i.....of....the-c taarage . a W r 4( .......of:......the ....... ae t r W.....Q . a.r..W........ . ate. • •.....ice -a c 4Rt. RPA -4k) .. F.....FW” ....... ;rst..._a... t. W Zvi W ......tkae......r W ae t -f . k i......a, W 4 s scar -. .....s .....� W a...1... i.............. t W nam .... W , r a aeec rdar ° W `. amara a. ,• W a tea W a . ag W W .. f t a a ki W tae ,c ra ae.. e ay...... ... 4.--a W aa�;t-f . � .i . � �I. •-a�ara�t---gag----a�w.. �, faf-� . � `�..,�............ • �c:�rt�'��Ic:� ° �..` . a d .... t a. W ° . i. • be .. fca is W . W f t he ref . pe.r.i.od.....a,t...... y....... ice. ....a ...a�....the-Ci.. •e.pt... e W a nt All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan. Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 793 of 1360 AFFIDAVIT OF PUBLICATION RFP NO. 217025 ; MAINTENANCE EQUIPMENT 19 PO BOX 194 Phoenix, Arizona 85001-0194 (602) 444-7315 FAX (602) 444-5901 STATE OF ARIZONA COUNTY OF MARICOPA SS. Tabitha James, being first duly sworn, upon oath deposes and says: That she is the Supervisor of the Arizona Business Gazette, a newspaper of general circulation in the counties of Maricopa, Coconino, Pima and Pinal, in the State of Arizona, published weekly at Phoenix, Arizona, and that the copy hereto attached is a true copy of the advertisement published in the said paper on the dates indicated. 11/3/2016 Sworn to before me this 3 RD day of NOVEMBER 2016 IBRIAN BILLINGS Notary Pu bfic • Arizona IN a.rucopa County aMy Commission Expires Jul a 2018 Ro—ta—ry76 tic Page 794 of 1360 4770 S. 5600 W. WEST VALLEY CITY, UTAH 84118 Deseret News FED.TAX 1.D.# 87-0217663 801-204-6910 PROOF OF PUBLICATION CUSTOMER'S COPY Cj]STOME$.N. ME.�iJD. uDPESS AC:COIfNT-11TLJV1BBR. LOVE ADVERTISING, ACCOUNTS PAYABLE 770 S POST OAK LN STE 101 HOUSTON TX 77056 ti i 4 8I1k1 N -DATE 10/28/2016 ACCOL NT N.UVE LOVE ADVERTISING, TELEPHONE ORDER# INVOICFNUMBER 7135521055 0001119019 PUBLICATION SCHEDULE START 10/28/2016 END 10128.'2016 CUS TOMER REFERENCE NUMBER RFP No. 2017025 CAPTION REQUEST FOR PROPOSALS The City of Mesa, AZ is requesting proposals from qualifie SIZE 38 LINES I COLUMN(S) TIMES TOT.�L COST 2 65.04 AFFIDAVIT OF PUBLICATION m{aa C • lne PRE -PROPOSAL CONFR- bff 15, 2015 SSU am lam, lime .AAesa PIdC 20 E . rrta;n st, IEoOm t�so Norlk i, AZ 85201 PROPO5A1 DUE DALE December 14, 2016 3100 ym loml e CONTAC erin r Ranui?Y, praaremenl Officer, �ess.�omneyHrr? TIM ov. 1119019 IpAw AS NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP LEGAL BOOKER, I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF REQUEST FOR PROPOSALS The City of Mesa, AZ is reauestine proposals from nualified and experienced firms to provide Grounds Maintenance Equipment, Parts Access FOR LOVE ADVERTISING, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP, AGENT FOR DESERET NEWS AND THE SALT LAKE TRIBUNE, DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH, AND PUBLISHED IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH, NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-101; 46-3-104. PUBLISHED ON Start 10/28/2016 End 10/28/2016 DATE 10/28/2016 STATE OF UTAH COUNTY OF SALT LAKE ) SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 28TH SIGNATURE DAY OF OCTOBER IN THE YEAR 2016 BY NN D LL . YPRGHA CRAi Tm..: STATE 72963 �1,V1.uti NOTARY PUBLIC 51GNATURE Page 795 of 1360 921 S.W. Washington St. Suite 2101 Portland, OR 97205-2810 (503) 226-1311 STATE OF OREGON, COUNTY OF MULTNOMAH--ss. I, Michelle Ropp , being first duly swom, depose and say that I am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQ City of Mesa, Az; Bid Location Mesa, AZ, Maricopa County; Due 1211412016 at 03:00 PM a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for t time(s) in the following issues: 10/28/2016 State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON THE 28th DAY OF October, 2016 OFFICIAL STAMP FELICIA MARIE PELGiATTO �, 1 NOTARY PUBLIC - OREGON COMMIS010N NO, 934788 VMY 'OMMISEION "— PIPIMP JANUARY lei, 201 a Love Advertising National Ipa 770 S Post Oak Ln Ste 101 Houston, TX 77056-1913 - . CITY OF MESA; AZ -f , GROUNDS MAINTENANCE EQUIPMENT,PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPME14T Proposals due 3!OOpm, December 14,2016 REQUEST FOR PROPOSALS ihE- City ` 4f Mesa, AZ is requesting Proposals from qualified and *erlenced f1F.m5 to provide. Grounds 'Maintenance Equipment, Parts, Aocessones, supplies, Related Sernces and EgWpm enf (RFP No 2017025} In order to be considered, the Offeror most °complete and submit a I Proposal to The City' of Mesa, AZ Fn a=jtdance. with the. solicitation docu- mentation available at wwwaiationali pa.0% and hitpArn ov usin urchasinwbid-oPPOdUR ieslo2en-aollcitati o AFPNumberl-sorld� -C ' PRE -PROPOSAL CONFERENCE. Tuesday; November 15, 2016 8:00 am local time; Mesa City Plaza, 20 E Main St, R06in #450 North, Mesa, A?.85201 PROPOSAL DUE WYE December 1.4. 2016 3:00 pra locaytime - CONTACT: Jess Romney; Procurement Officer,le�s.rdmney�rriesaAa aov Published Ort 28, 2016: 11198872 Order No.: 11198872 Client Reference No: Page 796 of 1360 AFFIDAVIT OF PUBLICATION IN THE MATTER OF } Grounds Maintenance (RFP No. 2017025) } } STATE OF HAWAII ) ) SS. City and County of Honolulu } OCT 3 12016 Doc. Date: U= # Pages: 1 Notary Name: COLLEEN E. SORANAKA First Judicial Circuit Doc. Description: Affidavit of , Pu p� J1 IC - OCT 3 12016 ry Signature Date!O• o �Q The C4 of Mesa, AZ wr8qUM09 PIONY irem Arms to PmvWe Grounds ';, t uallfiea and expedenced Maintenance EqutP030A Pads, Aoce"°ries! SUPplles' Related Semm and.Equipmerd {RFP No, 2017025} Lisa Kaukani being duly sworn, deposes and says that she is ac d l to ;In ower ro be wrodeMd, the ORM mast complete; Mesa AZ , authorized execute this affidavit of Oahu Publications, Inc. publisher of The Honolulu ;and subaat a proPosal The City Of , II in aaerdance xaih the sob©Ion documerdatioa ' Star -Advertiser, MidWeek, The Garden Island, Rest Hawaii Today, and Hawaii 4 available - at www' n a t10 n a 1 i a a . 0 and htt :' mesaaz. or baslness urchasrn bid- ; Tribune -Herald, that said newspapers are newspapers of general circulation in the a oriunffiss o en�oiiclTations : aortn RfPNumbarl_ State of Hawaii, and that the attached notice is true notice as was published in the sodd-desti Ii aforementioned newspapers as follows: PRE.PROPOSAL CONFERENCE, Tuesday, None W 15, Honolulu Star -Advertiser 1 times on: 2018 8:00 am total time, Mesa City ply 20 E Mai i St, Room #450 N6fth, Mesa,AZ 85201 i 10/28/2016 0 times PRoposAL ouEVATE . OeC rubel 14, 2016 .3:00 pm 1001 time MidWeek on: CONTACT, Jess .Romney, prucurennWL Officer, i i� iomney®rne5a �V; isaszRzae io/2s�1s1 The Garden Island 0 times on: Hawaii Tribune -Herald 0 times on: West Hawaii Today 0 times on: Other Publications: And that affi is n t a patty to or inany wasted above entitled matter. d,� •see 1 ! ++ p d p d Lisa Kaukani076 's P Subs ed to an sworn before me this day of FJAD. 20"'_- aka, Notary- Public o t e trst u icial Circuit, State of Hawaii My commission expires: Jan 06 2020 $®Pdfld 111 ag4`k Ad# 0000928748 SP.NO.: L.N. Page 797 of 1360 Pa 1 Houston Chronicle 0000124250 CITY OF MEZZ, AZ 9e CLASSIFIEDS --I tt[AN5T, AFFIDAVIT OF PUBLICATION STATE OF TEXAS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY, WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN, WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON, JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a true and correct copy, was published to -wit: CITY OF MEZZ, AZ RAN A LEGAL NOTICE 0000124250 HC073770325 SIZE BEING: 1 x28 L Product CNCY-Cypress Creek Mirror (CypresslCy-Fi CNCH-Cypress Creek Mirror (Champions/KI CNPM-Magnolia Potpourri CNPO-Tomball Potpourri CNCY-Cypress Creek Mirror (Cypress/Cy-F, CNCH-Cypress Creek Mirror (Champions/KI CNPM-Magnolia Potpourri CNPO-Tomball Potpourri Date Class Nov 09 2016 Bids -Proposals Nov 09 2016 Bids -Proposals Nov 09 2016 Bids -Proposals Nov 09 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Nov 16 2016 Bids -Proposals Sworn and subscribed to before me, this 16th Day of November A.D. 2016 Page Page 798 of 1360 L0000124250 Houston Chronicle 000124250 CITY OF MEZZ, AZ Page 2 CLASSIFlEos The City of Mesa, AZ is requesting proposals from qualified and expe- nenced firms to provide Grounds Maintenance Equipment, Parts, Ac- cessories, Supplies. Related Serv- Ices and Equipment (RFP No. 2017025). In order to be'consid- ered, the Offeror must complete and submit a proposal to The City of Mesa, AZ in accordance with e solicitation documentation availa- ble at www.natfonatipa.org and httpVlmesaaz.gov/businesslpurch asi ng/bid-opportunif ies/open -so f i c i taf i on sl-sortn -R FP Nu mb a r/ -sortd-desc PRE -PROPOSAL CONFERENCE: Tuesday, November 15, 2016 5:00 am local time, Mesa City Plaza, 20 E Main St, Roam #450 North. Me- sa, Az x5201 PROPOSAL DUE DATE: December 14, 2015 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, less.rom ney@mesa az.gov. Page 799 of 1360 0 E 0 m (Y) 4- 0 0 0 co (1) c� a 0 0 0 0 0 IR -1-2= 1111w Pr in a a 0 13 t2 n MI E 0 m (Y) 4- 0 0 0 co (1) c� a O O C7 4- 0 O co N O1 LOVE ADVERTISING ATTN: KAELIE MARCOZZI 770 S POST OAK LANE, SUITE 101 HOUSTON, TX 77065 Acct Number: 5481 Ad Number: 0000102518 Insertions: 1 Total: $13.20 Affidavit: $7.50 Total: $20.70 AFFIDAVIT OF PUBLICATION NEIN JERSEY, SUSSEX COUNTY, ss Donna Hendricks , of full age being duly sworn, did depose and say that the notice hereto attached was published in THE NEW JERSEY HERALD and/or NEW JERSEY SUNDAY HERALD a newspaper printed and circulated in said county on 10/28/2016. Sworn and subscribed before me this 28th day of October, 2016 W FUJ. ME CEU >w ZIZABET �r r, LEGAL INOTICE The City of Mesa. AZ. is requesting proposals'. from qualified and.expe- rienced firms is provide Grounds Maintenance. Equipment, Parts, Ac- cessorles, Supplies, Re- lated . Serv[ces ' and Equipment (RFP Na„ 20 17035). In order .to be considered: tare ' Offerar must complete and sub- mit a proposal to The Cif Y of Mesa, AZ in accord once with the solicita- tion documentation available of vAv%- natio- nal lna-org and h4fp47me. saaz-gowbus l n ess/pu rch asing/bid-opaortunitieW open -sol icitationst-sortn- R F.P N u m be r/-sa rtd-d es C PRE -PROPOSAL CON- FERENCE Tuesday, November 13, 2016 8.00 am loco[ time. Mesa. Cit Y Plam, 10 E. Main 5t, R oom #450 North, .'Mesa. AZ 65201 PROPOSALDUE ' DATE r December 14, 2016 3100 pm local time` CONTACT. JAss Rom- nev, Procurement Offi- cer, iess.romneygme5a oz-gov, Oct. 2L 116 Pf813.20 000iiinsid NJH Page 802 of 1360 Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 LOVE ADVERTISING 770 S. POST OAK LANE STE 101 HOUSTON, TX 77065 Account Number 6047978 I Date Date Category Description Ad Size Total Cost 11103MI6 Propos-Sid. Bids -RFP The C4 of Mesa, AZ is requesting proposals from qualified anc 2 x 0 L 118.40 TkIftu kq0*q0dhm0W nh. mcg loPublisher of the *h*W6104419 MIRIE),10 Richmond Times -Dispatch This is to certify that the attached The City of Mesa, AZ is r was published by the Richmond Times -Dispatch, Inc. in the City of ... Richmond, State of Virginia, on the following dates: 9ft 01W 19k, kmW 3, IN N Im 1012812016 Ica he' k co plug I Wo �� Pam MR Rd, MFA 9 fill The First insertion being given ... 10/2812016 Newspaper reference: 0000419970 Sworn toe subscribed before me this (2LCJ No Public Supervisor State of Virginia City of Richmond KIMBSRLY 8 HAMISS N(YTAFIY PUBLIC Commonwealth of Virginia 35675B Page 803 of 1360 ti - N1 N, O 4030 N GEORGIA BLVD, SAN BERNARDINO, CA 92407 Telephone (909) 889-9666 1 Fax (909) 885-1253 ERLYNS PORTILLO LOVE ADVERTISING CIO NIPA 770 S. POST OAK LN. #101 HOUSTON, TX - 77056 (2015.5 C.C.P.) State of California } County of SAN BERNARDINO } ss Notice Type: RFP - REQUEST FOR PROPOSALS Ad Description: RFP No. 2017025 am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 0612711952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 10/28/2016 Executed on: 10/28/2016 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature 11111 111� 111 1E1 IE� 11111111111 11�11 1111111 mThis space for filing stamp only SB #: 2940624 The City of Mesa, AZ is requesting proposals from qualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offeror must complete and submit a proposal to The City of Mesa, AZ in accordance with the solicitation documentation available of www.nationalipa.org aaz.gov/business/purchasi ortunities/open- is/-sortn-R F PN umber/ - PRE -PROPOSAL CONFERENCE.- Tuesday, ONFERENCE:Tuesday, November 15, 2016 8:00 am local time, Mesa City Plaza, 20 E Main St, Room #450 North, Mesa, AZ 85201 PROPOSAL DUE DATE: December 14, .2016 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, iess.romney@mesauz.gov. 10/28/16 SBS -2940624# Page 804 of 1360 STATE OF WASHINGTON — KING COUNTY --ss. 342837 No. LOVE ADVERTISING PublicationAffidavit of The undersigned, on oath states that he is an authorized representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce was on the le day of June, 1941, approved as a legal newspaper by the Superior Court of King County. The notice in the exact form annexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during the below stated period. The annexed notice, a BCSB:GROUNDS MAINT EQUIP was published on 10/28/16 The amount of the fekgha-� rged for the foregoing publication is the sum `tea ti . paid in full. R /2016 09'`J� ft 6 ti eFzz _ Notary public for the State of Washington, residing in Seattle Affidavit of Publication which amount has been before me Page 805 of 1360 State of Washington, King County City of Mesa Grounds Maintenance Equipment Proposals Due: Dec. 14 The City of Mesa, AZ is requesting proposals from qual- ified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offeror must complete and submit a pro- posal to The City of Mesa, AZ in accordance with the solicitation documentation available at www. nationahpa.org and http://mesaaz. gov/busiuess/purchasing/bid- opportunitieslopen-solicitationst- sortn-RFPNumbert-sortd-desc PRE -PROPOSAL CONFERENCE: Tuesday, November 15, 2018 8:00 am local time, Mesa City Plaza, 20 E Main St, Room #450 North, Mesa, AZ 85201 PROPOSAL DUE DATE: December 14, 2018 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, jess.rom- neyCmesaaz.gov. Date of publication in the Seattle Daily Journal of Commerce, October 28, 2016. 10/28(342837) Page 806 of 1360 CAPITAL CITY PRESS Publisher of THE ADVOCATE PROOF OF PUBLICATION The hereto attached notice was published in THE ADVOCATE, a dally newspaper of general circulation published In Baton Rouge, Louisiana, and the Official .Journal of the State of Louisiana, City of Baton Rouge, and Parish of East Baton Rouge or published daily in THE NEW ORLEANS ADVOCATE, in New Orleans Louisiana, or published daily in THE ACADiANA ADVOCATE in Lafayette, Louisiana, in the following issues: 10129/2016 Shelley Calloni, Public Notices Representative Sworn and subscribed before me by the person whose signature appears above 10129/2016 M. Monic McChristian, Notary Public ID# 88293 State of Louisiana My Commission Expires: Indefinite LOVE ADVERTISING 123151-01 ERLYNS PORTILLO 770 S POST OAK LANE SUITE 101 HOUSTON, TX 77056 A! KPMJC NOMCE PR*4n1OPOSAL CONFER- ENCE& Tuesday; Npverntax L% 2016 8-,00 am focal time. M-4 City Plaza, 20'E Main St, Room 000 North, Me sa; AZ &5201 PROPOSAL DUE DAM December 14, 2016 3!00 pm local'; time: CONTACT: Jess Romney: Procurement- o fl- cer, ees+vm _� 17.3151-oct29-zt Page 807 of 1360 Certificate of the Publisher The Herald -News Description:NIPA GROUNDS MAINTENANCE 1237613 LOVE ADVERTISING, INC. STE 101 770 S POST OAK LANE HOUSTON TX 77056 Shaw Media certifies that it is the publisher of The Herald -News. The Herald -News is a secular newspaper, has been continuously published daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Joliet, County of Will, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 ILCS 515. A notice, a true copy of which is attached, was published I time(s) in The Herald -News, namely one time per week for one successive week(s). Publication of the notice was made in the newspaper, dated and published on 10/28,'2016 This notice was also placed on a statewide public notice website as required by 5 ILCS 512.1. In witness, Shaw Media has signed this certificate by J. Tom Shaw, its publisher, at Joliet, Illinois, on 28th day of October, A.D. 2016 Shaw Media By: 1. Tom Shaw, Publisher Account Number 10103955 Amount $74.15 PUBLIC NOTICE Tho Ch a Mem, A2 is rereqquesting rpasah ham quotlded and �. Nrenaed ` Ferns is amwde Smunds Marnianaoe Equip;n&e Pads. Aacessor[K Sripphes, Related Servta% and Egrdpmerd (RFP No 2017025)- In order to be eanSidered; the Ojkai: mud M;18 and suomll a pmpmal to The dry of Mm, AZ in acmrdanee AM the roilmdo U doclimmbffidn amdable at ur�rw:nalrorghpo.ora and ht Jlmesaaz. ovArosfneesas f` urchasin Ihiu Wed m�een-SolfcHolians.rin- RF�PNumb---S17dd.dew PRE-PROPOSALGONFERENCIL Tuesday, NOmdm' 15, 2016 8:00 am fnooir time, Mesa L' Plaza, 20 E Moil 55 Room Og50 ROM, Mesa, AZ 85201 PROPOSAL DUE DATE, Aemrn6a' 14; 2016 3:0o pm: Ioan, hme CONTAor Jess Rarnnq, Pmauremw officer, le�.romn esaaz. . (Pubd8d In ft Haynld-New: on 0dbber 28, 2016,1237613 Page 808 of 1360 THE STATE MEDIA CO., INC. Columbia, South Carolina publisher of De's ate STATE OF SOUTH CAROLINA COUNTY OF RICHLAND Personally appeared before me, Allison Branham, Sales Operations Supervisor of THE STATE, and makes oath that the advertisement, Request for Proposals The City of Mesa, AZ is requesting proposals from qualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offeror must complete and submit a proposal to The City of Mesa, AZ 0002751040 was inserted in THE STATE, a daily newspaper of general circulation published in the City of Columbia, State and County aforesaid, lin the issue(s) of i October 28, 2016 n Allison Branham, Sales Operations Supervisor Subscribed and sworn to before me, Karen L. Book, on this day, October 28, 2016 My commission expires Requ6st for proposals The Oit1+ Mesa; AZ is requesting P lrcm qualified and expel- anced ,rums_ to provide Grounds Maintona roe Equipment, Parks, Ac - I cessoiles, Supplies, Related Serv- les and Equipriiant (RFP No 201T025), In order to be cc qid> ared,' gii" i]ttetor mus' complete aril submu a proposal io 7tte Orty of Mesa; Z m aoocrdaix a Wigi Hie PRE -PROPOSAL GOERENCE, TuesdayNwembei 1 2018 800 em local lime, Mase c Plaza, 20 E Mdn 's1, Room #A North, Me- ea, AZ 85201 PROPO-SAL DUE ®ATE' ' i` December 14, 20i6 8700 pm local " lime OONTAdt, Jess Romney, Pro. of ry f l I IC ourement Other. lass ,amney@me seaz.g= 2761040 September 7, 2026. "Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion. " r...: Page 809 of 1360 In Print. Online. Att the Time. Albany News Plaza Box 15000 Albany, LOVE ADVERTISING Account600104849 0 S. POST OAK Order Numbe0003908700 UNION,HOUSTON, TX 77056 Order Identifier: The City of Mesa, AZ is T Dollard / B Goodwin / S Rawling. / R Bernard of the city of Albany, being duly swom, says th he/she is principal Clerk of THE TIMES +rprinted Albany, b o of Colonie,Published in the County of Albany,oof oo +, and the city of Albany, aforesaid and that notice of which a printed copy is annexed has been regulary published in M said ALBANY TIMES on following dates 10-29-2016 ju,&. I „ ULEMENTS CRY PUBUC, Sho of Now York " m1llfs d finftftgat Go" A CL6319970 . . 0 Page 810 of 1360 The City of Mesa, AZ is requesting proposals from qualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025). In order to be considered, the Offerof must complete and submit a proposal to The City of Mesa, AZ in ac- cordance with the solicitaiion documentation available at w w w. n a t i o n a I i o a_._o�p_ and httpllmesau.goy/businesslpurchasina/bid-0000rtunitieslooen- solicitationsl-sonn-RFPNumberl-sortd-desc PRE -PROPOSAL CONFERENCE: Tuesday, November 15, 2016 8:00 am local time, Mesa City Plaza, 201= Main St, Room #450 North, Mesa, AZ 85201 PROPOSAL DUE DATE: December 14, 2016 3:00 pm local time CONTACT- Jess Rom- ney, Procurement Officer, less.romnev®mesaazgpy TU 11 (908700) Page 811 of 1360 russell johnis MCA, December 19, 2016 To Whom It May Concern: I am a duly authorized representative of MCA Russell Johns Associates, company handling the advertising matters for USA TODAY, a daily newspaper distributed within the United States, One TCPNINIPA ad was published in said newspaper under the Public Notice heading of USA TODAY national edition on the following date: October 31, 2016 Pd6ette Hatch Senior Professional Services Manager State of Florida County of Pinellas J.'_ On this JK day q-17fv w I attest that the attached document is a true, exact, complete, and unaltered tearsheet. cow, Nam S 01 1 MCA Russell Johns Associates 5020 West Linebaugh Avenue, Suite 210, Tampa, FL 33624 Page 812 of 1360 USA TODAY MONDAY, OCTOBER 31,2016 PEOPLE Kathy Griffin ked the deer Snapchat filter. Designer More Jacobs d Charly DeFrancesco r ally bulked up forthe party at the Waldorf Astoria. 1 14ATNYOR1PPIN2' 1 elebs go all out for Bette Midler's IT Hulaween bash y :SNAP10bk&h71" IpPH —Y., Carly Mallenbaum oteat<m¢saao can maces Th'tTMjD`Dy iisAT111— A virgin must have lit the black mca flae ndle, because Winifred Sanderson was out on the town Friday night. Bette Midler brought her be- lovedwitch from 1993's Hocus "o, back from the dead again to celebrate at the Waldorf Astoria. And, wow, the centuries-old char- acter looks good 23 years later. It was all for Hulaween, a bash thrown by Miller's Restoration MARKETPLACE TODAY For odverusing Information_ 18003970070 vAww.YusselgOhr, com /usat NOTICES TheCity of Mesa, AZ is requesting proposals m froqualified and experienced firms to provide Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment (RFP No. 2017025) In order to be considered, the Offeror must complete and submit a proposal to The Ccy of Mesa, AZ in accordance with the solicitation documentatioavailable at www.nationalipaurg and http://mesaaz.gov/business/purchasing/ bid-opportunities/open-solicitations/-sortn- RF PNu tuber/-sortd-desc PROPOSAL DUE DATE: December 14, 2016 3:00 pm local time CONTACT: Jess Romney, Procurement Officer, less .romney@ mesaaz.gov. ADVERTISEUSA TODAY Marketplace HERE Call Us! 800.397.0070' PUZZLES CROSSWORD TRICK OR TREAT! ACROSS 1Anjou relative 5 virtuoso 9 Like onewho errs, sotheysay 14 to or gypsy 15 RE edom from stress 16 Empty-headed 17 "Notsofast,Ms. DeGeneres 19 Mottled horse 20 Cafeteria mishap 21 Brainy sort 23 Take a chance on 25 Vietnamese New Year 26 Doge catcher 29 Legis aton requiring aring the wearing of flat shoes? 35 maheerforthe ador 36 Many an Olympic Ennast EMPLOYMENT CONNECTIONS Project, the non-profit that works to beautify New Yorks urban Landscape. Midler seemed to enjoy rock- ing the red hair and broom, and other guests at the party got into the Halloween spirit, too. Kathy Griffin's Snapehat ensemble was solid, and Marc Jacobs and Char- ly DeFrancescowere unrecogniz- able as bodybuilders. Midler isn't the first one to re- prise a ie look for charity: Rookie of the Pear star Thomas Ian Nicholas wore his Henry Rowengartner uniform to Seth Roger's Hilarity for Charity show. BUSINESS OPPORTUNITIES OWN YOUR 'OWN $$ 1.877.500.7603 $$ WWW.DR559.COM 38 Source of 71 "The Elder" of 27 LastOldsmobile 57 Disney's boy theatrical fog Rome ever made detective 39 Signover, as land 72 Work over 2827 -Down body 58 Bollywood 41 Borg, Lind or 73 Optimistic, as an style, perhaps garment Nobel outlook 30 Youngest Oscar 59"The Good Earth" 43 Austen novel that inspired"Clueless" DOWN winner in history 31 Chemical in heroine bO Icicle site, perhaps 44 Ark's landfall 1 Audi competitor Drano 62 First female U.S. 46 Gives a boost to2 Circusgoers' 32 In --- (unresolved) attorney general 48 Rosea one's mom, sounds 33 High points 63 Hankerings on Roseanne" 3Metromap 34 Create, as bb Little shaver 49 Deserter from a point carpet 67 Dissenting vote pod? 51 in favor..." 4 Presiding officials 5 Water sources 37 OItl Testament queen Friday Answer 53 Swampy area b Prince of 40 Bartl s T. 54 Baseball Broadway "before" 9 executive Epste n 7 Words from a 42 Lose on 56 Coal or o e.g. therapist purpose? 61 Way n 64 Like the 8 High pont 9 Trendy urbanite 45 In a dreadful manner y Lilliputians 10 Tesla ornewton 47 Word before 65 Irick-or-treattime 11 Equine feature pad or pool (and an anagram 12 Start to freeze? 50 Lester Holt or of 17-, 29-antl 13 Marquee gas Scott Pelley 49 -Across) 68 How some 18 "Silas Marner" novelist 52 Armed conflict e videos ga 22 Not optional 55 Conversation n a s 69 Racetrack shape 24 Had down cold starter krae 70 TOlstoys Karenna 26 Express alternatve 56lnvtat on letters CROSSWORDS pllllIl„�r,,.rgOF, PN ,�Nt sav ers colli voo vll avoo, vvicen�sa minute, or,witna creditcard, 1100 ago 1210. mMbilegames.uwroday.rom EMEEMM IIS IG ®MEMO ■ MIA EMEMEN ®■■:■�■: J IN MEER BUSINESS OPPORTUNITIES INVESTMENTS HEALTWFITNESS FDR-Epprwed Medk ti m • U.S. UI Pxarmades SAFE SEGAA[ 015GAEE1 II I 800 551 0352 VIAMEDIC.COM I 5D Sanderson for her Hulaween celebration. To view more Classified listings, visit: www.USATODAYClassifieds.com NOTICES Web Design �IAIkI�ut NEKITA MOORE -ittle Jill :;: Co Sizxrcill�urq ur wvque q N, C cera naaonal rrug kDrIT clvldre- cloDri�lq for buy's' &gals. e io i com vaww.little lllco. TRAVEL no: Sex: Femele 11131- Llissiea: Jun 27, 2016 Nair: tiled Aae N"wa6 Eyes: Drown From: upper usIDDO, MO Report puzzle problems to us at feedback@usatoday.com or 1-800-872-7073 WORDROUNDUP L A N D O V K T em t. "deeffn"urek T AMP A EA Z ions �Al 9 OVER K H Z S P U V A V A E S 4 R N E S T E N L J U F S „, re-;iea�rFe COfK4O9---- oo a l T P X Z S L T L J L E Tmeyee,e,.e,:unPSE uoPrensrrocr usr7mnNlTosn � H S M I AMB R K E R souy IDon zrn ourarusenvracrasa coPura7aEE 0 S H H L I Z Al R D Y W D v©ooh o©©o ©ono o©©© SUDOKU 1 8 5 9 4 2 4 7 8 7 1 2 3 4 8 7 5 1 2 9 5 6 8 2 3 7 5 6 2 3 6 1 2 3 9 8 7 4 5 6 9 NAI 'rr S MI -11110 -*It SODOKU FUSIONm"f i::ruR PNokNF mobilegames.usatodaycom Mu"raaal ud,,k UP&DOWN WORDS BI . rlo;rto"d SAL. rloyr ions 1 GOLF 2. 5. IN Topfo—T-1.1— GO GET MOVING TARGET DANCING Mused DANCING WITH PLAY ONLINE W+L"0'TB.pA".M.MTl;gB,h/kV;u;;y,MA Mu"r,eaal udi�k Page 813 of 1360 Find a Distributor Page 1 of I Your Toro Distributor To learn more about Turf Maintenance Equipment or Irrigation Solutions from The Toro Company, please contact: Hector Turf 1301 NW 3rd Street Deerfield Beach, FL 33442 View Map (http://maps.google,com/?q=1301 NW 3rd Street DeeIield Beach, FL 33442) http://www.hectorturf.com (http://www,hectorturf.com) 954-429-3200 Search Again Copyright O 2021 The Toro Company I Terms of Use (https://www.toro.corn/en/legal/terms-of-use? elgTrackId=eb5a7859858147d6810021e45c572474&elqaid=249&elqat=2) Privacy Notice (https://www.toro.com/en/legal/privacy-policy? elgTrackId=6fb72d9fe5be48cbb451e799067fbe3a&elgaid=249&elqat=2) I [)MCA/Copyright Policy (https://www.toro.com/en/legal/DMCA-copyright-policy? elgTrackId=e7ea14clda444e3a96362eba36a60b8b&elqaid=249&elqat=2) https:Hcomm.toro.com/lookup Pa9MMIof 1360 Contractor proposal prepared for: :1, T6 :,jw 0 09monA **BUDGET** Links At Boynton Beach Golf Date: 01/22/21 Attn: Glenn Landgraf Terms, TBD 8020 Jog Rd Quote # 12221 Boynton Beach, FL 33472 Dear Glenn, Below you will find the Toro Irrigation Material and Labor Budget. This is based on existing. qty's. and adding new in/out sprinklers for 27 holes. 1A. Oro Wonde A. d otors. is. purge rrorection Lonicroi system Toro Lynx Central Control Systel ........ ............. s s"ic 96 plan with New Com. . . ........ ........................................................................... . wwwwwwwww updates, NSN training, Lynx upgra Toro Smart Hub - DEC -RSP -1000 D. -Electricall F .................................... DBRY Splice S 14/2 Maxi Style Wire (extimatec - NSN-LYNX-UPG Iter, pfin ter, 3 yr5 NSN support and and Lvnx mobile ooDs qty) Page 1 of 3 1 1 $17,699 1 ul $6,191.00 87,500 11 $0.31 Toro Equipment sub -total $17,699 Page 815 of 1360 *Quotatlon provided in accordance with terms, conditions and pricing of Omnia Partners Contract p 2037025 *Contract pricing for Golf irrigation Wholegoods, Accessories and Attachments 4096 off MSRP. Additional Discounts Applied. Terms: 1. Materials quoted are FOB Boynton Beach, Florida. Any additional quantities beyond is original bill of material will be invoiced at current prices and subject to freight charges. 2. Prices are firm on all materials until May 28, 2021 unless otherwise stated. (PVC and HDPE products guaranteed 10 days from proposal date) (Electrical products guaranteed 10 days from proposal date) 3. All quoted materials can be on site within 2-4 weeks from order date with the exception of the PVC and HDPE products. Those items can be expected within 4-12 weeks. 4. Payment terms: 0% deposit required at time of purchase for all items referenced on the attached quotation. S. No modifications may be made once manufacturer has started the build process. Each manufacture may require a substantial cancellation or modification fee. 6. All claims for shortages or incorrect deliveries must be submitted in writing to Hector Turf within 5 days after receipt of goods. 7. All claims for invoice price discrepancies must be submitted in writing to Hector Turf within 5 days after receipt of goods. 8. Al[ prices are subject to Florida state sales tax (as applicable). Page 2 of 3 Page 816 of 1360 9. Up to 5% of any line item on the bill of material (with the exception of pipe and wire) may be returned without a restocking fee. All approved items beyond the 5% allowable return will be subject to the full cost of the return to the manufacturer, which will be calculated at the time of the requested return. 10. Special order items are not returnable. Pipe and wire are special order items and are non -returnable. Under no circumstance will Hector Turf, transport, take possession of, store, or otherwise "handle" or give credit for unused or unwanted pipe and wire from this project. 11. Hector Turf will not be responsible for ordering any necessary material needed to complete scope of work. 12. Hector Turf does not accept credit card payments/third parry corporate card program payments. Our required method for receiving payments is by ACH or check. Sincerely, If you have any questions, please contact me at (954) 214-5496 or at mmcdaniel@hectorturf.com Sincerely, Mike McDaniel Irrigation Products Division HECTOR TURF Page 3 of 3 Page 817 of 1360 Requested Action by Commission: Approve task order to Murphy Pipeline Contractors based on the unit price contract for Pre -Chlorinated Pipe Bursting of Potable Water Mains, Bid No. 036-2821-16/TP for water mains located on NW 1st Street and NW 2nd Street, in the amount of $532,536.00 plus a 10% contingency of $53,253.60 for a total expenditure of $585,789.60. Explanation of Request: Utilities Department staff have identified water mains located on NW 1St Street and NW 2nd Street that are in need of replacement. Pipe Bursting is a trenchless method of replacing outdated or inadequate buried water main pipes. The scope of work consists of pipe bursting a total of 3,850 linear feet of existing 4" asbestos cement water main and replacing it with 6" pre -chlorinated HDPE (high-density polyethylene) water main. Murphy Pipeline Contractors will furnish all labor, materials, equipment, incidentals and appurtenances to complete the scope of work as outlined in the task order. How will this affect city programs or services? Water main replacement will provide increased capacity and reliability for the distribution of potable water as well as fire flow water to areas which the Utilities Department services. Fiscal Impact: Budgeted Funds for this repair service will be available from the Utilities account number 403-5000-533.65-04; WT 1802. Alternatives: Do not approve task order and seek contractors who will replace water main by open cut method of excavating, which will significantly increase restoration costs for the project. Strategic Plan: Strategic Plan Application: Page 818 of 1360 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D fl'..-isk Order D QLAOUDS D 1.....c. ca tic.:in Map D Bid D Exhibit D Exhibit D Otheir Description NW 21nd StFlirqposal� NW 21nd and 1st St, Unit Fliric,(�.. Flirc..)ject Airea Re IBlid for IPire Chbirinated PipeIi::: LAirsting of FlotaUe Wateir li ains MIFI IRe IBlid R% %wil eine Flirc..)ject Ipiresenta tic.n Page 819 of 1360 MURPHY PIPELINE CONTRRCTORS An IRR Company March 17 1h 2021 Brandon Mingo Crew Supervisor Senior City of Boynton Beach Utilities Tel: 561.742.6438 Subject: NW 2 d and NW Is'Street Water Main Replacement Dear Mr. Mingo: Corporate Headquarters 011111101 �� 904.764.6887 11 AK� 904.379.6193 A11)11)111,11�55: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office 011111101 :: 414.321.2247 11 AX:: 414.321.2297 AIDID111,11 55: 1973 S 91' Street Milwaukee Wl 53227 murphypipelines.com swagelining.com SENT VIA E-MAIL (mingob@bbfl.us) IVIPC proposes to perform the replacement of Boynton Beach's existing 4" & 6" water main infrastructure with 6" HDPE DR 11. Pricing is based on IVIPC proposed marked up drawings. Chlorinated Pipe Bursting to be used for water main replacement. Unit prices are used from Re -Bid for the Pre -Chlorinated Pipe Bursting of Potable Water Mains Bid No. 036-2821-16/TP. The area of work has been marked in blue in the aerial drawings attached. The total value of the proposal submitted is $532,536.00. Submittals shall be approved by the City of Boynton Beach or their representative. IVIPC to provide community notifications approved by the City of Boynton Beach. Respectfully submitted, Richard Crow Murphy Pipeline Contractor Director of Engineering and Special Projects Cc: Andy Mayer, President of Murphy Pipelines Ed Steele, General Manager of Murphy Pipelines Ernie Brown, Operations Manager of Murphy Pipelines Enclosed attachments NW 2 d Street & NW Is'Aerial Proposal Water Main Replacement Drawings NW 2 d Street & NW Is' Unit Price Backup time 3/17/2021 Boynton Beach Pipe Bursting -NW 2nd Street NW 2nd Street and NW 1st Street Murphy Pipeline Contractors Section Description QTY UNIT UNIT PRICE TOTAL Mobilization/Demobilization Per Project 1 LS $17,500.00 $17,500.00 GC -1 MOT Per Project, City Right of Way 1 LS $2,000.00 $2,000.00 Pre/Post Construction Video 1 LS $1,000.00 $1,000.00 NPDES NPDES (if applicable) may not exceed 1.5% of the project cost 1 LS $500.00 $500.00 Drawings Record Drawings 1 LS $9,200.00 $9,200.00 Survey Construction Survey (Cost Reimbursement by City) 1 LS $7,000.00 $7,000.00 1-1 Indemnification/Individual Projects 1 LS $25.00 $25.00 R -1A Sod Restoration 9500 SF $0.72 $6,840.00 R -1B 6" Concrete 2850 SF $12.50 $35,625.00 R -IC 3" Asphalt 1500 SF $6.50 $9,750.00 R -ID Curb LF $40.00 $0.00 2.1 6" HDPE DR -11 by Pre -Chlorinated Pipe Burst 3850 LF $68.00 $261,800.00 3.2 6" Gate Valves 17 EA $1,176.00 $19,992.00 3.6 Install Fire Hydrant on 6" water 6 EA $3,000.00 $18,000.00 3.8 Tee 6X6X6 10 EA $735.00 $7,350.00 4.3.2 Up To 1" Long Side Water Serv. Connection -6" main 52 EA $1,225.00 $63,700.00 4.1.2 Up To 1" Short Side Water Serv. Connection -6" main 42 EA $637.00 $26,754.00 5.1 Line Stops 6" Water Main 7 EA $6,500.00 $45,500.00 Total: $532,536.00 Page 821 of 1360 O O C7 4- 0 N N co N O1 INVITATION TO BID RE-BID FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID No.: 036-2821-16/TP BID OPENING DATE: APRIL 20, 2016, 2:30 P.M. CONFERENCE ROOM "B" CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 page 02,51 uf 0 TABLE OF CONTENTS NOTICE TOCONTRACTORS ................................................................................. NC -1 -NC -3 INSTRUCTIONS TOBIDDERS ................................................................................. |B -1-|B-13 GENERAL CONDITIONS FOR CONSTRUCTION .................................................. GC-1—GC-53 SUPPLEMENTAL CONDITIONS FOR PIPE BURSTING. SSC-PB-1-GGC-PB-2 BIDFORM ................................................................................................................. BF -1 -BF -7 ACKNOVVLEGEK4ENTC>FADDENDA ..................................................................... Ar1 BIDDER ACKNOWLEDGEMENT ............................................................................. BA -1 BIDDER'S QUALIFICATION STATEMENT ............................................................. BQ-1—BQ-8 CONFIRMATION C>FDRUG-FREE WORKPLACE ................................................. OFVV-1 NONCOLLUSION AFFIDAVIT C>FPRIME BIDDER ................................................. NCA -1 ANTI -KICKBACK AFFIDAVIT .................................................................................. AKA -1 TRENCH SAFETY ACT AFFIDAVIT ......................................................................... TGA -1 SAFETY PROGRAM COMPLIANCE ....................................................................... GPC -1 WARRANTIES ......................................................................................................... VVAR-1—VVAR-2 CONFIRMATION C>FMINORITY OWNED BUSINESS ........................................... K4OB-1 SCHEDULE C>FSUBCONTRACTORS ................................................................... GGC/MBE-1 FLORIDA INSPECTOR GENERAL ACKNOWLEDGEMENT .................................. C>|G-1 STATEMENT C>FNC>BID ........................................................................................ NB -1 WARRANTY C>FTITLE ............................................................................................ VVT-1 INSURANCE ADVISORY FORM ............................................................................. |NG -1 SPECIFICATIONS AS ATTCHMENTS —'I'THRU'IV' CITY SPECIAL CONDITIONS'll' CITY TECHNICAL SPECIFICATIONS '11' CITY CONSTRUCTION STANDARDS AND DETAILS'111' PIPE BURSTING STANDARDS — SECTION 4 & SECTION 5'IV' When completed and executed, these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Page 824 of 1360 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard f, P. O. Box 310 N Boynton Beach, Florida 33425-0310 rj Telephone: (561) 742-6310 FAX: (561) 742-6316 INVITATION TO BID RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLEWATER MAINS Bid No: 036-2821-16/TP Bids will be received by the City of Boynton Beach, Boynton Beach, Florida in PROCUREMENT SERVICES Division on or before APRIL 20, 2016 no later than 2:30 P.M. (local time). If by hand, including messenger or delivery service; at the City Hall: 100 E. Boynton Beach Boulevard Boynton Beach, Florida Procurement Services if by mail: P.O. Box 310, Boynton Beach, Florida 33425-0310 All Bids will be publicly opened. Bid prices will be read aloud, only the names of the Bidders will be disclosed. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. SCOPE OF WORK: The City of Boynton Beach is seeking a maximum of two (2) qualified contractors to demonstrate specific experience in pre -chlorinated pipe bursting of utility system water mains. The intention of this Bid is to establish line item pricing for Pre -Chlorinated Pipe Bursting projects. The Scope of Work for Pre -Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work. Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at time of need. Boynton Beach Utilities — RE -BID Pipe Bursting NC - 1 Page 825 of 1360 The Scope of Work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Supplemental Conditions for Construction — Pre -Chlorinated Pipe Bursting,Technical Specifications and project drawings, which are hereby not listed in any order of precedence. NO Pre -Bid Conference is scheduled. Submit all questions to Taralyn Pratt, Contract Coordinator, by e-mail prattt bb l.us,(561) 742-6447 by April 11, 2016; all questions and/or clairications will be issued in an Ad d e In d u m. N O Site Inspection is required prior to bid opening. Inspections will be required on an "As Needed" basis as individual scopes of work are Specified by the City. At the time of project development, the awarded contractor(s) shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. ATTENTION ALL INTERESTED BIDDERS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. The City of Boynton Beach will send a copy of the bid documents via USPS to those bidders requesting a hard copy. Bidders who obtain copies of this solicitation from sources other than www.demandstar.com or the City, may risk not receiving certain addendum(s) issued as a result of the solicitation. A five percent (5%) Bid Bond IS NOT REQUIRED FOR THIS BID. Individual project values cannot be determined until time of need as specified by the City. A Purchase Order will be issued for all projects and serve as a Contract between the Contractor and the City. A one hundred percent (100%) Payment and Performance Bond is required when an individual project value exceeds $75,000. Bidders shall submit one (1) original (so marked), two (2) copies and one (1) USB Flash Drive of the bid and its accompanying statements. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. The low monetary Bid will NOT in all cases be awarded the Contract. Award will be made to the most responsive, responsible bidder whose Bid is the most advantageous to the City, price and other factors considered. The City reserves the right to reject any and all Bids and to waive technical errors as set forth in the proposal. CONE OF SILENCE: Pursuant to Palm Beach County Section 2-355, after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. Boynton Beach Utilities — RE -BID Pipe Bursting NC -2 Page 826 of 1360 PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. BID TERM: The bid award will be for a period of two (2) years (Initial Term). The bid may be extended for three (3) additional one-year terms, at the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Any questions relative to any item(s) or portion(s) of this Bid should be directed to Taralyn Pratt, Contract Coordinator, (561) 742-6447 with Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 4:00 P.M. prattt bbfl.us CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services Boynton Beach Utilities — RE -BID Pipe Bursting NC -3 Page 827 of 1360 INSTRUCTIONS TO BIDDERS These documents constitute the complete set of General Conditions, Specifications and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall contain Bidder's name, return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid, the Bidder agrees to all terms and conditions specified herein. NO EXCEPTIONS TO THE TERMS AND CONDITIONS SHALL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected at the option of the CITY. The CITY reserves the right to waive technical defects in any Bid. As used in this Invitation to Bid, the words Bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean Bidder. THE LOW MONETARY BID WILL NOT IN ALL CASES BE AWARDED THE CONTRACT OR PURCHASE ORDER. CONTRACTS OR PURCHASE ORDERS WILL BE AWARDED BY THE CITY TO THE MOST RESPONSIVE, RESPONSIBLE BIDDER WHOSE BID IS IN THE BEST INTEREST OF THE CITY. EVALUATION OF BIDS WILL BE MADE BASED UPON THE EVALUATION FACTORS AND STANDARDS THERETOFORE SET FORTH IN THE INSTRUCTION TO BIDDERS. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AND TO WAIVE TECHNICAL ERRORS AS HERETOFORE SET FORTH. IN THE EVENT OF A COURT CHALLENGE TO AN AWARD BY ANY BIDDER, DAMAGES, IF ANY, RESULTING FROM AN IMPROPER AWARD WILL BE LIMITED TO ACTUAL BID PREPARATION COSTS INCURRED BY THE CHALLENGING BIDDER. BY SUBMITING A BID, BIDDER ACKNOWLEDGES THIS LIMITATION ON DAMAGES AND RECOVERY IN THE EVENT OF A PROTEST OR LEGAL ACTION CHALLENGING THE AWARD OF BID. Boynton Beach Utilities — RE -BID Pipe Bursting IB - 1 Page 828 of 1360 DEFINED TERMS: Terms used in these Instructions to Bidders have the meanings assigned to them in the City of Boynton Beach, Standard General Conditions of the Construction Contract. 2. COPIES OF BID DOCUMENTS: 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. The City of Boynton Beach will send a copy of the bid documents via USPS to those bidders requesting a hard copy. Bidders who obtain copies of this solicitation from sources other than www.demandstar.com or the City, may risk not receiving addendum(s) issued as a result of the solicitation. Complete sets of Bid documents shall be used in preparing Bids. Neither CITY nor CONSULTANT assumes or disclaims any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. EXECUTION OF BID: Bid must contain a manual signature in ink, of an authorized representative who has the legal ability to bind the Bidder to contractual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the bid document must be initialed in ink. 4. NO BID: If not submitting a Bid, respond by returning one (1) copy of the "STATEMENT OF NO BID" and explain the reason by indicating as per reasons listed or in the space provided. Repeated failure to quote without sufficient justification may be cause for removal of the vendor's information from the City's mailing list. 5. BID SUBMISSION: It is the Bidder's responsibility to read and understand the requirements of this Bid. Bids shall be submitted to the Procurement Services Division. All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid opening shall be public and the Bid prices will be read aloud at the City's Administrative Office located at: CITY HALL 100 E. Boynton Beach Boulevard Second Floor (unless otherwise designated) Boynton Beach, Florida 33435 on the date and time specified in the Invitation to Bid. All Bidders and their representatives are invited to attend. The Bid opening may be delayed at the sole discretion of the City. Under no circumstances shall Bids delivered after the Bid opening specified time has begun be considered and as such, Bids will be returned unopened. It is the Bidder's sole responsibility to assure that the Bid is delivered at the proper time and place prior to the Bid deadline. Offers by facsimile, telegram, or telephone are not acceptable. A Bid may NOT be altered by the Bidder after opening of the Bids. The Bidder is requested to submit one (1) original, two (2) copies and one (1) USB Flash Drive of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the Bidding firm by his/her signature. In the case of corrections, the Bidder must initial any erasures or alterations in ink. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. 6. BID FORM: Additional copies of the Bid form may be obtained from demandstar.com. Bids must be submitted on the prescribed form; all blank spaces must be filed in as noted, in ink or typed with amounts extended and totaled. Where indicated on the Bid Form, items shall be stated in numbers. Boynton Beach Utilities — RE -BID Pipe Bursting IB -2 Page 829 of 1360 The estimate of the various quantities of work or goods applicable to unit price items as shown on the Bid Form is approximate and is intended solely to provide the basis of comparison upon which the Award of Contract is made. Final payment shall be made on the basis of the actual quantities of each item. Irregular Bids may be rejected. Irregular Bids are defined as those containing serious omissions, unauthorized alternative Bids, incomplete Bids or unbalanced Bids. Failure to provide all of the information required to accompany the bid, Bid Form and Specifications shall be considered a serious omission, which may result in the bid being rejected as non -conforming. Bids by partnership must be executed in the partnership's name and signed by a general partner, his/her title must appear under his/her signature and the official address of the partnership must be shown below the signature. All names of persons signing documents must be typed or printed below the signature. The Bids shall contain acknowledgment of receipt of all addenda by submitting the Addenda acknowledgement form enclosed herein. 7. BID SECURITY: When required by the Bid documents each Bid must be accompanied by a Bid deposit or Bid surety bond in the amount specified. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the CITY of Boynton Beach. In lieu of a bid deposit, a bid surety provided by a firm licensed to do business in the State of Florida shall be provided to the CITY. Any Bid deposits submitted will be returned to the Bidder(s) at the time of contract award. The Bid deposit of the successful Bidder shall be returned upon receipt of acceptable Performance and/or Payment Bonds. A five percent (5%) Bid Bond IS NOT REQUIRED FOR THIS BID. Individual project values cannot be determined until time of need as specified by the City. A Purchase Order will be issued for all projects and serve as a Contract between the Contractor and the City. A one hundred percent (100%) Payment and Performance Bond is required when an individual project value exceeds $75,000. Upon receipt of an Award Letter with the contract agreement for a purchase order, Bidder shall enter into a Contract and/or accept the purchase order with the CITY and furnish the necessary documents, including but not limited to: insurance certificates, performance and payment bonds in the amount total to the awarded contract amount. The Attorney -in -Fact who signs the bond must file with the bond a current proof of appointment as Attorney -in -Fact. The Bid deposit/security of the Successful Bidder shall be retained until such Bidder been awarded a binding Contract or Purchase Order or Contract Security whereupon the Bid security shall be returned if applicable. If the apparent Successful Bidder fails to execute a contract within ten (10) calendar days after receipt of the Award letter which is issued prior to the CITY's award of purchase order or contract, the CITY may annul such Award Letter, and the security of that Bidder shall be forfeited and retained by the CITY. The CITY may then recommend to acceptance of the Bid of the next lowest responsive, responsible Bidder, or to re -advertise for Bids. If the Bid of the next lowest, responsible Bidder is accepted, this acceptance shall bind such Bidder as though it was the original successful Bidder. There shall be no binding contract until such time as the CITY executes the Contract or issued the Purchase Order as the final award of the contract. The Bid Security of other Bidder's whom the CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Purchase Order or Contract, or the ninety-first day after the Bid Opening. The Bid Security furnished by non -awarded vendors will be Boynton Beach Utilities — RE -BID Pipe Bursting IB -3 Page 830 of 1360 returned. Bid Security with Bids which are not competitive or responsive shall be returned upon award of the Bid. 8. QUALIFICATIONS OF BIDDERS: Bids shall only be considered from companies that have an established good reputation, related experience, and have completed five (5) projects of similar scope and size in the State of Florida to the satisfaction of the CITY. If needed to demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) calendar days of CITY's request, written evidence such as financial data, previous experience, present commitments and other such data as may be called for the Instruction of Bidders. Each Bid must contain evidence of Bidder's qualifications to do business in the State of Florida. The CITY reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Bidder to perform the Work and if after investigation, the evidence of the Bidder's competency or financial ability is not satisfactory, the CITY reserves the right to reject the Bidder's submittal. The project shall be constructed by a firm with the primary qualifying agent licensed as a Contractor pursuant to Chapter 489, Florida Statutes, and as defined in Paragraph 489.105, and shall have been employed full-time by the construction firm for at least one (1) year prior to this project's bid date. 9. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas. 10. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. Boynton Beach Utilities — RE -BID Pipe Bursting IB -4 Page 831 of 1360 Performance and Payment Bonds are required only when individual projects, identified by the City on an "AS NEEDED BASIS" exceed $75,000.00. 11. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. 12. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety (90) days after the date of the Bid sole discretion, release any Bid and return the Bid Security prior to that start date. 13. MODIFICATIONS OF BIDS: Bids may be modified by an appropriate document duly executed (in the same manner that the Bid must be executed) and delivered to the place where the Bids are to be submitted at any time prior to the solicitation closing date and time. The Bidder must present certification to assure that they are indeed an authorized representative of the Bidder's firm at the time modification to the Bid is presented. 14. WITHDRAWAL OF BIDS: All Bids shall be irrevocable unless the Bid is withdrawn as provided herein. All Bids may be withdrawn only by written communication delivered to the Procurement Services Division prior to the solicitation closing date and time. The Bidder must present certification to assure that they are an authorized representative of the Bidder's firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid. However, if within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the CITY and promptly thereafter provides detailed information to substantiate to the CITY that there was a material and substantial mistake in the preparation of its Bid, Bidder may withdraw its Bid, and the Bid Security will be returned. The Bidder must present certification to assure that the Bidder is an authorized representative of the Bidder's firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid and Bid Security. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Bid Documents. 15. AWARD OF CONTRACT: If a Contract is awarded, it shall be awarded to the lowest responsive and responsible Bidder. At the time of bid submission, Bidder must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified Work. A Bidder is not a responsible Bidder if: 1. They do not hold the requisite license(s) to apply for and obtain permits required for the Work; and 2. They have not completed five (5) or more similar projects for a public entity, developer, 3. They have been a party to litigation or arbitration arising from a public entity within the past sixty (60) months. 4. They are not able to provide proof of ability to obtain a bond to secure completion of project. 5. They have not attended the mandatory pre-bid construction conference, if applicable. 6. They have paid liquidated damages to the public entity for a public protest that was delayed more than ten (10) days, within the past forty-eight months. 7. They were the contractor on a public construction project that incurred cost over- runs in excess of ten percent (10%) of the amount of their bid amount, within the past forty-eight (48) months. 8. They are not qualified to do business in the State of Florida. Boynton Beach Utilities — RE -BID Pipe Bursting IB -5 Page 832 of 1360 In addition the Bidder shall have the financial ability to commence and complete the project. Each Bidder shall submit written evidence such as financial data, previous experience, present commitments and other such data as may establish financial ability. The City reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the Work. NO AWARD SHALL BE DEEMED FINAL AND ALL SUCH AWARDS SHALL BE DEEMED CONDITIONAL UNTIL THE PARTIES SHALL HAVE FULLY EXECUTED THE AGREEMENT(S) CONTEMPLATED HEREIN, AND A FULLY EXECUTED AGREEMENT HAS BEEN RETURNED TO THE BIDDER, OR A URCHASE ORDER HAS BEEN ISSUED BY THE CITY COMMISSION OR DESIGNEE TO THE BIDDER. NO BIDDER SHALL BE ENTITLED TO RELY ON ANY ANNOUNCEMENT OF AN AWARD, AND THE CITY SHALL IN NO WAY BE ESTOPPED IN THE REVOCATION OF AN AWARD PREVIOUSLY GRANTED. 16. RIGHTS OF THE CITY: The CITY expressly reserves, if in its best interest to include, but is not limited to: ➢ Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Bidder; ➢ Waive any defect, irregularity or informality in any Bid or Bidding procedure; ➢ Reject or cancel any or all bids; ➢ Extend the bid deadline time and date; ➢ Accept any Bid or combination of Bid alternates that in the CITY's judgment shall serve the CITY's best interest; ➢ Make multiple awards; ➢ Disregard all nonconforming, non- responsive, unbalanced, or conditional Bids or counter- proposals. ➢ Request additional quantities of the Bid product or services at the prices bid in the solicitation with exception if specifically noted, "BID IS FOR SPECIFIED QUANTITY ONLY", decrease the quantity specified in the Invitation to Bid, or completely eliminate any items of the Work listed in the Bid Form in order that the Work can be completed within the amount of available funds; ➢ Consider and accept an alternate Bid as provided herein when most advantageous to the CITY. 17. REJECTION OF BIDS: The CITY reserves the right to reject any or all Bids, to waive technical errors, to accept a portion of any Bids that are deemed to be the most advantageous to the CITY. In determining the "most advantageous Bid"; price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; purchase price; life expectancy; cost of maintenance and operations; operating efficiency, training requirements; disposal value; and other matters contributing to the over acquisition cost of an item. Considerations may be given, but are not necessarily limited to conformity to the specifications including timely delivery; product warranty; a Bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the CITY or other governmental entities. In an effort to efficiently advance the submitted Bids for administrative review, the CITY reserves the right to reject all but the three (3) lowest Bids when evaluating the submitted Bids. 18. BID TABULATION: Pursuant to Florida Statute 119, sealed Bids or Proposals received by an agency pursuant to Invitation to Bid or Request for Proposals are exempt from public records disclosure until such time as the agency provides notice of a decision or intended decision, or within thirty (30) days after bid/proposal opening/closing, whichever is earlier. 19. PRICES: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall Boynton Beach Utilities — RE -BID Pipe Bursting IB -6 Page 833 of 1360 govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 20. DELIVERY: If required by the CITY, all items shall be delivered F.O.B. Destination to a specific address. All delivery costs and charges must be included in the Bid price. The CITY reserves the right to cancel orders or any part thereof without obligation, if the delivery is not made at the time specified in the Bid. 21. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, Bid prices, extensions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed by the Contract. In the event of extension error(s) the unit price shall prevail and the Bidder's total offer shall be corrected accordingly. Erasures or corrections on Bids must be initialed in ink by the Bidder. 22. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: ➢ Contain the Bidder's Federal Employer Identification Number. ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 23. ADDENDA: From time to time, the CITY may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. The CITY reserves the right to amend this Boynton Beach Utilities — RE -BID Pipe Bursting IB -7 Page 834 of 1360 Bid prior to Bid opening. Written addenda shall serve as the sole means of clarification. The CITY shall not be responsible for oral interpretations given by any CITY employee or its representative. All addenda will be available to Bidders through the CITY's e -Procurement system, www.demandstar.com. Therefore, it is the Bidder's responsibility to check with the Procurement Services Division and immediately secure all addenda before submitting Bids. Each Bidder shall acknowledge receipt of ALL addenda by notation on the Addenda acknowledgement Form to be submitted with the bid and shall adhere to all requirements specified in each addendum prior to submission of the Bid. 24. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; Bidder shall submit a written request to the CITY's Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence" for more details. 25. CONFLICT OF INTEREST: All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect,while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appearto influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to Boynton Beach Utilities — RE -BID Pipe Bursting IB -8 Page 835 of 1360 whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 26. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 27. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 28. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 29. ADVERTISING: In submitting a Bid, the Bidder agrees not to use the results therefrom as a part of any commercial advertising. 30. FACILITIES: A Bidder must have at the time of the Bid opening, an operational facility or be a fully authorized agent or representative of the product Bid, and capable of producing, providing or installing the items Bid, and so certify upon request. The CITY reserves the right to inspect the Bidder's facility(ies) at any reasonable time, prior to award of the Bid, during normal business hours with prior notice, to determine that the Bidder has a bona fide place of business and is a responsible Bidder. 31. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Bids which the prices obviously are unbalanced shall be subject to review and/or rejection. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.37 of the Instruction to Bidders, "Public Entity Crimes." d. Not completing the Bid Submittal Form as required. 32. SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract Boynton Beach Utilities — RE -BID Pipe Bursting IB -9 Page 836 of 1360 by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 33. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued through the CITY's Procurement Services Division. 34. REJECTION: The right is reserved to reject any and all Bids or to accept the one deemed by the CITY to be the most advantageous. 35. NON -COLLUSION: Bidder certifies that it has not divulged, discussed, or compared its Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. (Note: Premiums, rebates or gratuities are not permitted with, prior to, or after any delivery of material.) Any such violation shall result in the cancellation and/or return of materials (as applicable) as being non -conforming and removal from the CITY's Bid list(s). Each Bidder shall complete the Non -Collusion Affidavit and shall submit with the Bid/Proposal. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 36. DEFINITION OF TERMS: Terms used in the Invitation to Bid shall have the meanings assigned to them in the industry in the subject matter of the Bid, unless otherwise specified in the Bid documents. 37. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six (36) months. 38. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid shall become a public record pursuant to Florida Statutes § 119.07. This includes material that the responding Bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening of Bids pursuant to Chapter 119, Florida Statutes. However, certain exemptions to the public records law are statutorily provided for in Florida Statutes § 119.07. If the Bidder believes any of the information contained in its Bid response is exempt from the Public Records Law, then the Bidder must specifically identify in the response, the material(s) which is deemed exempt and cite the legal authority for such exemption. The CITY's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the CITY and the CITY's officers, employees, and agents against any loss or damages by any person or entity as a result of the CITY's treatment of records as public record. 39. ANTI -KICKBACK AFFIDAVIT: Bidders are required to complete the Anti -Kickback Affidavit Form enclosed herein, attesting that no member of their firm has been engaged in any activity resulting in payment for actions such as: commission, kickback, or reward for gift. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 40. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the CITY of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the CITY does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal. Boynton Beach Utilities — RE -BID Pipe Bursting IB - 10 Page 837 of 1360 41. ANTI -DISCRIMINATION: The Bidder certifies that it is in compliance with the non- discrimination laws relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin. The provisions of the American Disabilities Act of 1990 pertaining to employment shall also be applicable. As defined by Chapter 760, Florida Statutes, the Bidder shall not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, age, handicap or marital status in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub -contractors to participate in all of its public and private sector subcontracting opportunities. Bidder understands and agrees that violation of this clause is a material breach of the contact and may result in contract termination, debarment, or other sanctions. 42. ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 43. COST OF BID: Costs, either direct or indirect, incurred by the Bidder in the preparation, delivery, or for any other reason associated with the submittal of this Bid is solely the responsibility of the Bidder and not the CITY, and shall not to be charged to the CITY. 44. LICENSES AND PERMITS: It shall be the responsibility of the successful Bidder to obtain all licenses and permits, if required, to complete the services at no additional cost to the CITY. Licenses and permits shall be readily available for review by the Director of Financial Services and City inspectors. 45. SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the CITY. If a sample is requested, it must be delivered within ten (10) days of the request, unless otherwise stated in the Bid. Each sample must be marked with the Bidder's name and manufacturer's brand name. The CITY will not be responsible for returning samples. The CITY may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 46. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CITY shall be final and binding upon both parties. 47. ASSIGNMENT: The successful Bidder shall not subcontract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent to the CITY. 48. SUBCONTRACTING: If a Bidder subcontracts any portion of the resultant contract for any reason; the Bidder must state the name and address of the subcontractor, the name and address of the person(s) to be contacted, type of work to be performed, dollar amount and percentage of the contract amount to be shared on the "Schedule of Subcontracting" form. The CITY reserves the right to reject any subcontractor who has previously failed in the proper performance of an award or failed to deliver on-time contracts in a similar nature. The CITY reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. The subcontractor shall be equally responsible for meeting all requirements specified in the Invitation to Bid and contract documents. 49. UNBALANCED BID: Bids that are judged to be mathematically or materially unbalanced shall be cause for the Bid to be rejected as non-responsive. Boynton Beach Utilities — RE -BID Pipe Bursting IB - 11 Page 838 of 1360 50. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 51. SALES TAX: All materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes. 52. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 53. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 54. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the agreement, the project, the equipment and the services provided to the CITY. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. Irregularity, and may be cause for rejection of the Proposal. 55. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami -Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 56. PALM BEACH COUNTY INSPECTOR GENERAL: The Successful Bidder shall be that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and in furtherance thereof, may demand and obtain records and testimony from the Successful Bidder and its subcontractors and lower tier subcontractors. The Successful Bidder understand and agrees that in addition to all other remedies and consequences provided by law, the failure of the Successful Bidder or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the CITY to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the Bid/Proposal. The CITY considers the failure of the Contractor to submit his document to be a major irregularity, and may be cause for rejection of the Proposal. 57. 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: Keep and maintain public records required by the CITY to perform the service; A. 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; Boynton Beach Utilities — RE -BID Pipe Bursting IB - 12 Page 839 of 1360 B. 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 C. 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. D. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US END OF INSTRUCTION TO BIDDERS Boynton Beach Utilities — RE -BID Pipe Bursting IB - 13 Page 840 of 1360 TABLE OF CONTENTS - GENERAL CONDITIONS Article TITLE Article TITLE No. No. COVER 6.17 Responsibility for Connecting to Existing TABLE OF CONTENTS Work 1. DEFINITIONS 6.18 Work in Street, Highway or Other Rights - 2. PRELIMINARY MATTERS of -Way 2.1 Delivery of Bonds and Insurance 6.19 Cooperation with Governmental Certificates Departments, Public Utilities, Etc. 2.2 Copies of Documents 6.20 Use of Premises 2.3 Notice to Proceed 6.21 Protection of Existing Property 2.4 Starting the Work Improvements 2.5 Pre -Construction Conference 6.22 Temporary Heat 2.6 Site Mobilization Meeting 6.23 Schedule 2.7 Progress Meeting 6.24 Continuing the Work 2.8 Pre -Installation Meeting 6.25 Contractor's General Warranty and 2.9 Finalizing Scheduling Guarantee 2.10 Submittals 6.26 Deletion/Oversight/Misstatement 3. CONTRACT DOCUMENTS 6.27 Exceptions to Specifications 3.1 Intent 6.28 Silence of Specifications 3.2 References to Standards 6.29 Quality 3.3 Review of Contract Documents 6.30 Conditions of Materials 3.4 Order of Preference 6.31 Disposal 3.5 Amending Contract Documents 6.32 Occupational Safety and Health 3.6 Reuse of Documents 6.33 O.S.H.A. 4. SITE OF WORK 6.34 Conditions and Packaging 4.1 Availability of Lands 6.35 Underwriters Laboratories 4.2 Reports of Physical Conditions 6.36 Asbestos 4.3 Physical Conditions - Underground 6.37 Closeout Submittals Facilities 6.38 Temporary Barriers and Enclosures 4.4 Differing Site Conditions 6.39 Environmental Controls 4.5 Reference Points 6.40 Security Procedures 5. BONDS AND INSURANCE 6.41 Product Substitution Procedures 5.1 Bonds 6.42 Field Samples 5.2 Insurance 7. OTHER WORK 6. CONTRACTOR'S RESPONSIBILITIES 7.1 Related Work on Site 6.1 Contractor Status 7.2 Coordination 6.2 Contractor Risk 8. CITY'S RESPONSIBILITIES 6.3 Supervision and Superintendence 8.1 Communications 6.4 Labor, Material and Equipment 8.2 Furnish Data 6.5 Concerning Subcontractors 8.3 Payments 6.6 Patent, Fees and Royalties 8.4 Lands, Easements, and Surveys 6.7 Permits, Laws and Regulations 8.5 Change Orders 6.8 Taxes 8.6 Suspension of WORK 6.9 Record Documents/Right to Audit 8.7 Estimated Dollar Value 6.10 Safety, Protection and Emergencies 8.8 Quantities 6.11 Shop Drawings and Samples 8.9 Additional Terms and Conditions 6.12 Site Clean-up 9. CONSULTANT'S STATUS DURING 6.13 Public Convenience and Safety CONSTRUCTION 6.14 Sanitary Provisions 9.1 CITY'S Representative 6.15 Indemnification 9.2 Visits to Site 6.16 Claims 9.3 Project Representation 9.4 Clarifications and Interpretations GC -1 Boynton Beach Utilities - RE -BID Pipe Bursting Article No. TITLE 9.5 Measurements 9.6 Rejecting Defective Work 9.7 Shop Drawings, Change Orders, and Payments 9.8 Determination for Unit Prices 9.9 Decisions on Disputes 9.10 Inspections and Testing 9.11 Limitations on CONSULTANT 10. CHANGES IN WORK 10.1 Authorized Changes 10.2 Unauthorized Changes 10.3 Execution of Field Change Order/Change Order 11. CHANGE OF CONTRACT PRICE 11.1 General 11.2 Cost of the WORK 11.3 Contractor's Fee 11.4 Cash Allowances 11.5 Unit Price WORK 11.6 Omitted WORK 12. CHANGE OF CONTRACT TIME 12.1 General 12.2 Liquidated Damages 12.3 Reimbursement of Consultant Expenses 13. TEST AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects 13.2 Access to WORK 13.3 Tests and Inspections 13.4 Uncovering WORK 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Reduction of Retainage Procedures GC -2 Boynton Beach Utilities - RE -BID Pipe Bursting Article No. 15. 15.1 15.2 15.3 15.4 15.5 16. 16.1 16.2 17. 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 TITLE SUSPENSION OF WORK TERMINATION CITY May Suspend WORK CITY May Terminate for Cause CITY May Terminate Without Cause Removal of Equipment Contractor May Stop WORK Terminate DISPUTE RESOLUTION Good Faith Effort Mediation MISCELLANEOUS Giving Notice Computation of Time Notice of Claims Cumulative Remedies Accident and Prevention Florida Products and Labor Employees Non -Discrimination Drug -Free Workplace Public Entity Crimes Assignment Venue Funding Out CITY'S Purchasing Card Debarment AND or Requirements for Personnel Entering CITY'S property Product Recall Rights to Bid Documents Severability Verification of Employment Status Abbreviations and Symbols Page 842 of 1360 ARTICLE 1 — DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter: The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter, within the time specified, the CITY may enter into a Contract. 1.5 Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder: Any person, firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4 "Clarifications and Interpretations" or orders minor changes in the Work in accordance with para. 10.1 "Authorized Changes in the Work". 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents: The Contract Documents establishing the rights and obligations of the parties and include the Contract, Contract/Bid, Addenda, CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award, when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Special Conditions, and the Drawings as the same are more specifically identified in the Contract, together shall all Written Amendments, Change Orders, Field Change Orders (change orders as a result of Field changes), and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format or text, data, graphics, and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the 1.21 public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided. The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. GC -3 Boynton Beach Utilities — RE -BID Pipe Bursting DAY: A calendar day of 24 hours measured from midnight to the next midnight. Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents; or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Page 843 of 1360 Drawings are not Drawings as defined in this paragraph 1.23 Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated, it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements: See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations, either federal, state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and the date the Contract Work to be completed. 1.29 Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 1.30 Project: The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative: The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub -Bidder: One who submits a Bid to a Bidder. 1.38 Sub -Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub -Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes § 218.70 and § 218.735, the term Substantial Completion shall be as follows, in lieu of any other definition 1.32 Responsible Bidder, Offeror, Quoter, or Respondent: An individual or business that has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability which will give reasonable 1.40 assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent, Vendor, Contractor: an individual, or business that has 1.41 submitted a bid, offer, proposal, quotation, or response, which conforms in all material respects to the solicitation, including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.42 1.34 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract GC -4 Boynton Beach Utilities — RE -BID Pipe Bursting a. "Substantial Completion" is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use, with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the CITY (on the basis of the CITY's evaluation as hereinafter provided) makes an award. Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. Supplier: A manufacturer, fabricator, supplier, distributor, materialman, or vendor. 1.43 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's Page 844 of 1360 Page 845 of 1360 anticipated profit, overhead costs, and other Documents: Before undertaking each part of the indirect costs. Work, CONTRACTOR shall carefully study and b. Materially Unbalanced Bid: a bid which compare the Contract Documents and check and generates a reasonable doubt that award to the verify pertinent figures shown thereon and all Bidder submitting a mathematically unbalanced applicable field measurements. CONTRACTOR bid will result in the lowest ultimate cost to the shall promptly report in writing to CONSULTANT CITY, or which is so mathematically unbalanced any conflict, error, ambiguity or discrepancy as to result in an advanced payment. which CONTRACTOR may discover and shall obtain a written interpretation or clarification from 1.45 Unit Price Work: Work to be paid for on the basis of unit CONSULTANT before proceeding with any Work prices. affected thereby. 1.46 Utilities: All pipelines, conduits, ducts, cables, wires, 2.5 PRE -CONSTRUCTION MEETING: manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities 2.5.1 The CONTRACTOR is required to attend a which have been installed underground or above ground to preconstruction meeting within ten (10) days furnish any of the following services or materials: electricity, after the effective date of the Contract, but before gases, steam, liquid petroleum, telephone, or other any Work at the Site is started (unless otherwise communications, cable television, water supply or specified in the Special Conditions). This distribution, sewage and drainage removal, traffic or other meeting shall be attended by the CITY, control systems. CONSULTANT and others as appropriate in order to discuss the Work. 1.47 Work: Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project 2.5.2 The CONTRACTOR's initial schedule for shop assigned to or undertaken by the successful Bidder/ drawings submittals, obtaining permits and Plan CONTRACTOR under the Contract Documents, including all of Operation and Critical Path Method (CPM) labor, materials, equipment, and other incidentals, and the Schedule shall be reviewed and finalized. As a furnished thereof. minimum, the CONTRACTOR's representatives should include its project manager and schedule 1.48 Written Amendment: A written amendment of the Contract expert. If the submittals are not finalized at the Documents, signed by the CITY and CONTRACTOR on or end of the meeting, additional meetings shall be after the Effective Date of the Contract . held so that the submittals can be finalized prior to the submittal of the first Application for ARTICLE 2 — PRELIMINARY MATTERS Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.5.3 CITY shall schedule pre -construction meeting. 2.1.1 The CONTRACTOR shall deliver to the CITY such 2.5.3.1 Attendance Required: CITY's Bonds and Insurance Policies, Certificates or other Project Manager, CONSULTANT, documents as the CONTRACTOR may be and CONTRACTOR/CM Project required to furnish in accordance with the Contract Manager and Superintendent. Documents. The aforementioned documents 2.5.3.2 Agenda: Distribution of Conformed must be submitted to the CITY prior to any work Contract Documents, Confirmation being performed. based on prior submission (during Bid process) of the list of 2.2 COPIES OF DOCUMENTS: Subcontractors, list of Products, Project Safety Plan, Schedule of 2.2.1 The CITY shall furnish to CONTRACTOR ONE Values and Progress Schedule. (1) copy (unless additional copies exist) of the 2.5.3.3 Designation of personnel Conformed Contract Documents for the representing the parties in Contract execution of the Work. CONTRACTOR shall be and the CONSULTANT. responsible for procuring additional copies from 2.5.3.4 Procedures and processing of field the CONSULTANT. decisions, submittals, substitutions, applications for payments, proposal 2.3 NOTICE TO PROCEED: requests, Change Orders, and Contract close-out procedures. 2.3.1 The Contract Times shall commence to run on 2.5.3.5 Issuance of Notice to Proceed. the date stated in the Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal 2.4 COMMENCEMENT THE WORK: Requirements/Record, Request for Information (RFI), Shutdown 2.4.1 CONTRACTOR shall begin to perform the Work Request, Boynton Beach on the commencement date stated in the Notice Department of Engineering Right -of - to Proceed, but no Work shall be done at the Way Permit Procedure and Project Site prior to such commencement date. Sign format will be distributed. 2.4.2 CONTRACTOR's Review of the Contract 2.6 SITE MOBILIZATION MEETING: GC -5 Boynton Beach Utilities — RE -BID Pipe Bursting Page 845 of 1360 2.6.1 CITY will schedule a meeting at the Project Site 2.7.3.10 Coordination of projected prior to CONTRACTOR occupancy. progress. 2.7.3.11 Maintenance and quality of work 2.6.2 Attendance Required: CITY, CONSULTANT, standards. Special Consultants, and CONTRACTOR, 2.7.3.12 Effect of proposed changes on CONTRACTOR's superintendent, and major progress schedule and coordination. Sub -Contractors. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute 2.6.3 Agenda: copies within two (2) days after 2.6.3.1 Use of premises by CITY and meeting to participants, with copies CONTRACTOR. to CONSULTANT, CITY, and those 2.6.2.1 CITY's requirements and partial affected by decisions made. occupancy. 2.6.2.2 Construction facilities and controls 2.8 PRE -INSTALLATION MEETING: provided by CITY. 2.6.2.3 Temporary utilities provided by the 2.8.1 When required in individual specification section, CITY. convene a pre -installation meeting at the site 2.6.2.4 Survey and building layout prior to commencing work on the section. 2.6.2.5 Security and housekeeping procedures. 2.8.2 Require attendance of parties directly affecting, 2.6.2.6 Schedules or affected by, work of the specific section. 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.8.3 Notify CITY and CONSULTANT five (5) working 2.6.2.9 Procedures for maintaining record days in advance of meeting date. documents. 2.6.2.10 Requirements for start-up of 2.8.4 Prepare agenda and preside at meeting. equipment. 2.6.2.11 Inspection and acceptance of 2.8.5 Review conditions of installation, preparation and equipment put into service during installation procedures. construction period. 2.6.2.12 CONSULTANT shall record minutes 2.8.6 Review coordination with related work. and distribute copies within two (2) days after meeting to participants, 2.8.7 Record minutes and distribute copies within with copies to all, participants three (3) days after meeting to participants with including CONTRACTOR, and those copies to CONSULTANT, CITY and those affected by decisions made. affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout 2.9 FINALIZING SCHEDULES: progress of the Work at maximum monthly intervals. Make arrangements for meetings, 2.9.1 Within ten (10) days of receiving the Notice to prepare agenda with copies for participants, and Proceed, the CONTRACTOR shall submit the preside at meetings. final schedule approved by the CITY and CONSULTANT. The finalized progress schedule 2.7.2 Attendance Required: Job superintendent, major shall be acceptable to the CITY as providing an Sub -Contractors and suppliers, CITY, orderly progression of the Work to completion CONSULTANT, as appropriate to agenda topics within the Contract Time. Such acceptance shall for each meeting. neither impose on the CITY's responsibility for the progress or scheduling of the Work nor 2.7.3 Agenda: relieve CONTRACTOR from full responsibility 2.7.3.1 Review minutes of previous thereof. The finalized schedule of Shop Drawing meetings. submissions shall be acceptable to the CITY as 2.7.3.2 Review of work progress. providing a workable arrangement for processing 2.7.3.3 Field observations, problems and the submissions. The finalized Schedule of decisions. Values shall be acceptable to the CITY as to 2.7.3.4 Identification of problems that form and substance. impeded planned progress. 2.7.3.5 Review of submittal, schedule and 2.10 SUBMITTAL PROCEDURES: status of submittals. 2.10.1 SCOPE OF WORK: Administrative and 2.7.3.6 Review of off-site fabrication and procedural requirements for processing of delivery schedules. submittals during construction process. 2.7.3.7 Maintenance of progress schedule. Submittals may include the following: 2.7.3.8 Corrective measures to regain a) Proposed Products Lists projected schedules. b) Proposed Vendor List 2.7.3.9 Planned progress during succeeding c) Product Data work period. d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting GC -6 Boynton Beach Utilities — RE -BID Pipe Bursting Page 846 of 1360 h) Quality Control Reporting Documents and product or system i) Certificates limitations, which may be detrimental j) Manufacturer's Installation, Handing and to successful performance of the 2.10.3.3 Storage Instructions completed Work. k) Manufacturer's Field Reports 2.10.3.9 Provide space for CONTRACTOR 1) Erection Drawings and CONSULTANT review stamps. m) Close-out Documents 2.10.3.10 When revised for resubmission, n) Warranties 2.10.3.5 identify all changes made since o) Scheduling of Work previous submission. p) Construction Progress Schedule 2.10.3.11 Distribute copies of reviewed q) Submittals Schedule submittals as appropriate. Instruct r) Survey and Layout Data 2.10.3.6 parties to promptly report any s) Construction Progress Reporting inability to comply with requirements. t) Periodic Work Observation 2.10.3.12 Submittals not requested will not be u) Photographic Documentation recognized or processed. v) Purchase Order Tracking CONTRACTOR. w) Operation and Maintenance 2.10.4 PRODUCT DATA Documentation 2.10.4.1 Product Data for Review: 2.10.2 RELATED SECTIONS: 2.10.4.1.1 Submit to CONSULTANT for review A. Payment Procedures for purpose of checking for B. Project Coordination conformance with information given C. References and design concept expressed in D. Quality Control Contract Documents. E. Product Storage and Handling 2.10.4.1.2 After review, provide copies and Requirements distribute per Submittal Procedures F. Close-out Submittals article above and for Record Documents purposes described in 2.10.2.1 SEE 2.10.2 RELATED SECTIONS the Special Conditions 01740 AND SUBMITTAL SECTIONS "Project Documentation and 2.10.1 FOR INDIVIDUAL Closeout" SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES — GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Identify project, CONTRACTOR, Sub -Contractor or supplier pertinent drawing and detail number, and specification section number, as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project, and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review, allow fifteen (15) days including delivery time to and from the CONTRACTOR. 2.10.3.8 Identify variations from Contract GC -7 Boynton Beach Utilities — RE -BID Pipe Bursting 2.10.4.2 Product Data for Project Information: 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out: 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM, plus two (2) copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products, models, options and other data. 2.10.4.6 Supplement manufacturers' standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review, distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the Special Conditions 01740 "Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one (1) copy of Building Permit, Site Permits, Environmental Permits, or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT Page 847 of 1360 for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub - Contractor, or CONTRACTOR to CONSULTANT, in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date, affidavits, and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product, but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten (10) days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. GC -8 Boynton Beach Utilities — RE -BID Pipe Bursting ARTICLE 3 — USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANT, or CONSULTANT's agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Page 848 of 1360 3.4 Performance and Payment Bond in a form supplied by the CITY, which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR, along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications, including change orders, duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda, with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents, the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. GC -9 Boynton Beach Utilities — RE -BID Pipe Bursting 3.4.2 With reference to Drawings, the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 (Amending of Contract Documents), the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specifications, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or 2. the provisions of any such Law or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY, CONTRACTOR or CONSULTANT, or any of their Sub - Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order (pursuant to Article 10, Changes in Work). 3.5.2 Additionally, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.2.1 A Change Order (pursuant to paragraph 10, Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample (pursuant to paragraph 6.11, Shop Drawings and Samples), or 3.5.2.3 CONSULTANT's written interpretation or clarification (pursuant to paragraph 9.4, Clarifications and Interpretations). Page 849 of 1360 land. Unsightly mounds of earth, large stones, 3.6 REUSE OF DOCUMENTS: boulders, and debris shall be removed so that the Site presents a neat appearance as part of 3.6.1 Neither CONTRACTOR nor any Sub -Contractor the Contract. or Supplier or other persons or organizations performing or furnishing any of the Work under a 4.1.4 Work Adjacent to Telephone, Power, Cable TV, direct or indirect contract with the CITY shall and Gas Company Structures: In all cases where have or acquire any title to or ownership rights in Work is to be performed near telephone, power, any of the Contract Documents, drawings, water, sewer, drainage, cable TV, or gas Special Conditions or other documents used on company facilities, the CONTRACTOR shall the Work, and, they shall not reuse any of these provide written notification to the respective on extensions of the Project or any other project companies of the areas of which Work is to be without prior written consent of the CITY and performed, prior to the actual performance of any CONSULTANT. Work in these areas. ARTICLE 4 — SITE OF WORK 4.1.5 Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other 4.1 AVAILABILITY OF LANDS: vehicular and non -vehicular traffic. The CONTRACTOR shall remove any earth or 4.1.1 The CITY shall furnish, as indicated in the excavated materials spilled from trucks and clean Contract Documents, the lands upon which the the streets to the satisfaction of the CITY, the Work is to be performed, rights-of-way and CONSULTANT, the Florida Department of easements for access thereto and such other Transportation, or other agency or governmental lands which are designated for the use of the entity having jurisdiction, as applicable. CONTRACTOR. Easements for permanent structures or permanent changes in existing 4.2 REPORTS OF PHYSICAL CONDITIONS: facilities shall be obtained and paid for by the CITY, unless otherwise provided in the Contract 4.2.1 Subsurface Explorations: Where applicable, Documents. Nothing contained in the Contract reference is made in the Special Conditions for Documents shall be interpreted as giving the identification of those reports of explorations and CONTRACTOR exclusive occupancy of the tests of subsurface conditions at the Site that lands of rights-of-way provided. CONTRACTOR have been utilized by CONSULTANT in shall provide for all additional lands and access preparation of the Contract Documents. thereto that may be required for temporary construction facilities of storage of materials and 4.2.2 Existing Structures: Where applicable, equipment. reference is made to the Special Conditions for identification of those drawings of physical 4.1.2 Occupying Private Land: The CONTRACTOR conditions in or relating to existing surface and shall not enter upon nor use any property not subsurface structures (except Underground under the control of the CITY until a written Facilities referred to in paragraph 4.3 herein) temporary construction easement agreement which are at or contiguous to the Site that have has been executed by the CONTRACTOR and been utilized by CONSULTANT in preparation of the property owner, and a copy of such the Contract Documents. easement furnished to the CITY and CONSULTANT prior to said use, and neither the 4.2.3 Neither the CITY nor CONSULTANT makes any CITY nor the CONSULTANT shall be liable for interpretation as to the completeness of the any claims or damages resulting from the reports or drawings referred to in paragraphs CONTRACTOR's trespass on or use of any such 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing properties. The CONTRACTOR shall provide Structures" above or the accuracy of any data or the CITY with a signed release from the property information contained herein. CONTRACTOR owner confirming that the lands have been may rely upon the general accuracy of the satisfactorily restored upon completion of the technical data contained in such reports and Work. drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not 4.1.3 Work in State, County and CITY Rights -of -Way limited to, any aspects of the means, methods, and Easements: When the Work involves the techniques, sequences, and procedures of installation of sanitary sewers, storm sewers, construction to be employed by the drains, water mains, manholes, underground CONTRACTOR and safety precautions and structures, or other disturbances of existing programs incident thereto. The CONTRACTOR features in or across streets, rights-of-way, may not rely upon any interpretation of such easements, or other property, the technical data, including any interpolation or CONTRACTOR shall (as the Work progresses) extrapolation thereof, or any non-technical data, promptly back -fill, compact, grade and otherwise interpretations, and opinions contained therein. restore the disturbed area to a basic condition which shall permit resumption of pedestrian or 4.2.4 Where the dimensions and location of existing vehicular traffic and any other critical activity or structures are of importance to the installation or function consistent with the original use of the connection of new Work, the CONTRACTOR GC- 10 Boynton Beach Utilities — RE -BID Pipe Bursting Page 850 of 1360 shall verify such dimensions and locations in the 4.3.1.4 CONTRACTOR shall have full field before the fabrication of any materials or responsibility for reviewing and equipment which is dependent on the checking all such information and correctness of such information. There shall be data. Further, the CONTRACTOR no additional cost to the CITY for shall be responsible for locating all CONTRACTOR's failure to verify such Underground Facilities whether or dimensions and locations, or for inaccurate not shown or indicated in Contract verifications by CONTRACTOR. CONTRACTOR Documents, for coordination of the shall bear the full cost of any modifications to the Work with the owners of such Work which result from subsurface conditions Underground Facilities during which result from subsurface conditions which construction, for the safety and could have been reasonably been discovered protection thereof as provided in prior to commencement of the Work or a portion paragraph 6.10, and repairing any of the work. damage thereto resulting from Work, the cost of all of which shall be 4.3 PHYSICAL CONDITIONS — UNDERGROUND FACILITIES: considered as having been included in the Contract Price. 4.3.1 Indicated: The information and data indicated in 4.3.1.5 All water pipes, sanitary sewers, the Contract Documents with respect to existing storm drains, force mains, gas Underground Utilities at or contiguous to the Site mains, or other pipes, telephone or is based on information and data furnished to the power cables or conduits, pipe or CITY or CONSULTANT by the owners of such conduit casings, curbs, sidewalks, Underground Facilities or by others. service lines, and all other 4.3.1.1 The CITY and CONSULTANT shall obstructions, whether or not shown, not be responsible for the accuracy shall be temporarily removed from or or completeness of any such supported across utility line information or data, and excavations. Where it is necessary 4.3.1.2 The CONTRACTOR shall notify the to temporarily interrupt services, the Underground Service Alert (USA) CONTRACTOR shall notify both the System, Phone No. 1-800-227-2600 CITY and occupant of such facilities and Sunshine State One Call five (5) calendar days before the Services (1-800-432-4770) at least interruption and again immediately forty-eight (48) hours in advance of before service is resumed. Before the commencement of Work at any disconnecting any pipes or cables, site to allow the member of utilities the CONTRACTOR shall obtain to examine the construction site and permission from the CITY or mark the location of the utilities' occupant, or shall make suitable respective facilities. arrangements for their disconnection 4.3.1.3 The CONTRACTOR acknowledges by the CITY or occupant. The that some (or all) of the utility CONTRACTOR shall be responsible companies with facilities shown on for all damages to any such pipes, the drawings may not be members conduits or cables, and shall restore of the USA System or Sunshine them to service promptly, as part of State One Call Services, and the Work, as soon as the Work has therefore, not automatically progressed past the point involved. contacted by the above referenced Approximate locations of known telephone number. The water, sanitary, drainage, natural CONTRACTOR will be responsible gas, power, telephone and cable TV for making themselves aware of installations along the route of new utility company facilities not reported pipelines or in the vicinity of new by the USA System or Sunshine Work are shown, but are to be State One Call Services, and shall verified in the field by the be liable for any and all damages CONTRACTOR prior to performing stemming from repair or delay costs the Work. The CONTRACTOR shall or any other expenses resulting from uncover these pipes, ducts, cables, the unanticipated discovery of etc. carefully by hand prior to underground utilities. The installing their work. Any CONTRACTOR shall be responsible discrepancies or differences found for notifying all of the utilities at least shall be immediately brought to the forty-eight (48) hours in advance of attention of the CONSULTANT in the commencement of Work at any order that necessary changes may site to allow the utilities to examine be made to permit installation of the the construction site and mark the Work. location of the utilities' respective facilities. The CONTRACTOR shall 4.3.2 Not Indicated: If an Underground Facility is also be responsible for verifying that uncovered or revealed at or contiguous to the each utility has responsibly Site which was not shown, nor located by the responded to such notification. facilities owner and which CONTRACTOR could GC - 11 Boynton Beach Utilities — RE -BID Pipe Bursting Page 851 of 1360 4.4 not reasonably have been expected to be aware of, CONTRACTOR shall promptly, after becoming aware of thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site conditions, within twenty-four (24) hours upon their discovery (but in no event later than seven (7) days after their discovery) and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated, described, or delineated in the Contract Documents, including those reports discussed in paragraph 4.2 and 4.3 (Physical Conditions, Underground Facilities), and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto, and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order shall be issued as provided in Article 10 (Changes in Work) to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, shall be allowable to GC- 12 Boynton Beach Utilities — RE -BID Pipe Bursting the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work, through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 (Change of Contract Price) and Article 12 (Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four (24) hours or no later than seven (7) days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide, if available, engineering surveys to establish reference points for construction, which in CONSULTANT's judgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 — BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY, furnish Performance and Payment Bonds, each in an amount at least ONE HUNDRED PRECENT (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY, or the CITY, at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount Page 852 of 1360 equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company, acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000), all bonds shall be placed with sureties with Best Ratings as stated below: The name, address, and telephone number of the surety and its agent must be listed on the bond. representative was issued 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form, and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division. The Bond number must be stated on the first page of the Bond. Boynton Beach Utilities — RE -BID Pipe Bursting Page 853 of 1360 5.2 INSURANCE: 5.1.3 For contracts up to $499,999.99, the surety shall have twice the minimum surplus and capital 5.2.1 The CONTRACTOR agrees to, in the required by the Florida Insurance Code at the performance of Work and services under this time the Bid is issued for the Work, otherwise the Agreement, comply with all federal, state, and surety shall have the minimum ratings: local laws and regulations now in effect, or hereinafter enacted during the term of this CONTRACT AMOUNT BEST KEY Agreement that are applicable to the RATING CONTRACTOR, its employees, agents, or Sub - Under $500,000 Class IX A or Contractors, if any, with respect to the Work and better services described herein. The CONTRACTOR $500,000 to Class XI A or shall obtain at CONTRACTOR's expense all $2,499,999.99 better necessary insurance in such form and amount as Over $2,500,000 Class XIV A or required by the CITY's Risk Management better Department before beginning work under this Agreement. The CONTRACTOR shall maintain 5.1.4 The Bond shall specifically incorporate and such insurance in full force and effect during the acknowledge the Surety's responsibility for life of this Agreement. The CONTRACTOR shall liquidated damages. provide to the CITY's Risk Management Department, all insurance certificates required 5.1.5 Bonds shall be executed and issued by a under this section prior to beginning any work registered agent, licensed and having an office in under this Agreement. The CONTRACTOR the State of Florida representing such corporate shall indemnify and save the CITY harmless from sureties. any damage resulting to it for failure to either CONTRACTOR or any Sub -Contractor to obtain 5.1.6 If the CONTRACTOR is a partnership, the Bond or maintain such insurance. shall be signed by each of the individuals who are partners, if a corporation, the Bond shall be The following are required types and minimum signed in the correct corporate name by duly limits of insurance coverage, which the authorized officer, agent, or attorney-in-fact. CONTRACTOR agrees to maintain during the There shall be an appropriate number of term of this Contract, unless otherwise stated: executed counterparts of the bond corresponding to the number of counterparts in Occurrence Aggregate the Contract. Each executed bond shall be Line of Business/Coverage $1,000,000 $2,000,000 accompanied by a) appropriate Commercial General Liability, acknowledgement of the respective parties, b) including: appropriate duly certified copy of Power -of- Premises/Operations Attorney or other certification of authority where Contractual Liability Bond is executed by agent, officer or other Personal Injury representative of CONTRACTOR or Surety, c) Explosion, Collapse, duly certified extract from by-laws or resolutions Underground Hazard of Surety under which Power -of -Attorney, or Products/Completed other certificate of Authority of its agent, officer or Operations GC- 13 Boynton Beach Utilities — RE -BID Pipe Bursting Page 853 of 1360 Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non - owned, and hired) Worker's Compensation & Employer's Liability - Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub - Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub -Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A -VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier shall give the CITY sixty (60) days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an "additional insured". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. "Claims -Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event, the Bidder shall maintain such Professional Liability Insurance in effect for three (3) years after the completion of the Project. GC - 14 Boynton Beach Utilities — RE -BID Pipe Bursting 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance, the U.S. Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project, it must Be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY and the CONTRACTOR, its employees, agents, Sub -Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site, has conducted sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY's property (including machinery and equipment) in, or on, or adjacent to the Site of the Work until final completion of Work, from action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever, should any damage occur by reason of any of the foregoing, the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Page 854 of 1360 6.3 6.4 Manager. Neither the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term "persons" includes without limitations, members of the public, the CITY and its employees and agents, the Project Manager and his/her employees, CONTRACTOR's employees, CONTRACTOR"s Sub -Contractors and Sub - Contractors respective employees, who are on or about or adjacent to the premises where said Work is to be performed. CONTRACTOR shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted federal, state, and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, damage and destruction to all of its materials, tools, appliances and property of every description and that of its Sub -Contractors and Sub -Contractor's respective employees or agents, and injury to or death of the CONTRACTOR, its employees, Sub -Contractors or Sub -Contractor's respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 611191:KTA69101ffl.11Nu1611191V1 IN911�1y9 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name, title and contact information for the designated supervisor/superintendent. LABOR, MATERIALS AND EQUIPMENT 6.4.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. They shall at all times maintain good discipline and order at the GC - 15 Boynton Beach Utilities — RE -BID Pipe Bursting Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observed by the CITY, without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site. 6.4.3 Condition of Materials: All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. 6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials, equipment, and products incorporated in the Work are ft for their intended purpose before being purchased by the CONTRACTOR. However, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials, equipment or products, together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval, pursuant to Section 32, Instruction to Bidders if prior to award, or after award, within ten (10) calendar days after the CONTRACTOR should have been aware of the need for substitution, unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name or Page 855 of 1360 6.4.5.2 6.4.5.3 6.4.5.4 catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, the opinion of the CONSULTANT and CITY, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service shall be indicated. The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and GC- 16 Boynton Beach Utilities — RE -BID Pipe Bursting Page 856 of 1360 CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation, to operating installation at factories, etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub - Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it have clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction, if applicable, to the CITY and CONSULTANT, if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer. Page 856 of 1360 6.5 CONCERNING SUBCONTRACTORS: to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.1 The CONTRACTOR shall not employ any sub- contractor, other persons or organization 6.5.5 Agreement: Any and all Work performed for the (whether initially or as a substitute) against CONTRACTOR by a sub -contractor shall be whom the CITY or the CONSULTANT may have pursuant to an appropriate agreement between reasonable objection, nor shall the the CONTRACTOR and the sub -contractor. CONTRACTOR be required to employ any sub- contractor against whom it has reasonable 6.5.6 Responsibility: The CONTRACTOR shall be objection. The CONTRACTOR shall not make responsible for the coordination of the trades, any substitution for any sub -contractor who has sub -contractors and materialmen engaged upon been accepted by the CITY's Project Manager in work of the Project.. and the CONSULTANT, unless the CONSULTANT determines that there is good 6.5.7 The CONTRACTOR shall cause appropriate cause for doing so. If after bid opening and prior provisions to be inserted in all subcontracts to the award of the Contract, the CITY objects to relative to the Work, to bid sub -contractors to the certain suppliers or sub -contractors, the CITY CONTRACTOR by the terms of these General may permit CONTRACTOR to submit an Conditions and other Contract Documents acceptable substitute so long as there is no insofar as applicable to the Work of sub - change in the Contract Price or Contract Time. If contractors, and to give the CONTRACTOR the the Contract Price or Contract Time is increased same power as regards terminating any sub - or extended, the CITY may return the Bid Bond contract that the CITY may exercise over the and award the Contract to the next qualified, CONTRACTOR under any provisions of the competent Bidder. If after the award of the Contract Documents. Contract, the CITY objects to certain suppliers or sub -contractors, the CITY shall permit 6.5.8 The CITY or CONSULTANT shall not undertake CONTRACTOR to make an appropriate and to settle any differences between the acceptable substitution which is also acceptable CONTRACTOR and his sub -contractors or to the CITY. No acceptance by the CITY or the between sub -contractors. CONSULTANT of any such sub -contractor, supplier, or other person or organization shall 6.5.9 If in the opinion of the CITY's Project Manager or constitute a waiver of any right of the CITY or CONSULTANT, any subcontractor on the Project CONSULTANT to reject defective Work. proves to be incompetent or otherwise unsatisfactory, such Sub -Contractor shall be 6.5.2 Responsibility: The CONTRACTOR shall be replaced if and when directed in writing. fully responsible for all acts and omissions of its Sub -Contractors and of persons and 6.5.10 CONTRACTOR shall also: organizations directly or indirectly employed by 6.5.10.1 Observe work of each subcontractor the CONTRACTOR and of persons and to monitor compliance with organizations for whose acts any of Schedule. CONTRACTOR or Sub -Contractor may be liable 6.5.10.2 Verify that labor and equipment are to the same extent that they are responsible for adequate for the Work and the the acts and omissions of persons directly Schedule. employed by CONTRACTOR. Nothing in the 6.5.10.3 Verify that product procurement Contract Documents shall create any contractual schedules are adequate. relationship between CITY or CONSULTANT 6.5.10.4 Verify that product deliveries are and any Sub -Contractor or other person or adequate to maintain schedule. organization having a direct contract with 6.5.10.5 Report non-compliance to CONTRACTOR, nor shall it create any obligation CONSULTANT with on the part of CITY or CONSULTANT to pay or recommendation for changes. to see to the payment of any moneys due any sub -contractor or other person or organization, 6.6 PATENTS, FEES AND ROYALTIES: except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub- 6.6.1 The CONTRACTOR shall pay all license fees contractor or other person or organization, to the and royalties and assume all cost incident to the extent practicable, evidence of amounts paid to use of any invention, design, process or device CONTRACTOR on account on specific Work which is the subject of patent rights or copyrights done in accordance with the Schedule of Values. held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and 6.5.3 Division of Work: The divisions and sections of anyone directly or indirectly employed by either the Specifications and the identifications of any of them from and against all claims, damages, Drawings shall not control the CONTRACTOR in losses and expenses (including attorney's fees) dividing the Work among sub -contractors or arising out of any infringement of such rights delineating the Work to be performed by any during or after completion of the Work, and shall specific trade. defend all such claims in connection with any alleged infringement of such rights. 6.5.4 Terms and Conditions: The CONTRACTOR agrees to bind specifically every sub -contractor 6.6.2 Patent rights: The CONTRACTOR shall be GC- 17 Boynton Beach Utilities — RE -BID Pipe Bursting Page 857 of 1360 6.7 6.8 6.9 Boynton Beach Utilities — RE -BID Pipe Bursting Page 858 of 1360 responsible for determining the application of project shall be withheld by the CITY until patent rights and royalties on materials, approval of all documents specified herein is appliances, articles or systems prior to bidding. made by the CITY's Project Manager. However, they shall not be responsible for such determination on systems which do not involve 6.9.2 The awarded CONTRACTOR shall maintain purchase by them of materials, appliances and during the term of the Contract all books, reports, articles. and records in accordance with generally accepted accounting practices and standards for PERMITS, LAWS AND REGULATIONS: records directly related to this Contract. The form of all records and reports shall be subject to 6.7.1 Permits: The CONTRACTOR shall secure and the approval of the CITY's auditor. The awarded pay for all construction permits and licenses and CONTRACTOR agrees to make available to the shall pay all governmental charges and CITY's auditor, during normal business hours, all inspection fees necessary for the prosecution of books of account, reports, and records relating to the Work, which are applicable at the time of its this Contract for the duration of the Contract and Bid. The CITY shall assist the CONTRACTOR, retain them for a minimum period of three (3) when necessary, in obtaining such permits and years. licenses. The CITY shall be invoiced at actual cost without markup. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County, Office of Inspector 6.7.2 The CONTRACTOR shall also pay all public General investigators shall have the power utility charges. The CONTRACTOR shall be without limitation to audit, investigate, monitor, responsible for obtaining dewatering permits as inspect and review the operations, activities, required. CONTRACTOR shall be responsible performance and procurement process of the for complying with the South Florida Water CONTRACTOR, its Sub -Contractors and lower Management District (SFWMD), Florida tier subcontractors and its officers, agents and Department of Environmental Regulations, employees relating to the Contract. United States Environmental Protection Agency and any other regulatory agency requirements 6.9.4 If the CONTRACTOR submits a claim to the including financial responsibility (fines, etc). CITY for additional compensation, the CITY shall have the right, as a condition to considering the 6.7.3 Laws and Regulations: The CONTRACTOR claim, and as a basis for evaluation of the claim, shall give all notices and comply with all laws, and until the claim has been settled to audit the ordinances, rules and regulations applicable to CONTRACTOR's books to the extent they are the Work. If the CONTRACTOR observes that relevant. This right shall include the right to the Specifications or Drawings are at variance examine books, records, documents, and other therewith, they shall give the CONSULTANT evidence and accounting procedures and prompt written notice thereof, and any necessary practices, sufficient to discover and verify all changes shall be adjusted by an appropriate direct and indirect costs of whatever nature modification. If the CONTRACTOR performs claimed to have been incurred or anticipated to any Work knowing it to be contrary to such laws, be incurred and for which claim has been ordinances, rules and regulations, and without submitted. The right to audit shall include the such notice to the CONSULTANT, they shall right to inspect the CONTRACTOR's plants, or bear all costs arising therefrom, however, is shall such parts thereof, as may be or have been not be their primary responsibility to make certain engaged in the performance of the Work. The that the Drawings and Specifications are in CONTRACTOR further agrees that the right to accordance with such laws, ordinances, rules audit encompasses all subcontracts and is and regulations. binding upon all Sub -Contractors. The rights to examine and inspect herein provided for shall be TAXES: exercisable through such representatives as the CITY deems desirable during the 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR's normal business hours at the CONTRACTOR is liable under the Contract shall office of the CONTRACTOR. Upon request by be included in the Contract Price stated by the the CITY, CONTRACTOR shall provide the CONTRACTOR. accounting records and documents, and other financial data and shall submit true copies of RECORD DOCUMENTS/RIGHT TO AUDIT: requested records to the CITY. 6.9.1 The CONTRACTOR shall keep in a safe place 6.10 SAFETY, PROTECTION AND EMERGENCIES: one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at 6.10.1 CONTRACTOR shall be responsible for the site in good order and annotated to show all initiating, maintaining and supervising all safety changes made during the construction process. precautions and programs in connection with the Such documents shall be available to the Work. CONTRACTOR shall take all necessary CONSULTANT and shall be delivered to the precautions for the safety of, and shall provide CONSULTANT for the CITY upon completion of the necessary protection to prevent damage, the Project. Such documents shall be used for injury or loss to: this purpose only. Final acceptance of the 6.10.1.1 All employees on the Work and GC - 18 Boynton Beach Utilities — RE -BID Pipe Bursting Page 858 of 1360 other persons who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Site, and 6.10.1.3 Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. 6.10.4 All damage, injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Sub -Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable, shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion) that the Work is acceptable or until any and all final "punch list' items are completed, whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or GC- 19 Boynton Beach Utilities — RE -BID Pipe Bursting causing loss of time from Work, arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48) hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE: CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT: The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR, without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act, at its discretion, to prevent damage, injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment, the conditions are Page 859 of 1360 unsuitable or the proper precautions are not project being taken, whatever the weather or water level conditions may be, in any season. After review, produce copies and distribute per Submittal Procedures article above and for 6.10.14 If the CONTRACTOR believes that additional Record Documents purposes described in work done by them in an emergency which arose Section 6.37 Closeout Submittals. Submit to from causes beyond their control entitles them to CONSULTANT for purpose of checking an increase in the Contract Price or an extension conformance with information given and design of the Contract Time, they may make a claim concept and on to the CITY's Project Manager. therefor as provided in Article 11 (Change in Contract Price) and Article 12, (Change in 6.11.2 SAMPLES: The CONTRACTOR shall also Contract Time). submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, 6.10.15 NATIONAL EMERGENCY: In the event the all samples required by the Contract Documents. CITY is prevented from proceeding with any or All samples must have been checked by and all of the Work as stated in the Contract due to a stamped with the approval of the declaration of war, or national emergency by the CONTRACTOR, identified clearly as to material, United States government, whereas the manufacturer, any pertinent catalogue numbers construction of the type contracted for herein is and the use for which intended. specifically prohibited by statute or government edict, or due to the stoppage of construction CONTRACTOR shall submit to CONSULTANT caused by any governmental agency, state, for purpose of checking conformance with CITY, town, or county regulations, orders, information given and design concept expressed restrictions, or due to circumstances beyond the in the documents. CITY's control, then the CITY herein reserves the right to either suspend the Work to be done After review, CONSULTANT shall submit color for an indefinite period of time or to cancel this board to CITY's Project Manager per Submittal Contract outright by giving notice by registered Procedures. Samples shall also conform to the mail of such intention to the CONTRACTOR following: herein. In the event of any conditions above 6.11.2.1 Sample finishes and colors shall be mentioned occurring after the Work herein has from full range or manufacturers' already commenced, then the CITY shall be standard and colors, textures, and liable for only the cancellation or suspension patterns for CONSULTANT's without the addition of prospective profits or selection and preparation of color other change whatsoever. board for CITY's approval. 6.11.2.2 After review and approval by the 6.11 SHOP DRAWINGS AND SAMPLES: CITY, provide duplicates and distribute per Submittal Procedures. 6.11.1 Shop Drawings: After checking and verifying all 6.11.2.3 Submit samples to illustrate field measurements, the CONTRACTOR shall functional and aesthetic submit to the CONSULTANT and the CITY's characteristics of the product, with Project Manager for review in accordance with integral parts and attachment the accepted schedule of Shop Drawing devices. Coordinate sample submissions, (see paragraph 2.9) copies (or at submittals for interfacing work. the CONSULTANT's option, one reproducible 6.11.2.4 Include identification on each copy) of all Shop Drawings, which shall have sample with full project information. been checked by and stamped with the approval 6.11.2.5 Submit number of samples specified of the CONTRACTOR. The data shown on the in specifications, one of which Shop Drawings shall be complete with respect to CONSULTANT shall retain. dimensions, design criteria, materials of Reviewed samples may be used in construction and the like to enable the Work, if indicated. CONSULTANT to review the information as required. 6.11.3 DEVIATIONS: At the time of each submission, the CONTRACTOR shall, in writing, call the Shop Drawings shall include but not be limited to CONSULTANT's attention to any deviations that the following information: the Shop Drawings or sample may have from the 6.11.1.1 Fabrication and Installation requirements of the Contract Documents. Drawings and details 6.11.1.2 Template placement diagrams 6.11.4 CONFORMANCE REVIEW: The CONSULTANT 6.11.1.3 Manufacturer's installation shall review within fifteen (15) days or as instructions extended by CITY, Shop Drawings and samples, 6.11.1.4 Product patterns and colors but their review shall be only for conformance 6.11.1.5 Coordination Drawings with the design concept of the Project and for 6.11.1.6 Schedules compliance with the information given in the 6.11.1.7 Product mix formula Contract Documents. The review of a separate 6.11.1.8 Product design or engineering item as such shall not indicate review of the calculations assembly in which the item functions. The 6.11.1.9 Other information as required by CONTRACTOR shall make any corrections GC -20 Boynton Beach Utilities — RE -BID Pipe Bursting Page 860 of 1360 6.12 required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times, thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the CITY, the CONTRACTOR shall remove all their surplus and discarded, and excavated materials, and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property, shall clean all portion of Work involved in any building GC -21 Boynton Beach Utilities — RE -BID Pipe Bursting under this Contract, so that no further cleaning by the CITY is necessary prior to their occupancy, shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work, and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials and rubbish. Upon completion of the Work, they shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave their work "broom clean" or the like, unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades, this shall include removal of all stains, dust, dirt, paint, etc. 6.12.2.5 General: In case of dispute, the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. 6.13.2 Safety: "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened. Approval from the CITY shall be coordinated through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. Page 861 of 1360 6.14 6.15 SANITARY PROVISIONS: 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such 6.14.1 The CONTRACTOR shall furnish necessary proceedings and all costs and fees associated toilet conveniences, secluded from public therewith shall be the responsibility of the observation, for use of all personnel on the Work, CONTRACTOR under this indemnification whether or not in their employ. They shall be agreement. kept in a clean and sanitary condition and shall comply with the requirements and regulations of 6.15.5 It is the specific intent of the parties hereto that the public authorities having jurisdiction. They the foregoing indemnification complies with F.S. shall commit no public nuisance. Temporary § 725.06 (Chapter 725). It is further the specific sanitary facilities shall be removed upon intent and agreement of the parties that all of the completion of the Work and the premises shall Contract Documents on this Project are hereby be left clean. amended to including the foregoing indemnification and the "Specific Consideration" INDEMNIFICATION: therefor. 6.15.1 CONTRACTOR agrees to protect, defend, 6.15.6 Nothing contained herein is intended nor shall be indemnify, and hold harmless the CITY, its construed to waive the CITY's rights and employees, representatives, and elected officials immunities under the common law or Florida from any and all claims and liabilities including all Statutes § 768.28, as amended from time to attorney's fees and court costs, including time. appeals for which the CITY, its employees, representatives, and elected officials can or may 6.16 CLAIMS: be held liable as a result of injury (including death) to persons or damage to property 6.16.1 In any and all claims against the CITY or the occurring by reason of any negligence, CONSULTANT or any of its agents or recklessness, or intentional wrongful misconduct employees, by any employee of the of the CONTRACTOR, its employees, or agents, CONTRACTOR, any Sub -Contractor, anyone arising out of or connected with this Agreement. directly or indirectly employed for whose acts The CONTRACTOR shall not be required to may be liable, the indemnification obligation indemnify the CITY or its agents, employees, under paragraph 6.15 (Indemnification) shall not representatives, or elected officials when an be limited in any way by any limitation on the occurrence results solely from the wrongful acts amount or type of damages, compensation or or omissions of the CITY, or its agents, benefits payable by or for the CONTRACTOR or employees or representatives. any Sub -Contractor under workers' compensation acts, disability benefit acts or other 6.15.2 The CONTRACTOR, without exemption, shall employee benefit acts. indemnify and hold harmless, the CITY, its employees, representatives and elected officials 6.16.2 Obligation: The obligations of the from liability of any nature or kind, including cost CONTRACTOR under paragraph 6.13 shall not and expenses for or on account of any copyright, extend to the liability of the CONSULTANT's service marked, trademarked patented or negligent acts, errors or omissions or their unpatented invention, process, or any other employees or agents. intellectual property right or item manufactured by the CONTRACTOR. Further, if such a claim is 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING made, or is pending, the CONTRACTOR may, at WORK: its option or expense, procure for the CITY the right to use, replace, or modify the item to render 6.17.1 It shall be the express responsibility of the it non -infringing. If none of the alternatives are CONTRACTOR to connect their Work to each reasonably available, the CITY agrees to return part of the existing work or work previously the article on request to the CONTRACTOR and installed as required by the Drawings and receive reimbursement from the CONTRACTOR Specifications to provide a complete installation. for such. If the CONTRACTOR used any design, device or materials covered by letters, patent or 6.18 WORK IN STREET, HIGHWAY AND OTHER RIGHTS -OF - copyright, it is mutually agreed and understood, WAY: without exception, that the Bid prices shall include all royalties or cost arising from the use 6.18.1 Excavation, grading, fill, storm drainage, paving of such design, device or materials in any way and other construction or installations in rights -of - involved in the Work. This article shall survive way of streets, highways, pubic carrier lines, the termination of any contract with the CITY of utility lines (either aerial, surface or subsurface) Boynton Beach. etc. shall be done in accordance with requirements of these Specifications and 6.15.3 The parties agree that Twenty-five Dollars authorities having jurisdiction. The ($25.00) of the total compensation paid to the CONTRACTOR shall be responsible for CONTRACTOR for performance of this obtaining all permits necessary for the Work. Agreement shall represent the specific Upon completion of the Work, CONTRACTOR consideration for the CONTRACTOR's shall present to CONSULTANT certificates, in indemnification of the CITY. triplicate from the proper authorities stating that GC -22 Boynton Beach Utilities — RE -BID Pipe Bursting Page 862 of 1360 6.19 6.20 the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES. ETC.. 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES: The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of their Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS: The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding shall be considered on account of their ignorance thereof. USE OF PREMISES 6.20.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in, and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or GC -23 Boynton Beach Utilities — RE -BID Pipe Bursting equipment 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations, indemnify and hold the CITY harmless from and against all claims, damages, losses and expenses (including, but not limited to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs, advertisements, fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub -contractors and other personnel, and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements Page 863 of 1360 6.22 6.23 6.24 6.25 appear on the Drawings, shall be restored to a maintenance or operation by condition equal or better, to the original state at persons other than CONTRACTOR, the time of award of Contract. Such restoration sub -contractors or suppliers, or or repair shall be at the sole expense of the 6.25.1.2 Normal wear and tear under normal CONTRACTOR, and no claim for an increase in usage the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the TEMPORARY HEAT: Contract Documents shall be absolute. None of the following shall constitute an acceptance of 6.22.1 The CONTRACTOR shall provide heat, fuel and Work that is not in accordance with the Contract services as necessary to protect all work and Documents or a release of CONTRACTOR's materials, within all habitable areas of permanent obligation to perform the Work in accordance building construction against injury from with the Contract Documents: dampness and cold, until final acceptance of all 6.25.2.1 Observations by CONSULTANT. work and materials for the Project, unless 6.25.2.2 Recommendation of any progress or building is fully occupied by the CITY prior to final payment by CONSULTANT. such acceptance. In which case the CITY shall 6.25.2.3 The issuance of a certificate of assume all expenses of heating from date of full Substantial Completion or any occupancy. Unless otherwise specifically payment by CITY or CONTRACTOR permitted by Special Conditions, the permanent under the Contract Documents. heating system shall not be used to provide 6.25.2.4 Use or occupancy of the Work or temporary heat. CONTRACTOR's proposed any part thereof by CITY. methods of heating shall be submitted for 6.25.2.5 Any acceptance by CITY or any approval. failure to do so, and 6.25.2.6 Any review and approval of a Shop SCHEDULE: Drawing or Sample submittal or the issuance of a notice of acceptability 6.23.1 CONTRACTOR shall submit to CONSULTANT by CONSULTANT pursuant to for review and comment (to the extent indicated paragraph 14.10. in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect 6.26 DELETION/OVERSIGHT/MISSTATEMENT: the impact thereon of new developments, these shall conform generally to the progress schedule 6.26.1 Any deletion, oversight or misstatement of the then in effect and additionally shall comply with Specifications shall not release the Bidder from any provisions of the General Requirements the responsibility of completing the Project within applicable thereto. All approved changes shall the agreed upon timeframe. be memorialized as change orders. 6.26.2 The cost of incidental work described in these CONTINUING THE WORK: Contract requirements, for which there are no specific Contract items shall be considered as 6.24.1 CONTRACTOR shall carry on the Work and part of the general cost of doing the Work and adhere to the progress schedule during all shall be included in the prices for the various disputes or disagreements with the CITY. No Contract items. No additional payment will be Work shall be delayed or postponed pending made therefore. resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension 6.27 EXCEPTIONS TO SPECIFICATIONS: and Termination of Work) or as CONTRACTOR and the CITY may otherwise agree in writing. 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CONTRACTOR'S GENERAL WARRANTY AND CITY's Procurement Services Division in writing GUARANTEE: prior to the expiration of the Bid question period. Failure to list any exceptions with the 6.25.1 CONTRACTOR warrants and guarantees to Procurement Services Division in writing prior to CITY and CONSULTANT that all work shall be in the end of the Bid question period means that accordance with the Contract Documents and the Bidder is complying 100% with the shall not be defective. That CONTRACTOR Specifications. All materials may be inspected by guarantees to repair, replace or otherwise make the CITY upon delivery for compliance with said good to the satisfaction of the CITY any defect in Specifications. Deviations from the workmanship or material appearing in the Work, Specifications shall be cause for the Bid to be and further guarantees the successful rejected as non-responsive unless the deviation performance of the Work for the service was approved prior to the submittal of bids. intended. 6.27.2 Any deletion, oversight or misstatement of these CONTRACTOR's warranty and guarantee Specifications shall not release the Bidder from hereunder excludes defects or damage caused full responsibility for unsatisfactory workmanship by: and/or materials, together with all appurtenances 6.25.1.1 Abuse, modification, or improper necessary for unrestricted operation, as GC -24 Boynton Beach Utilities — RE -BID Pipe Bursting Page 864 of 1360 6.28 6.29 6.30 6.31 6.32 Boynton Beach Utilities — RE -BID Pipe Bursting Page 865 of 1360 determined by the CITY in its sole discretion. 6.32.1 If the CONTRACTOR, delivers any toxic substance items as defined in the Code of SILENCE OF SPECIFICATIONS: Federal Regulations Chapter 29, it shall furnish to the CITY's Procurement Services Division, a 6.28.1 The apparent silence of any Specification as to Material Safety Data Sheet (MSDS). The any details, or the omission from the Material Safety Data Sheet shall be provided to Specifications of a detailed description the CITY with initial shipment and shall be concerning any point shall be regarded as revised on a timely basis as appropriate. The meaning that only the best commercial practices MSDS must include the following information: are to prevail and that materials of the first quality 6.32.1.1 The chemical name and the and correct type, size and design are to be used. common name of the toxic All workmanship is to be of first quality. substance. 6.32.1.2 The hazards or other risks in the use 6.28.2 Work not specified in the Specifications, but of the toxic substance to include: involved in carrying out their intent or in the 6.32.1.2.1 The potential for fire, complete and proper execution of the Work, is explosion, corrosion and required and shall be performed by the reactivity. CONTRACTOR as though it were specifically 6.32.1.2.2 The known acute and delineated or described. chronic health effects of risks from exposure, QUALITY: including the medical conditions which are 6.29.1 Items delivered as a result of award from this Bid generally recognized as shall be free of defects. Any item(s) not meeting being aggravated by this specification shall be replaced by the exposure to the toxic awarded Bidder/CONTRACTOR at no additional substance, and charge to the CITY. 6.32.1.2.3 The primary routes of entry and symptoms of CONDITIONS OF MATERIALS: overexposure. 6.30.1 All materials and products supplied by the 6.32.1.3 The proper precautions, handling CONTRACTOR in conjunction with this Bid shall practices, necessary personal be new, warranted for merchantability, ft for a protective equipment, and other particular purpose, free from defects and safety precautions in the use of or consistent with industry standards. The products exposure to the toxic substances shall be delivered to the CITY in excellent including appropriate emergency condition. In the event that any of the products treatment in case of overexposure. supplied to the CITY are found to be defective or do not conform to the Specifications, the CITY 6.32.1.4 The emergency procedure for spills, reserves the right to return the product to the fire, disposal and first aid. Bidder at no cost to the CITY. 6.32.1.5 A description in lay terms of the 6.30.2 The successful CONTRACTOR shall furnish all known specific potential health risks guarantees and warranties to the CITY's Project posed by the toxic substance Manager or designee prior to final acceptance intended to alert any person reading and payment. The warranty period shall this information. commence upon final acceptance of the product. 6.32.1.6 The year and month, if available, DISPOSAL: that the information was compiled and the name, address and 6.31.1 Before the CONTRACTOR disposes of any emergency telephone number of the existing improvements or equipment which is to manufacturer responsible for be removed as a portion of the Work, and for preparing the information. Any which disposition is not specifically provided for questions regarding this requirement elsewhere in these Specifications, it shall contact should be directed to: Department the CITY to determine if the removal items are to of Labor and Employment Security, be salvaged. Items to be salvaged by the CITY Bureau of Industrial Safety and shall be neatly stockpiled or stored in a neat and Health, Toxic Waste Information acceptable manner at the construction site easily Center, 2551 Executive Center accessible to the CITY. Equipment and Circle West, Tallahassee, FL. materials that shall not be salvaged by the CITY 32301-5014, Telephone: 1 -800 -367 - shall become the property of the CONTRACTOR 4378. to be removed from the Site and disposed in an acceptable manner, pursuant to local, state and 6.33 OCCUPATIONAL, SAFETY AND HEALTH ASSOCIATION federal laws and regulations. (OSHA) OCCUPATIONAL HEALTH AND SAFETY: 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall GC -25 Boynton Beach Utilities — RE -BID Pipe Bursting Page 865 of 1360 6.34 6.35 6.36 6.37 conform in all respects to the standards set forth authorities. in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this 6.37.2.3 The CONTRACTOR shall submit condition shall be considered as a breach of final application for payment to Contract. CONSULTANT and CITY's Project Manager identifying total adjusted CONDITIONS AND PACKAGING: contract sum, previous payments and sum remaining due. 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid 6.37.2.4 CITY may opt to occupy portions of shall be new (current production model at the completed facilities upon Substantial time of the Bid). All containers shall be suitable Completion of those portions of for storage or shipment, and all prices shall Work. include standard commercial packaging. 6.37.3 FINAL CLEANING UNDERWRITERS' LABORATORIES (UL): 6.37.3.1 The CONTRACTOR shall execute 6.35.1 Unless otherwise stipulated in the Bid, all final cleaning prior to final project manufactured items and fabricated assemblies assessment. shall be UL listed or re-examination tested where 6.37.3.2 The CONTRACTOR shall clean such item has been established by UL for the interior and exterior glass and items offered and furnished. surfaces exposed to view, remove temporary labels, stains and foreign ASBESTOS: substances, wax, clean and polish transparent and glossy surfaces, 6.36.1 CONTRACTOR shall not use any asbestos or vacuum carpet and soft surfaces. asbestos -based fiber materials in the Work 6.37.3.3 The CONTRACTOR shall clean performed under this Contract. equipment and fixtures to sanitary condition with cleaning materials per 6.36.2 If the CONTRACTOR during the course of the manufacturer's written Work observes the existence of asbestos in any recommendations. structure, building or facility, the CONTRACTOR 6.37.3.4 The CONTRACTOR shall replace shall promptly notify the CITY and the filters of operating equipment CONSULTANT. The CONTRACTOR shall not 6.37.3.5 The CONTRACTOR shall clean perform any Work pertinent to the asbestos debris from roofs, gutters, material prior to receipt of written notice with downspouts and drainage systems. special instructions from the CITY through the 6.37.3.6 Clean Site, The CONTRACTOR CONSULTANT. shall sweep paved areas, rake clean landscaped surfaces. CLOSE-OUT SUBMITTALS 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials, 6.37.1 SCOPE OF WORK: rubbish, and construction facilities 6.37.1.1 Close-out procedures from Site. 6.37.1.2 Final cleaning 6.37.3.8 The CONTRACTOR shall clean and 6.37.1.3 Adjusting sanitize water fountains (coolers). 6.37.1.4 Project record documents 6.37.3.9 The CONTRACTOR shall clean 6.37.1.5 As -built survey ledges, countertops, and shelves 6.37.1.6 Operation and maintenance data with all-purpose and non-abrasive 6.37.1.7 Spare parts and maintenance cleaners leaving no residue. products 6.37.1.8 Warranties and bonds 6.37.4 ADJUSTING 6.37.1.9 Maintenance service 6.37.4.1 The CONTRACTOR shall adjust 6.37.2 CLOSE-OUT PROCEDURES operating products and equipment to 6.37.2.1 The CONTRACTOR shall submit ensure smooth and unhindered written certification to the CITY and operations. CONSULTANT that the Contract Documents were reviewed, Work 6.37.5 PROJECT RECORD DOCUMENTS inspected and that Work is complete in accordance with Contract 6.37.5.1 CONTRACTOR shall maintain in Documents and ready for CITY's accordance with the Special Project Manager and Conditions in a safe place at the CONSULTANT's review. Site, one (1) record copy of all Drawings, Specifications, Addenda, 6.37.2.2 The CONTRACTOR shall provide Change Orders, Field Change submittals to CONSULTANT and Directives and written interpretations CITY's Project Manager that are and clarifications (issued pursuant to required by local, state and federal para. 9.4) in good order and GC -26 Boynton Beach Utilities — RE -BID Pipe Bursting Page 866 of 1360 annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. [:1 1� 8119q:L11110] .11N0&F.11lOil aor.1►[y01E1/.1i 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. manufacturer of the original component. 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project, pursuant to Florida Statutes § 255.40. 6.37.11 PRODUCTS: Boynton Beach Utilities — RE -BID Pipe Bursting Page 867 of 1360 6.37.11.1 APPROVED PRODUCTS: The 6.37.7 SPARE PARTS AND MAINTENANCE CONTRACTOR shall use only PRODUCTS: cleaning and maintenance products approved for use pursuant to local, 6.37.7.1 The CONTRACTOR shall provide state and federal laws and spare parts, maintenance and extra regulations. products in quantities specified in the Specifications to the CITY and 6.38 TEMPORARY BARRIERS AND ENCLOSURES: obtain receipt prior to final payment. 6.38.1 SCOPE OF WORK: 6.37.8 WARRANTIES: 6.38.1.1 The CONTRACTOR shall provide 6.37.8.1 The CONTRACTOR shall submit temporary barriers and enclosures to documentation as noted in individual provide construction work areas product specifications and as noted separate from Owner's on-going herein and Provide duplicate business operations. notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute 6.38.1.2 The CONTRACTOR shall protect and assemble transferrable warranty new work, existing facilities and documents from sub -contractors, grounds from damage, theft, suppliers and manufacturers. vandalism, and unauthorized entry. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a 6.38.1.3 The CONTRACTOR shall provide a Table of Contents and assemble in chain link fencing surrounding and D -size, 3 -ring white binders with separating areas under construction, typed title sheet of contents inside including areas for CONTRACTOR's durable plastic front cover. mobilization and parking separate 6.37.8.4 The CONTRACTOR shall submit from existing CITY facilities and on - above -referenced warranties to the going business activities. CITY prior to Final Application for Payment. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as 6.37.9 MAINTENANCE SERVICE: required to separate building area under construction that permits safe 6.37.9.1 The CONTRACTOR shall furnish and unobstructed exiting of partially service and maintenance of Owner occupied buildings. components indicated in specification sections for one-year 6.38.1.5 The CONTRACTOR shall provide from date of Substantial Completion. safety of construction workers and CITY staff and visitors located in 6.37.9.2 The CONTRACTOR shall examine, areas of CITY's facilities not under clean, adjust, and lubricate system renovation or construction. components as required for reliable operation. 6.38.1.6 The CONTRACTOR shall control dust, erosion and sediment, noise, 6.37.9.3 The CONTRACTOR shall include pollution, rodent and environmental systematic examination, adjustment, control. and lubrication of components repairing or replacing parts as 6.38.2 ENTRY CONTROL: required with parts produced by the GC -27 Boynton Beach Utilities — RE -BID Pipe Bursting Page 867 of 1360 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles 6.38.4 TEMPORARY FENCING: onto Project site and existing facilities in accordance with Special 6.38.4.1 Areas under construction including Conditions — 01540 and 01541 areas for CONTRACTOR's Security Procedures. mobilization and parking shall be separated from CITY facilities to 6.38.2.2 Prior to Project commencement, allow for ongoing activities. CONTRACTOR's on-site personnel shall meet with CITY's Project 6.38.4.2 The CONTRACTOR shall provide Manager to delineate areas for chain link fencing along construction CONTRACTOR's operations to zone boundaries. include storage, office trailers, parking, and lay -down areas. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to 6.38.2.3 Interruption of pre -approved entry the CITY and CONSULTANT for controls shall be coordinated with review and approval. The plan shall the CITY's Project Manager prior to comply with all applicable regulatory proposed interruption. code requirements including the latest edition of the Florida Building 6.38.2.4 The CONTRACTOR shall allow Code. entrance only to the Project site to authorized persons with proper 6.38.4..4 The CONTRACTOR shall provide identification. access gates required by code for CITY's and CONTRACTOR's 6.38.2.5 CONTRACTOR/CM shall post "No access to occupied portion of project Trespassing" and "Hard Hat Area" site and for construction access. signs along Project perimeter and at construction access points. "No 6.39 ENVIRONMENTAL CONTROLS: Trespassing" sign shall include statutory language that area is The CONTRACTOR shall: construction site and that trespassing and theft are felonies 6.39.1 Protect existing building and adjacent property and violators will be prosecuted. from dust produced by construction operations. "No Trespassing" sign shall include Use encapsulating or wetting devices to control name of CONTRACTOR/CM. "No moisture content of traffic and construction Trespassing" signs shall not be areas. larger than 24" (600mm) by 24" (600mm). "Hard Hat Area" sign shall 6.39.2 Control surface drainage to prevent off-site not be larger than 12" (300mm) by discharge or pollutants and prevent erosion and 12" (600mm). sedimentation. 6.38.3 DEMISINGWALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance, dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead, the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding, plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. GC -28 Boynton Beach Utilities — RE -BID Pipe Bursting 6.39.3 Provide berms, dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site. CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8.1 Comply with Section 2.10 "Submittal Procedures" 6.39.8.2 Submit site plan and floor plans indicating locations and material Page 868 of 1360 6.40 construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six (6) foot high, minimum ten (10) gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six (6) foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8" C/D plywood sheets, pressure treated or other means of weather protection, with 2 x 4 wood framing at edges and 24" maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall: 5/8" C/D plywood sheets, 2 x 4 wood framing at 24" maximum spacing, and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection: Metal scaffolding with 3/" B/C plywood or 2" x 12" wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four (74) miles per hour. SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project, mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff, sub -contractors and vendors on Site shall wear identification badges at all times. GC -29 Boynton Beach Utilities — RE -BID Pipe Bursting 6.40.4.2 Identification badges shall be current at time of Project and shall be re - verified and re -issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10 "Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase, substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase, substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub -Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers, as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that Page 869 of 1360 review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for 6.41.5.2 CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission, identify all changes made since 6.41.5.3 previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten (10) calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples, constructed, applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for GC - 30 Boynton Beach Utilities — RE -BID Pipe Bursting 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements, confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering Page 870 of 1360 accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. 6.41.5.4 Coordinate space requirements, supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes, ducts and conduits as closely as practicable, place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance, and for repairs. 6.41.5.6 Within finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements, confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering Page 870 of 1360 services and establish elevations, lines and such proper execution and results of levels, utilizing recognized engineering survey CONTRACTOR's work. CONTRACTOR's practices. failure to report shall constitute an acceptance of the other contractor's work as ft and proper for 6.42.5 CONTRACTOR shall submit copy of site drawing integration with CONTRACTOR's work except and certificate signed by the Land Surveyor that for latent defects and deficiencies in the other the elevations and locations of the Work are in contractor's work. conformance with the Contract Documents. 7.2 COORDINATION: ARTICLE 7 — OTHER WORK 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the 7.1 RELATED WORK AT SITE: Site, the person or organization who shall have authority and responsibility for coordination of the 7.1.1 The CITY may perform other work related to the activities among the various prime contractors Project at the Site pursuant to other direct shall be identified in the Special Conditions and contracts therefor which shall contain General the specific matters to be covered by such Conditions similar to these. If the fact that such authority and responsibility shall be itemized, and other work is to be performed was not noted in the extent of such authority and responsibilities the Contract Documents, written notice thereof shall be provided in the Special Conditions. shall be given to CONTRACTOR prior to starting Unless otherwise provided in the Special any such Other Work, and if CONTRACTOR Conditions, neither the CITY nor the believes that such performance shall involve CONSULTANT shall have any authority or additional time and the parties are unable to responsibility in respect of such coordination. agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article ARTICLE 8 — THE CITY'S RESPONSIBILITIES 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract 8.1 COMMUNICATIONS TO CONTRACTOR: Documents, no additional adjustment of time or compensation shall be considered. 8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to 7.1.2 CONTRACTOR shall afford the CITY and other CONSULTANT. contractors who are party to such a direct contract (or the CITY, if the CITY is performing 8.2 FURNISH DATA: the additional work with the CITY's employees) proper and safe access to the Site and a 8.2.1 CITY shall promptly furnish the data required of reasonable opportunity for the introduction and the CITY under the Contract Documents. storage of materials and equipment and the execution of such work, and shall properly 8.3 PAYMENTS: connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all 8.3.1 CITY shall make payments to CONTRACTOR cutting, fitting and patching of the Work that may promptly when they are due as provided in be required to make its several parts come Section 14.5 (Review of Application for Progress together properly and integrate with such other Payment) and Section 14.10 (Final Payment and work. CONTRACTOR shall not endanger any Acceptance) of the General Conditions. work of other contractors by cutting, excavating or otherwise altering other contractor's work and 8.4 LANDS, EASEMENTS: REPORTS AND TESTS: shall only cut or alter other contractor's work with the written consent of the CITY and 8.4.1 The CITY's duties in respect to providing lands CONSULTANT and the other contractors whose and easements and providing engineering work shall be affected. The duties and surveys, if available and to establish reference responsibilities of CONTRACTOR under this points are set forth in paragraphs 4.11 paragraph are for the benefit of the CITY and (Availability of Land) and 4.5.1 (Reference other contractors to the extent that there are Points) of the General Conditions. comparable provisions for the benefit of CONTRACTOR in such direct contracts between 8.4.2 The CITY shall identify and make available to the CITY and other contractors. CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing 7.1.3 If any part of CONTRACTOR's work depends for structures that have been utilized in preparing proper execution for results upon the work of any the Contract Documents as set forth in such other contractor, other than Paragraph 4.2 (Report of Physical Conditions). CONTRACTOR's own SubContractor, CONTRACTOR shall inspect and promptly 8.5 CHANGE ORDERS: report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor's 8.5.1 The CITY shall execute Change Orders as work that render it unavailable or unsuitable for provided in Article 10 (Changes in the Work) of GC -31 Boynton Beach Utilities — RE -BID Pipe Bursting Page 871 of 1360 the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work), Paragraph 15.1 (CITY May Suspend Work)., Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9 — CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT (if specifically designated), or a specifically designated employee of the CITY, shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final, if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications, and 9.1.3.2 Schedule and conduct pre - construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall GC -32 Boynton Beach Utilities — RE -BID Pipe Bursting also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR, and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities, and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work, the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations, as an experienced and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents, inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CITY may determine necessary, which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.5 MEASUREMENTS: Page 872 of 1360 9.6 Nil 9.8 9.9 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT, CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final inspection). The CONSULTANT, CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated, installed or completed. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples) of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment, etc. shall be pursuant to Article 14 (Payment to Contractor and Completion) of the General Conditions. DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless, within ten (10) days after the date of any such decision, the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. DECISIONS ON DISPUTES 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and GC - 33 Boynton Beach Utilities — RE -BID Pipe Bursting evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies) to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence, unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal (unless the CITY's Project Manager and CONSULTANT allow additional time). CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The CITY's Project Manager's written decision, on such claim, dispute, or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16 (Dispute Resolution), or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten (10) days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by CITY and CONTRACTOR. Page 873 of 1360 9.10 9.11 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices), 9.9.1 and 9.9.2 (Dispute Resolution) with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in respect of any such claim, dispute or other matter pursuant to Article 16. INSPECTION AND TESTING 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re -testing. LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR, any SubContractor, any Supplier or any other person or organization performing any of the Work, or to any surety. 9.11.2 Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of the CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General GC -34 Boynton Beach Utilities — RE -BID Pipe Bursting Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 — CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety, the CITY may at any time order additions, deletions or revisions in the Work, these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order, a claim may be made therefor as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (References to Standards) except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies) or except in the case of uncovering Work as provided in Paragraph 13.4.2 (Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes In the Work) or are required because of acceptance of defective Work under Paragraph 13.9, or are agreed by the parties. Page 874 of 1360 Page 875 of 1360 10.3.1.2 Changes in the Contract Price or after such occurrence and shall be accompanied Contract Time which the parties by claimant's written statement that the amount agree to. claimed covers all known amounts (direct, 10.3.1.3 Changes in Contract Price or indirect and consequential) to which the claimant Contract Time which embody the is entitled as a result of the occurrence of such substance of any written decision event. All claims for adjustment in the Contract rendered by CONSULTANT Price shall be determined by CITY and pursuant to Paragraph 9.9.1 CONSULTANT in accordance with Paragraph (Decisions on Disputes), provided 9.8.1, if the CITY and CONTRACTOR cannot that, in lieu of executing any such otherwise agree on the amount involved. Any Change Order, an appeal may be claim for an adjustment in the Contract Price taken from any such decision in shall not be waived if not submitted in accordance with the provisions of accordance with this Paragraph 11.1.2. the Contract Documents and applicable laws and regulations, but 11.1.3 The value of any Work covered by a Change during any such appeal, Order or of any claim for an increase or decrease CONTRACTOR shall carry on the in the Contract Price shall be determined in one Work and adhere to the progress of the following ways: schedule as provided in Paragraph 11.1.3.1 Where the Work involved is covered 6.24.1. by unit prices contained in the Contract Documents by application 10.3.2 Surety: It is distinctly agreed and understood of unit prices to the quantities of the that any changes made in the Contract items involved (subject to provisions Documents for this Work (whether such changes of Section 11.5. (Unit Price Work) increase or decrease the amount thereof) or any inclusive). change in the manner or time of payments or 11.1.3.2 By mutual acceptance of a lump time of performance made by the CITY to the sum (which shall include an CONTRACTOR shall in no way annul, release or allowance for overhead and profit in affect the liability and surety on the Bonds given accordance with Paragraph by the CONTRACTOR. If notice of any change 11.3.1.2a (Contractor's Fee). affecting the general scope of the Work or the 11.1.3.3 On the basis of the Cost of the Work provisions of the Contract Documents (including, (determined as provided in Section but not limited to Contract Price or Contract 11.2, inclusive) plus a Time) is required by the provisions of any Bond CONTRACTOR's fee for overhead to be given to a Surety, the giving of any such and profit) determined as provided in notice shall be the CONTRACTOR's Section 11.3, Contractor's Fee, responsibility, and the amount of each applicable inclusive. Bond shall be adjusted accordingly. 11.2 COST OF THE WORK: 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all 11.2.1 General: The term Cost of the Work means the change orders involving additional cost or sum of all costs necessary incurred and paid by extensions of time, shall be governed pursuant to CONTRACTOR in the proper performance of the the ordinances of the CITY. Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in ARTICLE 11 — CHANGE OF CONTRACT PRICE amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any 11.1 GENERAL payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 11.1.1 The Contract Price constitutes the total thru 11.2.6 and shall not include any of the costs compensation (subject to authorized itemized in Paragraph 11.2.7 (Exclusions to Cost adjustments) payable to CONTRACTOR for of the Work). performing the Work. All duties, responsibilities and obligations assigned to or undertaken by 11.2.2 Labor: The term Cost of the Work includes CONTRACTOR shall be at its expense without payroll costs for employees in the direct employ change in the Contract Price. of CONTRACTOR in the performance of the Work under schedules of job classifications 11.1.2 The Contract Price may only be changed by a including the expenses of performing work after Change Order. Any claim for an increase or regular hours on Saturday, Sunday and legal decrease in the Contract Price shall be based on holidays, agreed upon by the CITY and written notice delivered by the party making the CONTRACTOR. Payroll costs for employees not claim to the other party and to CONSULTANT employed full time on the Work shall be promptly (not later than ten (10) days) after the apportioned on the basis of their time spent on occurrence of the event giving rise to the claim the Work. Payroll costs shall include, but not and stating the general nature of the claim. limited to, salaries and wages plus the cost of Notice of the amount of the claim with supporting fringe benefits which shall include social security data shall be delivered within thirty (30) days contributions, unemployment, excise and payroll GC - 35 Boynton Beach Utilities — RE -BID Pipe Bursting Page 875 of 1360 taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment: The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee, the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work, and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof — in accordance with terms of such rental agreements. The rental of any such equipment, machinery or parts shall cease GC -36 Boynton Beach Utilities — RE -BID Pipe Bursting when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor) or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants) — all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices, including principal and branch offices, other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.2.61 above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs, i.e. where worker hours exceed a typical 8 -hour day and 40 - hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of Page 876 of 1360 11.3 11.4 any item not specifically and expressly included in Section 11.2 (Cost of the Work). CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee, or if none can be agreed upon, 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2 (Labor) and 11.2.3 (Materials and Equipment) the CONTRACTOR's fee shall be five (5%) percent. b. For costs incurred under Paragraph 11.2.4 (Subcontractors), the CONTRACTOR's fee shall be five (5%) percent, and if a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five (5%) percent. C. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs) and 11.2.7 (Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten (10%) percent of the net decrease, and e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a) through 11.3.1.2(4) inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT, an itemized breakdown together with supporting data. ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall GC - 37 Boynton Beach Utilities — RE -BID Pipe Bursting Cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY, CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment, an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemed to include for all Unit Price Work, an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work, times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8 — Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work, and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price, if the parties are unable to agree Page 877 of 1360 1191 as to the amount of any such increase 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the Contract Price in accordance with Article 11 — Change in Contract Price if the parties are unable to agree as to the amount of any decrease. 11.6.1 The CITY may at any time, by written order, without Notice to the Sureties, require omission of such contract Work as it may find necessary or desirable. An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices, or rates for work of a similar nature or character as set forth in the Contract, or 11.6.1.2 By the appropriate lump sum price set forth in the Contract, or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. ARTICLE 12 — CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice to the extent of the claim with supporting data shall be delivered within seven (7) days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. GC -38 Boynton Beach Utilities — RE -BID Pipe Bursting 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) that, in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY, acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 — Related Work at Site, fires, floods, epidemics, or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather (i.e. beyond the 10 -year mean average) shall be the made within ten (10) days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both CITY and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to Page 878 of 1360 CONTRACTOR, and SubContractor, any $11,000,001 to $2,400 supplier, any other person or organization, or to $12,000,000 any surety or employee or agent of any of them, $12,000,001 and $2,500 for damages arising out of or resulting from (i) over delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control For each day that expires after the time specified of both parties including but not limited to fires, in Paragraph 2.3 - Notice to Proceed, for floods, epidemics, abnormal weather conditions, Substantial Completion until the Work is acts of God or acts of neglect by utility owners or substantially complete. other contractors performing work as contemplated by Article 7 - Related Work at Site. 12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the 12.2 LIQUIDATED DAMAGES remaining Work within the Contract Time or any proper extension thereof granted by the CITY, 12.2.1 The CITY and CONTRACTOR recognize and CONTRACTOR shall pay CITY: acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial LIQUIDATED loss if the Work is not completed within the times BASE BID DAMAGES PER specified in Paragraph 2.3 - Notice to Proceed DAY plus any extensions thereof allowed in $1,000 to $20,000 $25.00 accordance with Article 12 - Change of Contract $20,001 to $75,000 $50.00 Time. Each of the parties acknowledge that it $75,001 to $125.00 has attempted to quantify the damages which $150,000 would be suffered by CITY in the event of the $150,001 to $187.50 failure of CONTRACTOR to perform in a timely $350,000 manner, but neither one has been capable of $350,001 to $200.00 ascertaining such damages with any certainty. $750,000 CITY and CONTRACTOR also recognize and $750,001 to $250.00 acknowledge the delays, expenses and $1,000,000 difficulties involved in providing proof of such $1,000,001 to $300.00 damages in a legal proceeding, the actual loss $2,000,000 suffered by the CITY if the Work is not completed $2,000,001 to $370.00 on time. Accordingly, instead of requiring any $3,000,000 such proof, the CITY and CONTRACTOR agree $3,000,001 to $400.00 that as liquidated damages for delay (but not as $4,000,000 a penalty) CONTRACTOR shall pay the CITY: $4,000,001 to $425.00 LIQUIDATED $5,000,000 BASE BID DAMAGES $5,000,001 to $450.00 PER DAY $6,000,000 $1,000 to $20,000 $100 $6,000,001 to $475.00 $20,001 to $75,000 $200 $7,000,000 $75,001 to $150,000 $500 $7,000,001 to $500.00 $150,001 to $750 $8,000,000 $350,000 $8,000,001 to $525.00 $350,001 to $800 $9,000,000 $750,000 $9,000,001 to $550.00 $750,001 to $1,000 $10,000,000 $1,000,000 $10,000,001 to $575.00 $1,000,001 to $1,200 $11,000,000 $2,000,000 $11,000,001 to $600.00 $2,000,001 to $1,500 $12,000,000 $3,000,000 $12,000,001 and $625.00 $3,000,001 to $1,600 over $4,000,000 $4,000,001 to $1,700 For each day that expires after the time specified in $5,000,000 Paragraph 2.3 - Notice to Proceed. $5,000,001 to $1,800 $6,000,000 12.2.3 This sum is not a penalty. The CITY reserves the $6,000,001 to $1,900 right to additionally recover direct job site $7,000,000 expenses, including CONSULTANT's expenses $7,000,001 to $2,000 incurred during the period of any delay. The $8,000,000 CONTRACTOR shall be liable for liquidated $8,000,001 to $2,100 damages even if the Contract is terminated by $9,000,000 the CITY for cause or if the CONTRACTOR $9,000,001 to $2,200 abandons the Work. The liability of the $10,000,000 CONTRACTOR and its surety or sureties for $10,000,001 to $2,300 damages provided by this Article is joint and $11,000,000 several. GC - 39 Boynton Beach Utilities - RE -BID Pipe Bursting Page 879 of 1360 12.3 REIMBURSEMENT OF CONSULTANT EXPENSES CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or 12.3.1 Should the completion of this Contract be testing required in connection with the CITY's or delayed beyond the specified or adjusted time CONSULTANT's acceptance of supplier of limit, CONTRACTOR shall reimburse the CITY materials or equipment proposed to be for all expenses of consulting and inspection incorporated in the Work, or of materials or incurred by the CITY during the period between equipment submitted for approval prior to said specified or adjusted time and the actual CONTRACTOR's purchase thereof for date of final completion. All such expenses for incorporation in the Work. consulting and inspection incurred by the CITY will be charges to CONTRACTOR and be 13.3.3 All inspections, tests or approvals other than deducted from payments due CONTRACTOR as those required by federal, state, or local laws or provided by this Contract. Said expenses shall regulations shall be performed by organizations be further defined as CONSULTANT charges acceptable to the CITY and CONSULTANT. associated with the construction contract administration, including resident project 13.3.4 If any work (including the work of others) that is representative costs. to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it ARTICLE 13 — TESTS AND INSPECTIONS, CORRECTION, REMOVAL must, if requested by CONSULTANT, be OR ACCEPTANCE OF DEFECTIVE WORK uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely 13.1 NOTICE OF DEFECTS: written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not 13.1.1 Prompt notice of all defects for which CITY or acted with reasonable promptness in response CONSULTANT have actual knowledge shall be to such notice. given to CONTRACTOR. All defective Work, whether or not completed, may be rejected, 13.3.5 Observations by CITY, CONSULTANT corrected or accepted as provided in Article 13 — inspections or tests or approvals by others shall Tests and Inspections: Correction, Removal or not relieve CONTRACTOR from Acceptance of Defective Work. CONTRACTOR's obligation's to perform the Work in pursuant to the Contract 13.1.2 Unremedied defects identified for correction Documents. during the guarantee period but remaining after its expiration shall be considered as part of the 13.3.6 General: For tests specified to be made by the obligations of the guarantee. Defects in material, CONTRACTOR, the testing personnel shall workmanship or equipment which are remedied make the necessary inspections and tests, the as a result of obligations of the guarantee, shall testing work and testing report thereof shall be in subject the remedied portion of the Work to an such form as will facilitate checking to determine extended guarantee period of one (1) year after compliance with the Contract Documents. Five the defect has been remedied. The Surety shall (5) copies of the report shall be submitted and be bound with and for the CONTRACTOR in the authoritative certification thereof must be CONTRACTOR's observance of the guarantee. furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.2 ACCESS TO WORK: 13.3.7 If, in the making of any test of any material or 13.2.1 CONSULTANT's and CONSULTANT's equipment, it is ascertained by the representatives, other representatives of the CONSULTANT that the material or equipment CITY, testing agencies and governmental does not comply with the Contract Documents, agencies with jurisdictional interests shall have the CONTRACTOR will be notified thereof and it access to the Work at reasonable times for their will be directed to refrain from delivering such observation, inspecting and testing. material or equipment, or to remove it promptly CONTRACTOR shall provide proper and safe from the Site or from the Work and replace it with conditions for such access. acceptable material, without cost to the CITY. 13.3 TESTS AND INSPECTIONS: 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in 13.3.1 CONTRACTOR shall give CONSULTANT timely accordance with the recognized test codes. notice of readiness of the Work for all required inspections, tests or approvals. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by 13.3.2 If any federal, state or local laws and regulations the CONTRACTOR, unless otherwise expressly require any Work (or part thereof) to specifically specified. be inspected, tested or approved, CONTRACTOR shall assume full responsibility 13.3.10 Materials and equipment submitted by the therefore pay all costs in connection therewith, CONTRACTOR as the equivalent of those and furnish CONSULTANT the required specifically named in the Contract may be tested certificates of inspection, testing or approval. by the CITY for compliance. The GC -40 Boynton Beach Utilities — RE -BID Pipe Bursting Page 880 of 1360 13.4 CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall 13.5 furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests: As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials and instruments and shall make start-up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable. UNCOVERING WORK 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT's request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and if the parties are unable to agree as to the amount or extent thereof, GC -41 Boynton Beach Utilities — RE -BID Pipe Bursting 1911: 13.7 CONTRACTOR may make a claim therefore as provided in Article 11 — Change in Contract Price and Article 12 — Change in Contract Time in the General Conditions. CITY MAY STOP THE WORK: 13.5.1 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by CONSULTANT, remove it from the Site and replace with non -defective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply, the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR, or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. ONE-YEAR CORRECTION PERIOD 13.7.1 If within one (1) year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal, state or local laws and regulations, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with Page 881 of 1360 the CITY's written instructions, either correct such defective Work, or if it has been rejected by the CITY, remove it from the Site and replace it with non -defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Paragraph 13.7 — "One Year Correction Period", the correction period hereunder with respect to such Work shall be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers, architects, attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11 — Change of Contract Price. If acceptance occurs after such recommendation, CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: GC -42 Boynton Beach Utilities — RE -BID Pipe Bursting 13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY's Representative agents and employees, such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct, indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. The CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefore as provided in Article 11 — Change of Contract Price. Such direct, indirect and inconsequential costs shall include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs, and all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION: IgBill IW 7NE/1ILI] 14.1.1 The schedule of values established as provided in Paragraph 2.9 — Finalizing Schedules, shall serve as the basis for progress payments and shall be incorporated into a form of Application Page 882 of 1360 14.2 14.3 Boynton Beach Utilities — RE -BID Pipe Bursting Page 883 of 1360 for Payment acceptable to CITY and by Change Order Number, and description, as CONSULTANT. for an original component item of work. UNIT PRICE BID SCHEDULE 14.3.4 As provided for in the Application for Payment (AFP) form, the CONTRACTOR shall certify for 14.2.1 Progress payments on account of Unit Price each current pay request that all previous Work shall be based on the number of units progress payments received from the CITY, completed. under this Contract have been applied by the CONTRACTOR to discharge in full all obligations 14.2.2 The quantities for payment under this Contract of the CONTRACTOR in connection with Work shall be determined by actual measurement of covered by prior Application for Payment (AFP), the completed items in place, ready for service and all materials and equipment incorporated and accepted by the CITY, in accordance with into the Work are free and clear of all liens, the applicable method of measurement therefore claims, security interest and encumbrances. contained pursuant to these General Conditions. CONTRACTOR shall attach to each Application for Payment (AFP) like obligation discharge 14.2.3 The CONTRACTOR shall receive and accept the affidavits by all subcontractors. compensation provided in the Bid and the Contract documents as full payment for 14.4 CONTRACTOR'S WARRANTY OF TITLE: furnishing all materials, labor, tools and equipment for performing all operations 14.4.1 The CONTRACTOR warrants and guarantees necessary to complete the Work under the that title to all Work and equipment covered by Contract and also in full payment for all loss or an Application for Payment, whether damages arising from the nature of the Work or incorporated in the Project or not, shall have from any discrepancy between the actual passed to the CITY prior to the making of an quantities of Work and quantities herein Application for Payment, free and clear of all estimated by the CONSULTANT, or from the liens, claims, security interests and action of the elements or from any unforeseen encumbrances (hereafter in these General difficulties which may be encountered during the Conditions referred to as "Liens"), and that no prosecution of the Work until final acceptance by work or equipment covered by an Application for the CITY. Payment shall have been acquired by the CONTRACTOR or by any other party performing 14.2.4 The prices stated in the Bid include all costs and the Work at the Site or furnishing equipment for expenses for taxes, labor, equipment, materials, the Project, subject to an agreement under which commissions, transportation charges and an interest therein or encumbrances thereon is expenses, patent fees and royalties, labor for retained by the seller of such products or handling materials during inspection, together otherwise imposed by the CONTRACTOR or with any and all other costs and expenses for such other person. performing and completing the Work as shown on the Drawings and specified herein. The basis 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: of payment for an item at the unit price stated in the Bid shall be in accordance with the 14.5.1 CONSULTANT shall, within ten (10) days after description of that item. receipt of each Application for Payment, either indicate in writing, a recommendation of payment APPLICATION FOR PAYMENTS: and present the Application to the CITY, or return the Application to CONTRACTOR 14.3.1 Unless otherwise prescribed by federal, state or indicating in writing CONSULTANT's reasons for local law, at the end of each calendar month, refusing to recommend payment. In the latter the CONTRACTOR shall submit to the case, CONTRACTOR may make necessary CONSULTANT for review, an Application for corrections and resubmit the Application. Thirty Payment (AFP) filled out and signed by the (30) days after receipt of the Application for CONTRACTOR, covering the Work completed Payment by the CITY with CONSULTANT's as of the date of the Application and recommendation, the amount recommended accomplished by such supporting documentation shall (subject to the provisions of the last pursuant to the Contract Documents. sentence of paragraph 14.5.4) become due and when due shall be timely paid by the CITY to 14.3.2 The Net Payment Due to the CONTRACTOR CONTRACTOR. shall be the above-mentioned subtotal from which shall be deducted from the amount of 14.5.2 CONSULTANT's recommendation of any retainage specified in the Contract, and the total payment requested in the Application for amount of all previous approved Applications for Payment shall not prohibit the CITY from Progress Payment submitted by withholding payment or prohibit the CITY from CONTRACTOR. Retainage shall be calculated paying additional sums regarding other matters based upon the above-mentioned sub -total. or issues between the parties. 14.3.3 The CONTRACTOR shall list each Change 14.5.3 CONSULTANT's recommendation of final Order executed prior to date of submission, at payment shall constitute a representation by the end of the continuation sheets and shall list CONSULTANT to the CITY that the conditions GC -43 Boynton Beach Utilities — RE -BID Pipe Bursting Page 883 of 1360 14.6 Boynton Beach Utilities — RE -BID Pipe Bursting Page 884 of 1360 precedent to CONTRACTOR's being entitled to 14.6.1 When the CONTRACTOR considers the entire final payment as set forth in Paragraph 14.10, Work ready for its intended use, the Final Payment and Acceptance, have been CONTRACTOR shall notify the CITY and the fulfilled. CONSULTANT in writing that the Work is substantially complete and request that the 14.5.4 CONSULTANT may refuse to recommend in CONSULTANT prepare a Certificate of whole or any part of any payment if, in Substantial Completion. CONSULTANT's opinion, it would be incorrect to make such representations to the CITY. The 14.6.2 The CITY, the CONSULTANT and the CONSULTANT may also refuse to recommend CONTRACTOR shall make an inspection of the any such payment, or, because of subsequently Work within fifteen (15) calendar days after discovered evidence or the results of subsequent notice from the CONTRACTOR that the Work is inspections or tests, nullify any such payment substantially complete to determine the status of previously recommended, to such extent as may completion. If the CONSULTANT does not be necessary in CONSULTANT's opinion to consider the Work substantially complete, the protect the CITY from loss, including but not CONSULTANT shall notify the CONTRACTOR limited to: in writing giving the reasons therefor. If the 14.5.4.1 The Work is defective or completed CONSULTANT considers the Work to be Work has been damaged requiring substantially complete, the CONSULTANT shall correction or replacement. prepare and deliver to the CITY for its execution 14.5.4.2 The Contract Price has been and recordation, the Certificate of Substantial reduced by a Written Amendment or Completion, signed by the CONSULTANT and Change Order. CONTRACTOR, which shall affix the Date of 14.5.4.3 The CITY has been required to Substantial Completion. correct defective Work or complete Work pursuant to Paragraph 13.9, or 14.6.3 The CITY shall have the right to exclude 14.5.4.4 The CONSULTANT's actual CONTRACTOR from the Work after the date of knowledge of the occurrence of any Substantial Completion, but the CITY shall allow of the events enumerated in CONTRACTOR reasonable access to complete Paragraphs 15.2.1 through 15.2.1.9 or correct items on the "punch list", pursuant to inclusive (CITY May Terminate). Paragraph 14.12 of the General Conditions. 14.5.5 The CITY may refuse to make payment of the full 14.7 PARTIAL UTILIZATION: amount recommended by the CONSULTANT because claims have been made against the 14.7.1 The CITY shall have the right to enter the CITY on account of CONTRACTOR's premises for the purpose of doing work not performance or furnishing of the Work, or there covered by the Contract Documents. This are other items entitling the CITY to credit provision shall not be construed as relieving the against the amount recommended but the CITY CONTRACTOR of the sole responsibility for the must give CONTRACTOR written notice (with a care and protection of the Work, or the copy to CONSULTANT) stating the reasons for restoration of any damaged work except such as such action. Reasons the CITY may refuse to may be caused by agent or employees of the make payment include but are not limited to: CITY. 14.5.6 The Work for which payment is requested cannot 14.7.2 Prior to Substantial Completion, the CITY, with be verified by the CITY. the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use 14.5.7 Claims or Liens have been filed against the CITY any completed or substantially completed portion relating to the Project or there is reasonable of the Work. Such use shall not constitute an evidence indicating the probable filing thereof. acceptance of such portions of the Work. 14.5.8 Upon unsatisfactory obligation of the Work, 14.7.3 Use by the CITY of any finished part of the Work, including failure to clean up as required. which has specifically been identified in the Contract Documents, or which the CITY, 14.5.9 Upon CONTRACTOR's persistent failure to CONSULTANT, and CONTRACTOR agree cooperate with other contractors on the Project constitutes a separately functioning and usable and persistent failure to carry out the Work in part of the Work that can be used by the CITY accordance with the Contract Documents. without significant interference with CONTRACTOR's performance of the remainder 14.5.10 Upon liquidated damages payable by the of the Work, may be accomplished prior to CONTRACTOR, or Substantial Completion of all Work subject to the following: 14.5.11 Upon any other violation of, or failure of 14.7.3.1 The CITY at any time may request CONTRACTOR to comply with, the provisions of CONTRACTOR in writing to permit the Contract Documents. the CITY to use any such part of the Work which the CITY believes to be SUBSTANTIAL COMPLETION: ready for its intended use and substantially complete. If GC -44 Boynton Beach Utilities — RE -BID Pipe Bursting Page 884 of 1360 CONTRACTOR agrees, CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that 14.8 Part of the Work. Within fifteen (15) days after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part 14.9 of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time, request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15) days thereafter, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate 14.10 operation by the CITY, CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that GC -45 Boynton Beach Utilities — RE -BID Pipe Bursting part of the Work which shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents (as provided in Paragraph 14.6, Substantial Completion) and other documents- all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to CITY) of all Liens arising out of or filed in connection with the Work. FINAL PAYMENT AND ACCEPTANCE. 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation, the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper, and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and Page 885 of 1360 14.11 experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears, to the best of the CONSULTANT's knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY, the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, or as may be lawfully retained, including but not limited to, Liquidated Damages, as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty (30) days after approval by the CITY of the Application for Final Payment, the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract GC -46 Boynton Beach Utilities — RE -BID Pipe Bursting Documents or the Performance and Payment Bonds, and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. iLif��1O1[17:1169��:AZIlg11O:�x.9i As per Florida Statutes § 218.735(7)(a)(ii), punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows: 14.12.1 Within fifteen (15) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist ("Punchlist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough. At its option, CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself, or thereafter for a period of thirty (30) days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty (30) days following the scheduled Substantial Completion Walkthrough, CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist) and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty (30) days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes § 218.735(7)(d) until the CONTRACTOR considers the Final Punchlist to be 100% complete. Page 886 of 1360 14.13 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty (30) days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100% complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150% of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes § 218.735(7)(4), CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity, but rather total costs are based upon the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion. REDUCTION OF RETAINAGE PROCEDURES 14.13.1 CONTRACTOR may request a reduction of retainage pursuant to Florida Statutes § 218.735(7)(4). The term "Fifty Percent Completion" as stated in Florida Statutes § 218.735(7)(8)(b) shall be defined as follows in lieu of any other definition: 14.13.1.1 "Fifty Percent Completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which shall remain in place subsequent to final completion of the Work have been completed, based upon the Schedule of Values contained in the Contract. As such, and by way of example, the value of CONTRACTOR's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work, do not apply to the determination of "Fifty Percent Completion" of the Work for purposes of establishing entitlement to a reduction of GC -47 Boynton Beach Utilities — RE -BID Pipe Bursting retainage 14.13.2 With regard to any contract for construction services, the CITY may withhold from each progress payment made to the CONTRACTOR an amount not exceeding ten (101/o) percent of the payment as retainage until fifty (50%) completion of such services. 14.13.3 After fifty (50%) percent completion of the construction services, pursuant to the Contract, the CITY must reduce to five (5%) percent the amount of retainage withheld from each subsequent progress payment made to the CONTRACTOR. For purposes of this subsection, the term "Fifty (501/o) percent completion" has the meaning set forth in the Contract between local governmental entity and the CONTRACTOR or, if not defined in the Contract, the point at which the local governmental entity has expended fifty (50%) of the total cost of the construction services as identified in the Contract, together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in the Contract. 14.13.4 After fifty (50%) completion of the construction services purchased pursuant to the Contract, the CONTRACTOR may elect to withhold retainage for payments to its subcontractors at a rate higher than five (5%) percent. The specific amount to be withheld must be determined on a case-by-case basis and must be based on the CONTRACTOR's assessment of the subcontractor's past performance, the likelihood that such performance will continue, and the CONTRACTOR's ability to rely on other safeguards. The CONTRACTOR shall notify the subcontractor, in writing, of its determination to withhold more than five (5%) of the progress payment and the reasons for making that determination and the CONTRACTOR may not request the release of such retained funds from the CITY. 14.13.5 After fifty (50%) percent completion of the construction services purchased pursuant to the Contract, the CONTRACTOR may present to the CITY a payment request for up to one-half (1/2) of the retainage held by the CITY. The CITY shall promptly make payment to the CONTRACTOR, unless the CITY has grounds, pursuant to paragraph (f), for withholding the payment of retainage. If the CITY makes payment of retainage to the CONTRACTOR under this paragraph which is attributable to the labor, services or materials supplied by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.6 This section does not prohibit the CITY from withholding retainage at a rate less than ten (10%) percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a Page 887 of 1360 portion of any retainage withheld by the CITY which is attributable to the labor, services, or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor, services, or materials supplies by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. Page 888 of 1360 15.2 CITY MAY TERMINATE FOR CAUSE: 14.13.7 This section does not require the CITY to pay or release any amounts that are subject of a good 15.2.1 Upon the occurrence of any one or more of the faith dispute, the subject of a claim brought following events: pursuant to Florida Statutes § 255.05 or 15.2.1.1 If CONTRACTOR commences a otherwise the subject of a claim or demand by voluntary case under any chapter of the CITY or CONTRACTOR. the Bankruptcy Code (Title 11, United States Code), as now or 14.13.8 The time limitations set forth in this section for hereafter in effect, or if payment requests, apply to any payment request CONTRACTOR takes any for retainage made pursuant to this section. equivalent or similar action by filing a petition or otherwise under any other 14.13.9 Paragraphs 14.13.2 through 14.13.6 do not federal or state law in effect at such apply to construction services purchased by the timing relating to CONTRACTOR's CITY which are paid for, in whole or in part, with bankruptcy or insolvency, federal funds and are subject to federal grantor 15.2.1.2 If a petition is fled against laws and regulations or requirements that are CONTRACTOR under any chapter contrary to any provision of the Local of the Bankruptcy Code (Title 11, Government Prompt Payment Act. United States Code) as now or hereafter in effect at the time of 14.13.10 This subsection does not apply to any filing, or if a petition is filed seeking construction services purchased by the CITY any such equivalent or similar relief if the total cost of the construction services against CONTRACTOR under any as identified in the contract is $200,000 or other federal or state law in effect at less. the time relating to CONTRACTOR's bankruptcy or insolvency, 14.13.11 All payments dues under this section and not 15.2.1.3 If CONTRACTOR makes a general made within the time periods specified by this assignment for the benefit of section shall bear interest at the rate of one (1%) creditors, percent per month, or the rate specified by 15.2.1.4 If a trustee, receiver, custodian or contract, whichever is greater. agent of CONTRACTOR is appointed under applicable law or ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION: under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the 15.1 CITY MAY SUSPEND/STOP WORK: purpose of enforcing a Lien against such property or for the purpose of 15.1.1 THE CITY MAY SUSPEND WORK: The CITY general administration of such may, at any time and without cause, suspend the property for the benefit of Work or any portion thereof for period of not CONTRACTOR's creditors, more than ninety (90) days by notice in writing to 15.2.1.5 If CONTRACTOR admits in writing CONTRACTOR and CONSULTANT which shall an inability to pay the debts affix the date on which Work shall be resumed. generally as they become due, CONTRACTOR shall resume the Work on the 15.2.1.6 If CONTRACTOR fails to perform date so affixed. If CONTRACTOR claims an the Work in accordance with the increase in the Contract Price or an extension of Contract Documents (including but the Contract Time, or both, directly attributable to not limited to, failure to supply any suspension, CONTRACTOR may make a sufficient skilled workers suitable claim as provided in Articles 11 (Change of materials or equipment or failure to Contract Price) and Article 12 (Change of adhere to the progress schedule Contract Time) of the General Conditions. established under Paragraph 2.6 as revised from time to time), 15.1.2 THE CITY MAY STOP WORK: The CITY or 15.2.1.7 If CONTRACTOR disregards any CITY's Representative may stop the Work or any federal, state or local laws and or portion thereof when it has been determined that regulations of any Local Public the CONTRACTOR is not complying with the Agency regulations that apply. Drawings or Specifications or the intent thereof. 15.2.1.8 If CONTRACTOR disregards the The Stop Work order may be verbal and the authority of CONSULTANT, or GC -48 Boynton Beach Utilities — RE -BID Pipe Bursting Page 888 of 1360 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination, the CITY may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials, plant, tools, equipment, 15.3 and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work (including additional managerial and administrative services, plus the CITY's direct, indirect and consequential losses), exceeds the unpaid balance on the Contract, the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default, shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination 15.4 pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind GC -49 Boynton Beach Utilities — RE -BID Pipe Bursting other than as provided in this Agreement in connection with such termination, any and all claims for consequential damages, loss of bonding capability, destruction of business, unabsorbed home office overhead, lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY, the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the CONTRACTOR, and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or materialmen or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it, all or some subcontracts, construction, plants, materials tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if notified to do so by the CITY or CITY's Project Manager, shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been Page 889 of 1360 15.5 paid in whole or in part. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submitted, or the CITY fails to pay any sum finally determined to be due within sixty (60) days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven (7) days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event, the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to the CITY and CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24 — Continuing the Work, to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16—DISPUTE RESOLUTION 16.1 CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract, the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17 — MISCELLANEOUS 17.1 GIVING NOTICE: 17.1.1 All notices, requests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to : To CITY: User Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 CONTRACTOR: GOOD FAITH EFFORT: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising 17.2 COMPUTATION OF TIME: under this Contract, shall be resolved through good faith efforts upon the part of the 17.2.1 When any period of time is referred to in the CONTRACTOR and the CITY or CITY's Project Contract Documents by days, it shall be Manager. At all times, the CONTRACTOR shall computed to exclude the first and include the last carry on the Work and maintain its progress day of such period. If the last day of any such schedule in accordance with the requirements of period falls on a Saturday or Sunday or on a the Contract and the determination of the CITY federal or state legal holiday, such day shall be or its representatives, pending a final resolution omitted from the computation. of the dispute, including, if necessary, any determination by a Court of competent 17.3 NOTICE OF CLAIM: jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and 17.3.1 Should CITY or CONTRACTOR suffer injury or GC - 50 Boynton Beach Utilities — RE -BID Pipe Bursting Page 890 of 1360 17.4 17.5 damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within seven (7) calendar days of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6 — Contractor's Responsibilities, Section 13 — Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14 — Payments to Contractor and Completion, and Section 15 — Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal, state and local laws or regulations, by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. GC -51 Boynton Beach Utilities — RE -BID Pipe Bursting 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes § 255.04, which requires that on public building contracts, Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails, refuses, or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project, or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract and re -let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other form of compensation, and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG -FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug -Free Workplace and have their Drug -Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes § 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the Page 891 of 1360 construction or repair of a public building or submitted by the CONTRACTOR. public work, may not submit Bids on leases of real property to a public entity, may not be 17.15 DEBARMENT: awarded to perform work as a contractor, supplier, subcontractor, or consultant under a 17.15.1 The CITY shall have the authority to debar a contract with any public entity in excess of the person/corporation/contractor for cause for threshold amount provided in Florida Statutes § consideration of award of future contacts. The 287.017 for CATEGORY TWO or higher for a debarment shall be for a period commensurate period of thirty-six (36) months from the date of with the seriousness of the causes, generally being placed on the convicted vendor list. not to exceed three (3) years. When the offense is willful or blatant, a longer term of 17.11 ASSIGNMENT: debarment may be imposed, up to an indefinite period. 17.11.1 This Contract nor any monies due hereunder, or any part thereof, shall not be assigned or 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY transferred by CONTRACTOR without written PROPERTY: consent of the party sought to be bound. The CITY shall not be liable to any assignee or 17.16.1 Possession of firearms shall not be tolerated in transferee of the Contract or any monies due or near CITY buildings. Nor shall violation of hereunder without the previous written consent Federal, State and local laws and policies of the CITY, to the assignment or transfer. The regarding Drug -Free Workplace be tolerated. CITY shall not release or discharge Violators shall be subject to immediate CONTRACTOR from any obligation hereunder. termination. The CITY shall not approve an assignment or transfer unless the Surety on the Contract 17.16.2 "Firearm" means any weapon (including a starter Performance and Payment Bonds has informed gun or antique firearm) which is designed to, or the CITY in writing that it consents to the may readily be converted to expel a projectile by assignment or transfer. the action of an explosive, the frame of receiver of any such weapon, any destructive device, or 17.12 VENUE: any machine gun. 17.12.1 This Contract shall be interpreted as a whole unit 17.16.3 No person who has a firearm in their vehicle may and section headings are for convenience only. park their vehicle on CITY premises. All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm 17.16.4 If any employee of CONTRACTOR or Sub - Beach County, Florida. Contractor is found to have brought a firearm on CITY property, such employee must be 17.13 FUNDING OUT: terminated from the Project by the CONTRACTOR or Sub -Contractor. If the Sub - 17.13.1 It is necessary that fiscal funding out provisions Contractor fails to terminate such employee, the be included in all Bids in which the terms are for Sub -Contractor's agreement with the periods longer than one year. Therefore, the CONTRACTOR for the CITY project shall be following funding out provisions are an integral terminated. If the CONTRACTOR fails to part of this Invitation to Bid and CONTRACTOR terminate such employee or fails to terminate the agrees that: agreement with the Sub -Contractor who fails to terminate such employee, the CONTRACTOR's 17.13.2 The CITY during the contract period may agreement with the CITY shall be terminated. terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same 17.17 PRODUCT RECALL. terms and conditions. 17.17.1 In the event the CONTRACTOR receives notice 17.13.3 Such prior written notice shall state that the lack that a product delivered by the CONTRACTOR of appropriated funds is the reason for to the CITY has been recalled, seized, or termination. embargoed, and/or has been determined misbranded, adulterated, or found to be unfit for 17.14 CITY's PURCHASING CARD: human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any 17.14.1 The CITY has authorized use of a Purchasing state or federal regulatory agency, the Card to expedite small dollar purchases for CONTRACTOR shall notify the CITY's materials, supplies and other items needed for Procurement Services Division within two (2) daily operations. CONTRACTOR may be business days of receiving such notice. The presented these Purchasing cards by authorized CITY's acceptance or failure to reject the CITY personnel for the above mentioned affected product as non -conforming shall not in purchases. any way impact, negate, or diminish the CONTRACTOR's duty to notify the CITY, 17.14.2 The CITY reserves the right to use the CONSULTANT and CITY's Procurement Purchasing Cards as an optional payment Services Division that the affected product has method to pay invoices for the project Work been recalled, seized or embargoed, and/or has GC -52 Boynton Beach Utilities — RE -BID Pipe Bursting Page 892 of 1360 been determined to be misbranded, adulterated, Bid or Contract, or the application of such terms or found to be unfit for human consumption. The or provisions to persons or circumstances other form and content of such notice to the CITY shall than those as to which it is held invalid or include the name and description of the affected unenforceable, shall not be affected, and every product, the approximate date the affected other term provision of this Bid/Contract shall be product was delivered to the CITY, the bid deemed valid and enforceable to the extent number, and relevant information relating to the permitted by law. proper handling of the affected product and/or proper disposition of the affected product by the 17.20 VERIFICATION OF EMPLOYMENT STATUS: CITY, if necessary to protect the health, welfare, and safety of CITY employees, and any health 17.20.1 The CITY shall not intentionally award publicly - hazards known to the CONTRACTOR which funded contracts to any contractor who may be caused or created by the affected knowingly employs unauthorized immigrant product. workers, constituting a violation of the employment provisions contained in U.S. C. 17.17.2 The CONTRACTOR shall, at the option of the Section 1324al (Section274A9e) of the CITY's Procurement Services Division, either Immigration and Nationality Act (INA). The CITY reimburse the purchase price or provide an shall consider the employment by any contractor equivalent replacement product at no additional of unauthorized aliens a violation by the recipient cost to the CITY. The CONTRACTOR shall be of the employment provisions contained in responsible for removal and/or replacement of Section 274AI of the INA shall be grounds for the affected product within the time specified by unilateral cancellation of this Agreement by the the CITY, without causing significant CITY. inconvenience to the CITY. 17.21 ABBREVIATIONS AND SYMBOLS: 17.17.3 At the option of the CITY, the CONTRACTOR may be required to reimburse storage, disposal 17.21.1 Referenced Standards: Any reference to and/or handling fees to be calculated from time published specifications or standards of any of delivery and acceptance to actual removal or organization or association shall comply with the disposal. The CONTRACTOR shall bear all requirements of the specifications or standards costs associated with the removal and proper which is current on the date of Advertisement of disposal of the affected product. The failure to Bids. In case of a conflict between the reimburse the purchase price and storage and/or referenced specifications or standards, the one handling fees or to removal and/or replace the having the more stringent requirement shall affected product with an equivalent replacement govern. within the time specified by the CITY, without causing significant inconvenience to the CITY 17.21.2 In case of conflict between the referenced shall be considered a default of the Contract. specifications or standards and the Contract Documents, the Contract Documents shall 17.18 RIGHTS TO BID DOCUMENTS: govern. 17.18.1 All copies and contents of any proposal, 17.21.3 ABBREVIATIONS: attachment, and explanation thereof submitted in response to this Invitation to Bid (except AA Aluminum Association copyright material), shall become the property of AAA American Arbitration Association the CITY of Boynton Beach. The CITY reserves AABC Associated Air Balance Council the right to use, at its discretion, and in any AAMA Architectural Aluminum Manufacturer's manner it deems appropriate, any concept, idea, Assoc. technique or suggestion contained therein. All AASHO The American Association of State copyright and industrial/commercial proprietary, Highway Officials confidential and/or privileged information such as ABA American Bar Association financial records, must be clearly identified, as ABMA American Boiler Manufacturer's such confidentiality is protected until award of Association contract, in accordance with Florida Statutes, ABPA Acoustical and Board Products Chapter 119. Such material shall be returned to Association the Bidders prior to award of contract so as to ACI American Concrete Institute preserve the proprietary and confidential nature ACPA American Concrete Pipe Association of its contents. AEIC Association of Edison Illuminating Companies 17.19 SEVERABILITY: AFBMA Anti -Friction Bearing Manufacturer's Assoc. 17.19.1 Indulgence by the CITY on any non-compliance AGA American Gas Association by the CONTRACTOR does not constitute a AGC Associated General Contractors of waiver of any rights under this Invitation to Bid. If America any term or provision of this Bid or resulting AGMA American Gear Manufacturer's Contract, or the application thereof to any person Association or circumstances shall to any extent be held AHA American Hardboard Association invalid or unenforceable, the remainder of this Al The Asphalt Institute GC - 53 Boynton Beach Utilities — RE -BID Pipe Bursting Page 893 of 1360 AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials IEEE Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering MIL Association ARI American Refrigeration Institution ASA American Standards Association (Now NBHA ANSI) ASAHC American Society of Architectural NCSA Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating, NEC Refrigeration and Air Conditioning NECA Engineers ASME American Society of Mechanical NEMA Engineers ASSCBC American Standard Safety Code for NFPA Building Construction ASSHTO American Association of State Highway NPC Transportation Officials ASTM American Society for Testing and NSC Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's PSI Association BIA Brick Institute of America (Formerly, SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of SFWMD America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and SSI Bridge Construction, Florida Department SSPC of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East -Coast Railway FDER Florida Department of Environmental UL Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute GC -54 Boynton Beach Utilities — RE -BID Pipe Bursting HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders' Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors Association NEMA National Electrical Manufacturer': Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre -stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PS IA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station (100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation -to -Crosstalk Ration Page 894 of 1360 ADA Americans with Disabilities Act RH Relative Humidity AFF Above finished floor RNC Rigid nonmetallic conduit ANSI American National Standards Institute SM Single Mode ASTM American Society for Testing and Materials (ASTM TBB Telecommunication Bonding Backbone International) TBBIBC Telecommunication Bonding Backbone AWG American Wire Gauge Interconnecting Bonding Conductor (replaced by BD Building distributor (replacing main -cross connect and ground equalizer "GE") MDF as "building service" (room identifiers) TE Telephone Equipment (Wall Mounted Equipment BICSI® Building Industry Consulting Service International, Inc. Rack) BTU British Thermal Unit TGB Telecommunications Grounding Buss Bar TIA CATV Community Antenna Television (Cable Television) Telecommunications Industry Association CD Campus distributor (replacing main -cross connect and TMGB Telecommunications Main Grounding Buss Bar MDF as "campus -wide service" room identifiers). Also, TR Telecommunications Room (being replaced with "ER") compact disk for storage of audio or video information. UL Underwriters Laboratory Db Decibel UPS Uninterruptible Power Supply EMT Electrical metallic tubing WAO Work Area Outlet ENT Electrical non-metallic tubing EDPM Ethylene -polypropylene -diene membrane 17.21.5 UNITS OF MEASURE EF Entrance facility Weights and Measures shall be identified by EIA Electronic Industries Alliance Weights and Measures Division, NIST., U.S. ELFEXT Equal Level Far End Crosswalk Department of Commerce, 100 Bureau Drive, EMC Electromagnetic Compatibility Stop 2600, Gaithersburg, MD 20899-26. EMI Electromagnetic Inference ER Equipment Room, Replacing "TR" END OF SECTION FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross -connect, and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far -End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer (replacing TBBIBC) Grid Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross -Connect (replaced by floor distributor " FD") HH Handhole HVAC Heating, Ventilation, and Air -Conditioning Hz Hertz IC Intermediate Cross -Connect (replaced by "BD" or " FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross -Connect (replaced by campus distributor "CD") MDF Main Distributor Frame (replaced by "CD" or "BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile -butadiene rubber NEC National Electric Safety Code, C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference GC -55 Boynton Beach Utilities — Pipe Bursting Page 895 of 1360 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION "RE -BID FOR THE PRE- CHL ORI NA TED PIPE B URS TING OF POTABLE WATER MAINS" BID No.: 036-2821-16/TP SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING FOR POTABLE WATER MAINS BID No. 036-2821-16ITP SCC — 1 BID BONDS 1.1 Bid bonds are NOT required for this bid. 1.1 a. Preparation of the Schedule of Bid Items represent only line item pricing; the value of each subsequent project cannot be determined at this time. SCC — 2 PERFORMANCE AND PAYMENT BONDS 2.1 Performance and Payment Bonds are required only when projects developed by the City exceed $75,000.00. Required Performance and Payment Bonds will be 100% of the total project amount. SCC — 3 PURCHASE ORDERS 3.1 Purchase Orders for specific scope(s) of work identified by the City will be issued on an "As Needed Basis" to awarded contractor(s). Purchase Order(s) will be prepared based on established pricing. 3.1 a. A site inspection will be performed at such time that the contractor(s) respond to a request from the City regarding a specific scope of work and prior to the issuance of a purchase order. 3.1 b. The Contractor will prepare a pricing proposal utilizing established bid and submit the proposal to the City. 3.1 c. Individual scopes of services will state the number of calendar days for completion. SCC — 4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios, similar in nature to scopes of services, are provided to prepare cost estimates and represent hypothetical situations that require pre -chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s) shall prepare the scenario proposals based on unit pricing submitted to the City in response to Re -Bid No. 036-2821-16/TP Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1 a-1. Prepare the Cost Estimate Proposals on business letterhead; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal; or, 4.1 b -2b. Attach a copy of the Schedule of Bid Items highlighting the item SCC -PB 1 Boynton Beach Utilities — RE -BID Pipe Bursting Page 897 of 1360 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. SCC — 5 COST VARIATIONS 5.1 The cost of the following bid items, if applicable can only be determined at such time that a specific scope of work is prepared prior to the issuance of a purchase order: 5.a. Permits required by regulatory agencies; 5.b. NPDES (National Pollutant Discharge Elimination System Permit); 5.c. Trench Safety Act Affidavit form is enclosed for acknowledgement, costs will be determined; 5.d. Performance and Payment Bond for 100% of project cost is required only when the project developed by the City exceeds $ 75,000.00. END OF SUPPLEMENTAL CONDITIONS SCC -PB 2 Boynton Beach Utilities — RE -BID Pipe Bursting Page 898 of 1360 APPENDIX `A' THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED Page 899 of 1360 MN BID FORM "RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS" BID No: 036-2821-16/TP The City of Boynton Beach is seeking a maximum of two (2) qualified contractors to demonstrate specific experience in pre -chlorinated pipe bursting of utilty system water mains. The Scope of Work for Pre - Chlorinated Pipe Busting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials and equipment necessary to complete the City's project(s). Submitted By: Date: To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY to perform and furnish all WORK as specified herein for the scopes of work that will be identified by the City on an "As Needed Basis". The BIDDER agrees, if this BID is accepted, to prepare a price proposal for each identified project based on the approved line item pricing submitted in the Schedule of Bid Items. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. BF -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 900 of 1360 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the line item pricing listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY BF -2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 901 of 1360 SCHEDULE OF BID ITEMS Re -Bid for The Pre -Chlorinated Pipe Bursting of Potable Water Mains Bid No. 036-2821-16/TP SCOPE OF WORK: The Scope of Work for Pre -Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work. Furnish and Install is defined as all work and includes, but is not limited to preparation and restoration required to complete the designated line items. ITEM DESCRIPTION OF BID ITEM UNIT UNIT COST Section 1 GENERAL CONDITIONS Mobilization/Demobilization per project LS GC M.O.T. per project, City Right -of -Way LS -1 M.O.T. per project, Palm Beach County FDOT Roadway LS Pre and Post Construction Video LS Permit Applicable Permit Allowance (actual cost reimbursement by TBD TBD NPDES NPDES (if applicable) may not exceed 1.5% of the project cost TBD TBD Drawings Record Drawings (if applicable) TBD TBD Survey Construction Survey (if applicable actual cost reimbursement by City TBD TBD 1-1 Indemnification/Individual Projects LS $25.00 R-1 SURFACE RESTORATION R -1A Sod SF $ R-113 6" Concrete SF $ RAC 3" Asphalt SF $ RAD Curb LF Is BF -3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 902 of 1360 ITEM DESCRIPTION OF BID ITEM UNIT COST PIPE BURSTING FURNISH AND INTALL Section 2 Pipe Bursting — Furnish and Install — Per Linear Foot 2.1 6 -inch HDPE DR11 by Pre-Chorinated pipe bursting LF $ 2.2 8 -inch HDPE DR11 by Pre -Chlorinated pipe bursting LF $ 2.3 10 -inch HDPE DR11 by Pre -Chlorinated pipe bursting LF $ 2.4 12 -inch HDPE DR11 by Pre -Chlorinated pipe bursting LF $ Section 3 Valves and Fittings — Furnish and Install 3.1 4 -inch Gate Valve EA $ 3.2 6 -inch Gate Valve EA $ 3.3 8 -inch Gate Valve EA $ 3.4 10 -inch Gate Valve EA $ 3.5 12 -inch Gate Valve EA $ FIRE HYDRANTS WILL BE FURNISHED BY CITY 3.6 Install Fire H drant on 6 -inch water main EA $ 3.7 Install Fire H drant on 8 -inch water main EA $ 3.8 Tee 6x6x6 EA $ 3.9 Tee 8x8x6 EA $ 3.10 Tee 8x8x8 EA $ 3.11 Tee 10x010x6 EA $ 3.12 Tee 10x10x8 EA $ 3.13 Tee 10x10x10 EA $ 3.14 Tee 12x12x6 EA $ 3.15 Tee 12x12x8 EA $ 3.16 Tee 12x12x10 EA $ 3.17 Tee 12x12x12 EA $ Section 4 Customer Connections — Furnish and Install — Single or Double Service 4.1 SINGLE OR DOUBLE SERVICE 4.1.1 Up to 1 -inch Short Side Water Service Connection EA $ 4.1.2 6 -inch Water Main EA $ 4.1.3 8 -inch Water Main EA $ 4.1.4 10 -inch Water Main EA $ 4.1.5 12 -inch Water Main EA $ 4.2 SINGLE OR DOUBLE SERVICE 4.2.1 Up to 2 -inch Short Side Water Service Connection (in casing) EA $ 4.2.2 6 -inch Water Main EA $ 4.2.3 8 -inch Water Main EA $ 4.2.4 10 -inch Water Main EA $ 4.2.5 12 -inch Water Main EA $ 4.3 SINGLE OR DOUBLE SERVICE 4.3.1 Up to 1 -inch Long Side Water Service Connection EA $ 4.3.2 6 -inch Water Main EA $ 4.3.3 8 -inch Water Main EA $ 4.3.4 10 -inch Water Main EA $ 4.3.5 12 -inch Water Main EA $ BF -4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 903 of 1360 4.4 SINGLE OR DOUBLE SERVICE 4.4.1 Up to 2 -inch Long Side Water Service Connection (in casing) EA $ 4.4.2 6 -inch Water Main EA $ 4.4.3 8 -inch Water Main EA $ 4.4.4 10 -inch Water Main EA $ 4.4.5 12 -inch Water Main EA $ Section 5 Line Stops — Furnish and Install 5.1 6 -inch Water Main EA $ 5.2 8 -inch Water Main EA $ 5.3 10 -inch Water Main EA $ 5.4 12 -inch Water Main EA $ END OF SCHEDULE OF BID ITEMS BF -5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 904 of 1360 COST ESTIMATE FOR PIPE BURSTING SCENARIOS BID No. 036-2821-16/TP PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO OUTLINED BELOW BY USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS ( Pages BP -4 AND BP -5) AND SUBMIT ON YOUR LETTERHEAD. SEE SUPPLEMENTAL CONDITIONS, SCC — 4. Scenario #1 Six-inch water main (Asbestos Pipe) that runs a length of 300 linear ft. (from east to west) through the easement of a residential neighborhood at 4 -feet deep. This water main loops the system; no residents are connected to it. No fire hydrants are connected. The 6 -inch water main is wet tapped off of a 16 -inch transmission water main that is in a FDOT roadway and ties into an 8 -inch water main 300 linear feet away on to a city roadway. Both 6 -inch valves are not leaking and are in good condition. Restore asphalt 100 sq. ft. of FDOT approved asphalt and any sod that needed to be removed. The utility wants the water main to remain its current size. Scenario #2 Twelve -inch (cast iron) water main that runs 250 linear ft. in utility right-of-way at 6 -feet deep. At the distance of 150 linear feet, the 12 -inch water main reduces to an 8 -inch water main (cast iron). Where the water main reduces from a 12 -inch to an 8 -inch water main, there is a 12 -inch x 8 -inch reducer and an 8 -inch gate valve. Two (2) fire hydrants, which have two (2) individual valves, are connected to the water main. There are resident service lines that are fed by this water main, 12 long -side service lines and 8 short -side service lines for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 12 -inch reducing down to 8 -inch if possible. Scenario #3 — Revision #1 Four -inch water main that runs in utility right- of- way at a depth of 3 -feet and a total length of 800 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that three (3), 8 -inch x 6 -inch tees be installed along the line; position of tees will be specified by the utility, and three (3) 6 -inch valves to coincide with each tee for future installation of three (3) fire hydrants. The fire hydrants will be installed by the utility at a later date. There are 13 short -side services and 12 long -side services for a total of 25 resident service lines. The utility wants to upsize the water main from a 4 -inch to an 8 -inch water main. BF -6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 905 of 1360 BIDDER agrees that the WORK will be substantially completed within TBD calendar days after the receipt of the Notice to Proceed and final completion will occur within 30 calendar days after the Notice of Substantial Completion. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of '2016. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER M (If a corporation) (Affix Seal) Signature of BIDDER M Attested by Secretary Incorporated under the laws of the State of BID PRICES W ITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON -CONFORMING AND INELIGIBLE FOR AWARD. [Remainder of this page left blank intentionally] BF -7 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 906 of 1360 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of , a Partnership under the laws of the State of held on 20 , the following resolution was duly passed and adopted: "RESOLVED, that as of the Partnership, is hereby authorized to execute the Bid Form dated , 20 , between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN W ITNESS WHEREOF, I have hereunto set my hand this _ day of , 20_ (Signature) (Title) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of '20 by identification: who is personally known to me or who has presented the following type of Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number BF -7 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 907 of 1360 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20 _, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Corporation, is hereby authorized to execute the Bid Form dated , 20_, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20_ Secretary STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of '20 by who is personally known to me or who has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number BF -8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 908 of 1360 A D D E N D A CITY OF BOYNTON BEACH BID TITLE: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO: 036-2821-16/TP BIDDER NAME: DATE: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by 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 NO. DATE ADDENDUM NO. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID A-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 909 of 1360 c/BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Bid Number: 036-2821-16/TP Bid Received By: APRIL 20, 2016, NO LATER THAN 2:30 P. M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: April 20, 2016, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code Mailing Address: City/State/Zip: Vendor Mailing Date: FAX Number: Authorized Signature Name Typed BA -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 910 of 1360 d� QUALIFICATIONS 1• STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number 2. Number of years as a Contractor in this type of work: 3. Names and titles of all officers, partners or individuals doing business under trade name: 4. The business is a: Sole Proprietorship Partnership Corporation 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 6. What is the last project of this nature that you have completed? 7. Have you ever failed to complete work awarded to you. If so, when, where and why? BQ-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 911 of 1360 8. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? 9. List CM's or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC Contact Tel: No. 1 Person: Fax: CM/GC Contact Tel: No. 2 Person: Fax: 10. List three SIGNIFICANT PROJECTS completed within the past five years. Your $ Project Location: Subcontract $ Date No. 1 Amount: Com Contracting Contact Tel: Agency: Person: Fax: Your $ Project Location: Subcontract $ Date No. 2 Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: Your $ Project Location: Subcontract $ Date No. 3 Amount: Completed: Contracting Contact Tel: 11. List three SIGNIFICANT PROJECTS currently under construction. Your $ Project Location: Subcontract $ Date No. 1 Amount: Completed: Contracting Contact Tel: Your $ Project Location: Subcontract $ Date No. 2 Amount: Com Contracting Contact Tel: Agency: Person: Fax: BQ-2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 912 of 1360 Your $ Location: Subcontract $ Date Project Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: 12. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 13. State the name and licensing of the individual who will have personal supervision of the WORK. 14. Will you sublet any part of this WORK? If so, give details. 15. What equipment do you own that is available for the WORK? 16. What equipment will you purchase for the proposed WORK? 17. What equipment will you rent for the proposed WORK? 18. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: BQ-3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 913 of 1360 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name, job title, and telephone number of contact person) — Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work (a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater BQ-4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 914 of 1360 24. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer BQ-S THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 915 of 1360 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signature) Date BQ-6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Boynton Beach Utilities — RE -BID Pipe Bursting Page 916 of 1360 N CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature Boynton Beach Utilities — RE -BID Pipe Bursting DFW - 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 917 of 1360 N NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires Boynton Beach Utilities — RE -BID Pipe Bursting NCA— 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 918 of 1360 d ANTI -KICKBACK 1 1, 1 STATE OF FLORIDA ) SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. 0 Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP Boynton Beach Utilities — RE -BID Pipe Bursting AKA — 1 NAME - SIGNATURE 20 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 919 of 1360 N TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Boynton Beach Utilities — RE -BID Pipe Bursting TSA— 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 920 of 1360 N SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE Boynton Beach Utilities — RE -BID Pipe Bursting SPC — 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 921 of 1360 In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and Boynton Beach Utilities — RE -BID Pipe Bursting WAR -1 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 922 of 1360 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this _day of '20 (SEAL) ATTEST: Secretary CONTRACTOR: M Boynton Beach Utilities — RE -BID Pipe Bursting WAR — 2 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 923 of 1360 r� CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC WOMEN ( ) OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification Boynton Beach Utilities — RE -BID Pipe Bursting MOB — 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 924 of 1360 n W 1T T w U) 22 CL w H z w U) U) w z m z z H Q H z O m LL w J w 2 U w O n H LL a O ~ Z O N coN O cc � M � O z o Q Z z _O H a_ Z U Q Q W CL H O m Q la - z a O 0 U z z Q O WI C w J 0 Q J w U 0 W 0 1-10co W O Q� Q � .. C� z J LU Q Q Fn O m w 75Z O Q z O cz G m Q N w F- 0 O d' Z W O M_ U_ a N Q J m r vi w CL LCL Z E ic LL O� �O o � Z J0 O7-> 0 Q o W O z U a > � ��-0 m U Z H Cl) Y ww O 75 m C� LLW 000 LL w H C� a � H LL O 00 a< Cl) z C�O 0 U Q� wCl) 75Q z 0 m (Y) O Ln N N c6 BID No.: 036-2821-16/TP • - • • .•VII 6 . The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME a Title: Date: Boynton Beach Utilities — RE -BID Pipe Bursting OIG -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 926 of 1360 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: (IF APPLICABLE ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid No. 036-2821-16/TP for RE- BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Boynton Beach Utilities — Pipe Bursting NB -1 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Page 927 of 1360 FA ►:�:»►�1 ��1:fi1= POST AWARD DOCUMENTS WARRANTY OF TITLE INSURANCE ADVISORY FORM HF CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor (Name of Corporation or Firm) () Check One which is named in Construction Contract dated the day of , 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of '20 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities — RE -BID Pipe Bursting WT- 1 Page 929 of 1360 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) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers 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 Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability Excess Liability Umbrella Form Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified General Aggregate$ $ 1,000,000.00 Prod ucts-Comp/Op Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident)to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Auto Only, Each Accident $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 INSURANCE ADVISORY FORM - IN -1 $ 300,000.00 Limits based on Project Cost to be determined Page 930 of 1360 1.9�4 M, , WATER MAINS" experience in pre -chlorinated pipe bursting of utilty system water mains. The Scope of Work f�r Pre - Chlorinated Pipe Busting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials and equipment necessary to complete the City's project(s). Submitted By: MURPI IY PIPEL.ANE QQN`T`F� A. QT`0RS Date: 4/18/16 (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the B Documents, as follows: i In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY to perform and furnish all WORK as specified herein for the scopes of work that will be identified by the City on an "As Needed Basis". The BIDDER agrees, if this BID is accepted, to prepare a price proposal for each identified project based on the approved line item pricing submitted in the Schedule of Bid Items. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening, BIDDER %till sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. jtl$;J�IIAMIO]Zi�l],kl,41174#ff--"VZI� ,*01, A #/N- 221_11, Page 931 of 1360 a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date IZEEM�� V BIDDER has familiarized itself with the nature and extent of the Bid Documents, localit-1 and all local conditions and laws and regulations that in any manner may affect co progress, performance or furnishing of the WORK. i G. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the line item pricing listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. V Page 932 of 1360 SCHEDULE OF BID ITEMS Re -Bid for The Pre-Cffiorinated Pipe Bursting of Potable Water Main—s Bid No. 036-2821-16/TP SCOPE OF WORK: The Scope of Work for Pre -Chlorinated Pipe Bursting shall include, but is not limited to; 1) Pipe bursting at various Utility locations, ) Connection to existing water services, 3) Maintenance of Traffic, ) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City'sproject(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work. Furnish and Install is defined as all work and includes, but is not limited to preparation and restoration required to complete the designated line iters, ITEM DESCRIPTIONOF BID ITEM UNIT TIT COST Section 1 GENERAL CONDITIONS Mobilization/Demobilization per project L 17,500.00 .................................. Q.O.T. per project, City Right -of -Way L 2,, 00.00 �_1 M.O.T. per project, Palm Beach County TROT Roadway L 0,000.00 Pre and Post Construction Video L � 000,.00 Permit Allowance (actual cost reimbursement by TBD TBD City) yplicable PD (if applicable) may not exceed 1.0°lm of the project THIO TBD os3 7Construction Record Drawings (if applicable) TBD TPC Survey (if applicable actual cost reimbursementT13 TBD by City Indemnification/Individual Projects L $20.00 _1 SURFACE RESTORATION -1A Sod 072 P-1 " Concrete P 12.50 R -1C "Asphalt P 6e50 P-1 Curb LP 40.GDGD PF -3 THIS PAGE To BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 933 of 1360 ITEM DESCRIPTION OF BID ITEM UNIT COST PIPE BURSTING FURNISH AND INTALL Section 2 Pipe Bursting - Furnish and Install - Per Linear Foot 2.1 -inch HIDPE DR,1 1 bv Pre-Chorinated pipe bursti LF 68.00 2.2 4nch HDPE DR1 1 bV Pre-CNorinated pipe bursti LF 80�00 2.3 1 0 -inch HDPE DR1 1 by Pre-Chiorinate p bursfing ... . ...... LF 98.00 2A 1 LF 126.0 Section 3 Ives and Fittings - Furnish and Install 3.1 -i ' n ' ch Gate Valve EA 1,067.00 3.2 6 -inch Gate Valve EA $ 1,17&00 3.3 8 -inch Gate Valve EA 1,4KOO 3.4 10 -inch Gate Valve EA 1 843.00 3.5 12 -inch Gate Valve EA 2 79&00 FIRE HYDRANTS WILL BE FURNISHED BY CITY 3.6 Install Fire Hydrant on 6 -inch water main EA $3,000 3.7 Install r,- u,,#4rant on 8 -inch water main EA 3,100 3.8 ee 6x6x6 EA $735DO 3.9 ee 8x8x6 EA 82&� 3.10 ee 8x8x8 EA $8% 3.11 ee 10x010x6 EA 970�00 3.12 ee 10x10x8 EA 1,000.00 3.13 ee 10x10x10 EA $1,025.00 114 ee 12xl2x6 EA 1,165.00 3.15 ee 12xl2x8 EA $1,200,00 3.16 ee 12x12x10 EA 1,225.00 117 ee 12xl2xl2 EA $12,50.00 Section 4 Customer Connections - Furnish and Install - Single or Double Service 4.1 INGLE OR DOUBLE SERVICE 4.1.1 Up to 1 -inch Short Side Water Service Connection EA 60&00 4�12 -inch Water Main EA 637.00 4�1.3 8 -inch Water Main EA $655.00 4�1.4 1 0 -inch Water Main EA 891.00 4�1.5 12.4nch Water Main EA $922.00 4.2 INGLE OR DOUBLE SERVICE Up to 2 -inch Short Side Water Service Connection (in $ 4.21 asing) EA 800"00 422 -inch Water Main EA 8%00 4.2,3 -inch Water Main EA 900.00 424 10.4nch Water a�n 950.00 425 12 -finch Water Main $1 000.00 4.3 SINGLE OR DOUBLE SERVICE 4.11 U to 1-incV EA 1,176.00 4.12 -inch Water Main EA $1,225.00 4.3.3 -inch Water Main EA 1 250.00 43A 1 0-Mch Water Main EA $1 372.00 IEA 1 7'.. NMI] Page 934 of 1360 4.4 SINGLE OR DOUBLE SERVICE ... Up to 2 -inch Long Side Water Service Connection (in �. E 4..x.1. easing) 4.4.2 -inch Water Maim 1 450.00 4.43 -inch Water Mahn _____ _1 1 0 .00 4.4.4 -inch Water M_______ ain�_ A 1 800.00 4.4.5 12 --inch Water I ai n A 12,130.00 Section 5 Line StopsFurnish and Install 5.1 inch Water Main.-________.__._____ � 5.2 -inch Water bairn 3 . 00 GI10 5.3 10-inchtateu° aura EA 0.0 5 12 -inch Water Main A 15,000.00 END OF SCHEDULEBID ITEMS CONSIDEREDmm FOR BID PACKAGE TO BE AND A Page 935 of 1360 COST ESTIMATE FOR BELOW BY USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS (Pages P-4 AND BP -5) AND SUBMIT ON YOUR LETTERHEAD. SEE SUPPLEMENTAL CONDITIONS, Six-inch water main (Asbestos Pipe) that runs a length of 300 linear ft. (from east to west) through the easement of a residential neighborhood at 4 -feet deep. This water main loops the system; no residents are connected to it. No fire hydrants are connected. The 6 -inch water main is wet tappe* off of a 16 -inch transmission water main that is in a FDOT roadway and ties into an 8 -inch water main 300 linear feet away on to a city roadway. Both 6 -inch valves are not leaking and are in good condition. Restore asphalt 100 sq. ft. of FDOT approved asphalt and any sod that needed removed. The utility wants the water main to remain its current size. Twelve -inch (cast iron) water main that runs 250 linear ft. in utility right-of-way at 6 -feet deep. At the distance of 150 linear feet, the 12 -inch water main reduces to an 8 -inch water main (cast iron). Where the water main reduces from a 12 -inch to an 8 -inch water main, there is a 12 -inch x 8 -inch reducer and an 8 -inch gate valve. Two (2) fire hydrants, which have two (2) individual valves, are connected to the water main. There are resident service lines that are fed by this water main, 12 long -side service lines and 8 short -side service lines for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 12 -inch reducing down to 8 -inch if possible. Four -inch water main that runs in utility right- of- way at a depth of 3 -feet and a total length of 800 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that three (3), 8 -inch x 6 -inch tees be installed along the line; position of tees will be specified by the utility, and three (3) 6 -inch valves to coincide with each tee for future installation of three (3) fire hydrants. The fire hydrants will be installed by the utility at a later date. There are 13 short -side services and 12 long -side services for a total of 25 resident gervice lines. The utility wants to upsize the water main from a 4 -inch to an 8 -inch water main, mm Page 936 of 1360 Corporate Headquarters a lili(;d:904.764.6887IiAX:904.379.6193 1V ALA Itd::iSS: 1876 Everlee Rd, Jacksonville FL 32216 WM CuFeasibility Support Office rphy Pipeline 01Ii:Cl !:414.321.2247 IiAX:414.321.2297 DDItl':.SS: 1973 S 91" Street Milwaukee WI 53227 Contractors, Inc. murphypipelines.com swagelining.com Scenario #1 ITEM DESCRIPTION QTY UNIT $ TOTAL General Conditions GC -1 Mobilization/Demobilization 1 LS $17,500.00 $17,500.00 GC -1 MOT City R/W 1 LS $2,000.00 $2,000.00 GC -1 MOT County/FDOT 1 LS $5,000.00 $5,000.00 GC -1 Pre & Post Construction Video 1 LS $1,000.00 $1,000.00 Surface Restoration R -1A Sod 2430 SF $0.72 $1,749.60 R -1C 3" Asphalt 100 SF $6.50 $650.00 Pipe Bursting 2.2 6" HDPE 300 LF $68.00 $20,400.00 Total $48,299.60 Page 937 of 1360 Corporate Headquarters a li li(.l' : 904.764.6887 l904.379.6193 /`WG::7G::71';td:::.SS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office Wmurphy Pipeline 01ii:Cl ':414.321.2247 IiAX:414.321.2297 I" A,1. DIU S: 1973 S 9111 Street Milwaukee WI 53227 Contractors, Inc. murphypipelines.com swagelining.com Scenario #2 ITEM DESCRIPTION CITY UNIT $ TOTAL Page 938 of 1360 General Conditions G-1 Mobilization/Demobilization 1 LS $17,500.00 $17,500.00 G-1 MOT City R/W 1 LS $2,000.00 $2,000.00 G-1 MOT County/FDOT 1 LS $5,000.00 $5,000.00 G-1 Pre and Post Construction Video 1 LS $1,000.00 $1,000.00 Surface Restoration R -1A Sod 8200 SF $0.72 $5,904.00 R -1B 6" Concrete 960 SF $12.50 $12,000.00 R -IC 3" Asphalt 120 SF $6.50 $780.00 Pipe Bursting 2.2 8" HDPE 100 LF $80.00 $8,000.00 2.4 12" HDPE 150 LF $126.00 $18,900.00 Valves and Fittings 3.2 6" Gate Valve 2 EA $1,176.00 $2,352.00 3.3 8" Gate valve 1 EA $1,480.00 $1,480.00 3.7 Fire Hyd on 8" Water Main 2 EA $3,100.00 $6,200.00 3.9 8x6 Tee 2 EA $825.00 $1,650.00 Customer Connections 4.1.1 1" Short Side Water Service 8 EA $606.00 $4,848.00 4.1.3 8" Water Main 4 EA $655.00 $2,620.00 4.1.5 12" Water Main 4 EA $922.00 $3,688.00 4.3.1 1" Long Side Water Service 12 EA $1,176.00 $14,112.00 4.3.3 8" Water Main 6 EA $1,250.00 $7,500.00 4.3.5 12" Water Main 6 EA $1,764.00 $10,584.00 Linestops 5.2 8" Water Main 1 EA $8,000.00 $8,000.00 5.4 12" Water Main 1 EA $15,000.00 $15,000.00 Total $149,118.00 Page 938 of 1360 Corporate Headquarters a li li(.l' : 904.764.6887 l904.379.6193 /`WG::7G::71';td:::.SS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office Wmurphy Pipeline 01ii:Cl ':414.321.2247 IiAX:414.321.2297 I" A,1. DIU S: 1973 S 9111 Street Milwaukee WI 53227 Contractors, Inc. murphypipelines.com swagelining.com Scenario #3 ITEM DESCRIPTION CITY UNIT $ TOTAL General Conditions G-1 Mobilization/Demobilization 1 LS $17,500.00 $17,500.00 G-1 MOT City R/W 1 LS $2,000.00 $2,000.00 G-1 MOT County/FDOT 1 LS $5,000.00 $5,000.00 G-1 Pre and Post Construction Video 1 LS $1,000.00 $1,000.00 Surface Restoration R -1A Sod 11900 SF $0.72 $8,568.00 R -1B 6" Concrete 1560 SF $12.50 $19,500.00 R -IC 3" Asphalt 350 SF $6.50 $2,275.00 R-11) Curb 40 LF $40.00 $1,600.00 Pipe Bursting 2.2 8" HDPE 800 LF $80.00 $64,000.00 Valves and Fittings 3.2 6" Gate Valve 1 EA $1,176.00 $1,176.00 3.3 8" Gate Valve 3 EA $1,480.00 $4,440.00 3.7 Fire Hyd on 8" Water Main 1 EA $3,100.00 $3,100.00 3.9 8x6 Tee 3 EA $825.00 $2,475.00 Customer Connections 4.1.1 1" Short Side Water Service 13 EA $606.00 $7,878.00 4.1.3 8" Water Main 13 EA $655.00 $8,515.00 4.3.1 1" Long Side Water Service 12 EA $1,176.00 $14,112.00 4.3.3 8" Water Main 12 EA $1,250.00 $15,000.00 Linestops 5.2 8" Water Main 1 EA $8,000.00 $8,000.00 Total $186,139.00 Page 939 of 1360 BIDDER agrees that the WORK will be substantially completed within TBD calendar days after the eipt of the Notice to Proceed and final completion will occur within 30 calendar days after the Notice of Substantial Completion. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure t* complete the WORK on time, Contact Person ANDY MAYER B usiness Address ...................................... 1876 EVERLEE RD City, State, Zip Code JACKSONVIL L E,.FL.r 32216 . ............... . ................... -- -------------- Business Phone Number 4-7,,54- ' 6 MY .... . ........ Email Address A QYM d URPI-NPIPELINES.COM --- N . ........... @ . .............................. Cell Phone Number —904 --, 63,55=2 1.4......... . . ............ - License Number (Please Attach Copy) -L,',jLCL1 223787 Federal Tax ID# 59-3688714 a M (Affix Seal) Signature of BIDDER ,� mm� �Y By A IIIIT11 1�,i IIIIT ill Q Attested by Secretary Incorporated under the laws of the State of U°�OA Mzz= an 1AZ9,1W IWO'.] FOR BID PACKAGE TO BE CONSIDERED AXTu,4ECCFPT,!BLF Page 940 of 1360 hug= 1UZLEEZ=, I HEREBY CERTIFY that a meeting of the partners of I a Partnership under the laws of the State of held on 20—, the following resolution was duly passed and adopted: "RESOLVED, that M, ZM Partnership, is hereby authorized to execute the Bid Form dated 20 —1 between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested �y the —of the Partnership be the official act and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20_ 12= (Title) STATE OF FLORIDA Sworn to and subscribed before me on this _day Of ........................... 20_ by who is personally known to me or who has presented the following type of identification: Signature EnoI# E33M 11kno •ffwl# 111111011011MUM i" BF-7 FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 941 of 1360 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of M( JRPI--1Y PIPELINE , a corporation under the laws of the State of FLORIDA held on APRIL 18 20 16, the following resolution was duly passed and adopte& "RESOLVED, that ANDREW MAYER , as PRESIDEN'T" of the Corporation, is hereby authorized to execute the Bid Form dated1 20 APIERIL 16 L .—, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". i orm "form -M IN WITNESS WHEREOF, I have hereunto set my hand this _ja day of 20_j_(,2. Sere, STATE OF FLORIDA 70*1105mr*�� Sworn to and subscribed before me on this 18 day of APRII.- 20 16 identification: ---------------- -------- Signature of Notary Public, State of Florida ANDREA JEAN DENNIS Notaryseal (stamped in black ink) MY COMMISSION #FF1 78194 OR EXPIRES February 28, 2019 Printed, typed or stamped name of Notary and (407) 3964153 Sorldallot Commission Number #1 '14,1111,10 I "Off''201l —11 1 Page 942 of 1360 CITY OF BOYNTON EACH BID TITLEo RE. -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO: 036-2821-16/TP BIDDER NAME~MURPHY RPEUNE CONTTZAGTORS -INC. I ................. DATE: 4/18/161 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the or specified by the Contract documents. 1111,111 ::::111, "1 "1 10000 -1 we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received, -1 F_AT$T#JNffl# KJTJ W#. DATE ADDENDUM NO. D11, T E .111 4/5/16 FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 943 of 1360 Submit Bids To- PROCUREMENT SERVICES 100 F. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone- (561) 742-6322 Bid Title: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS III FOUR =07,31 specifiedBids will be opened in Procurement Services unless otherwise. Bid receiving date and time is scheduled for: April 20, 2016, no later than 2:30 P. M. " may not be withdrawn within ninety (90) days after such date and time, All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor, MU RPI-1PIPF9 HI`4' f:. CONTR-ACTOF-RS, 1114C. Federal I.D.ber: 59_36667'14 A Corporation of the Mate of- FLORIDA Area Code- 904 Telephone umber- 764-6887 Area Code: 904 FAX umber- 379-6193 Mailing Address: 1876 EVERLEE RD City/State/Zip: JACKSONVILLE Fl._ 32216 Vendor Mailing ®ate- 4113y16 µ Authorized Signature AN[` I A 1, l"" Name Typed BA -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSALIN ORDE, Page 944 of 1360 0 BIDDER'S QUALIFICATIONS STATEMENT 1. BIDDER'S Name, Principal Address, Phone and Fax Number: RG MURPI•iYPI-PEI.,.,INI--COI�lT�RLA,,C,',.IEQ33' � .1 _. ... 1876 IEVERI-EE R JACKSONVILLE..R.- 32216 ..................... �)� ......................... . . .................... NIONE- 904-764-6887 FAX- 904-379 �6193 ............. -- . . .. . . . . . . . ................. . . .................................... 2. Number of years as a Contractor in this type of work: —15 111 OFF T, ANPREW MAYER � �11e Proprietorship PartnershipX C or*= 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: AGENT. 101-INSON AND COMPANY, 801 N ORAINGE _AVESTE 10 _ORLANDO L-1.. 328QjAl --- . . . . . ........................ .... . QZ)_LiA3'.,1120 SURE'rY: BERKLEY INSURANCF",-,412 MT 5][F 3 ' - I .................. ------------ = - -f )_775 502' 11111VIIIN-21AR! 11VIMIANI I I I I kill 15 ARAT41940104= PIL-EASE SEE ATTACHED EXPERIENCE SHEET ........... . .... . ...... . ........................ .................... . . . . . ......................................... . ....... . ....... BQ- I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL i Page 945 of 1360 Have you personally inspected the proposed WORK and do you have a complete plan for rs performance? 9. List CIVI's or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC Contact Tel: No. I PLEASE SEE ATTACIIED Person: Fax: .......................... . . . .................. so Contact Tel: lPersoin: Fax: ml� , 11!111 1111 1111111 1 1 W� R BQ- 2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER Page 946 of 1360 Your $ Project Location: Subcontract $ Date No, I PLEASE ....................................................................... SEE ATT IJ . .... . .......................... Amount, . ........... C Tppeled, ............... Contracting Contact Tel: Ae�ency: Person: Fax: Your $ Project Location: Subcontract $ Date No, 2 ............................................................................................. . . . .......................... Amount, Cc . .................... Contracting Contact Tel: Per -son: i:::ax: Your $ Project Location: Subcontract $ Date No. 3 Arnouft Coleted: Contracting Contact Tel: fioencv: Person: Fax: 11. List three SIGNIFICANT PROJECTS currently under construction, Your $ Project Location: Subcontract $ Date No, 1 PI-EASEr . . ...................................................................... SEEATTACI-JEQ . ............................... Arnount: Cc ................ Contracting Contact Tel: -Ammy ................................ . ........................................... Person: ..................... .............................. . . . . Fax: . . ................. ... . ..... Your $ Project Location: Subcontract $ Date No 2 ------------------ Arnount: Comoro leted: Contracting Contact Tel: —A9_encu: ...._Person: Fax: BQ- 2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER Page 946 of 1360 Your $ Location: Subcontract $ Date Project Amount: Completed: IfgL.3— .. . .............................. . ..................... . . . . .......................... . ...................... Contracting Contact Tel: A Persom F�aI ............. ................. . ..... . .......................... . . ...................... 12. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). PI-JEASE SEE A T FACHED ANDIRE"VY MAYER -0112EI'lar Qtm LyTury colvmACM ZB.Z..(EL)..- � I H 11 MIT mol v LVA U �# g r*T.*T%" Q650IjbK24 <1 -1-11IG W/ POWER PAC< jDAQ--,M-.1aE --LQAD E E�XCAV=TOR�S-�K0-- STEER,MOT 1:7QUIPMEN"T US SMALL'"I"'OOLS,'T'l�,Zt.IC"',KAe) TRAILERS -1 ........... ................ = ............ —.�MMA I—I.."."FMC) ............... NO....... . .. ................................................................................... - ........................... .......... 18. Mas the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: II THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 947 of 1360 '19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. NONE................... . ...... . ..... . .. ._ .............................. . . . .. . ................................. .................................. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. NONE 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. M 21 Annual Average Services Revenue of the Proposer for the last thiree years as follows� FOR BID PACKAGE10M-CONSIDERED AND &CCEPTSME Page 948 of 1360 Revenue Index Number a. Government Related Work 27 MIN .......... .................. b. Non -Governmental Related Work 2 MN Total Work (a +b): 29 MIN Services Revenue Index Number 1 Less than $100,000 $100,000 to less than $250,000 0 0- . ...................................................................................... $250,00to less than $500,00 $500,000 to less than $1 million 5. $1 million to less than $2 million 5. $2 million to less than $5 million 7. to less than $10 million $10 million to less than $25 million $25 million to less than $50 million —0. $50 million or reater FOR BID PACKAGE10M-CONSIDERED AND &CCEPTSME Page 948 of 1360 24. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. O IM PIPE AND FI FT'llq('3S ISCO UNDUS"TRES, INC. Page 949 of 1360 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. By i, ,,, d (Signature) Date 4/18116 9M Page 950 of 1360 Preference shall be given to businesses with drug-free workplace programs, Whenever two 0—f more bids which are equal with respect to price, quality, and service are received by the City ot 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee whI! 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 it complies fully with the above requirements. NN ndor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 951 of 1360 M N014 COLLUSION AFFIDAVIT OF PRIME BIDDER State of F1 ORIDA County of DUVAL. _ ANDREW MAYS being first duly sworn, deposes and says that: 1) He is PRE&DENT of KAURPI.-W PIPELINECONTRACTr ORS (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) 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 a collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of i agents, representatives, owners, employees, or parties irl.int s , 1 'r'luding this affiant. A pu ANDREA JEAN DENNIS -ied). (Sigr MY COMMISSION #FF1 78194 EXPIRES February 28, 2019 (Title)_jjBE,,9 L2LLqL_ Subscribed and sworn to before. rne This day of 1 6 Mycommisslon expires 2/28/19 . . . ... Boynton Beach Utilities — RE -BID Pipe Bursting NCA -1 Page 952 of 1360 0 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF FAWRWAI��ft, DUVAL a lot 6 R I I r -A4 AKA A! 91011 VXJ �JHTA By, NAME- _IGNATURE - Sworn and subscribed before me this 18 day of APRIL 20 16 ............. L 2 NOTARY PUBLIC, State of Ronda at Large immZ1. ANDREA JEAN DENNIS My COMMISSION #FF1 78194 EXPIRES February 28, 2019 (407) 39SO453 FloridallotaryService-corn — "OFFiCIAL NOTARY BEAD,"" STAMP Boynton Beach Utilities – RE -BID Pipe Bursting AKA – 1 NAME MURPI-N PIPELINE CONT isACTORS COMPANY Page 953 of 1360 M �NIIII III On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S. 1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. MA H I' IN I ANDREW MAYER . . . . ....................... Name of Proposer nlj:� ............... "II-Auth'brized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADING& Description Unit Quantity Unit Price Extended Price Method BARRICADE -S EA 100 125 125 DAY STEEI PLATES EA 10 500 5000 MONTH SIGNS EA '15 2 30 --------- . ............ DAY Boynton Beach Utilities —FSE -BID Pipe Bursting TSA —1 MA1,2144/20M, V,41MUZIA Page 954 of 1360 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. \ :�\ } A 0 ED SlGNATURE Boynton Beach Utilities — RE -BID Pipe Bursting SPC — I 29WHAW, aNVNMVMfl V'1M15MAMJ1�tWA#1WM1J ',I Page 955 0 1360 l In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to tht City of Boynton Beach, Florida: That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and Page 956 of 1360 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance With the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City-, "I W Jill !1111111111 r-Aamwil, I wil 14 Jill C-10m,01ilill 1w-10 [#I I asi a 0W.1 a ll 4 1VA mi lov] III r-l-Rej I c7dr-10 Ji Is Lit 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this 1_8 day of ARRIL 201Q_. (SEAL) CONTRACT, .. . .. . .. . .. . By....................... ATTEST: Secretary TIJ PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 957 of 1360 CONFIRMATION OF MINORITY OWNED BUSINESS Yes X No ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE YES NO X Boynton Beach Utilities — RE -BID Pipe Bursting MOB -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AN' ACCEPTM.LE Page 958 0 1380 3 U- < 0 gg 0 F- F - 0 -10 02 < 0 0 Lij z LL F- w T- CL o Z F- m 0 Z D F- U) t E 0 LIJ 0 w Q-1 3: UJ :2 U- cn it 0 00 LL0 rr-, LL w F- IZ w CL >- CL Ck, 11i '0 z LL 0 w z 00 V) w z 0 Q(.) ED W CO M z Page 959 of 1360 The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. MURPHY PIPELINL-- _wNTRACTORS CONTRACTOR NAME .......... B ANDREW IMAYER W1 Title: PRESIDENT Date° 4/18/16 Page 960 of 1360 oZl000"', 11111151, M'", 0,1711 i If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-031 O Failure to respond may result in deletion of The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone (561) 742-6322 FAX (561 7426316 ADDENDUM No. 1 DATE: April 5, 2016 BID TITLE: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO.: 036-2821-16/TP The following changes, deletions, and/or information are hereby made a part of the "RE -BID FOR PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS". This Addendum to the instructions to bidders, special conditions, 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. A. I* IFI,I)FPIX"IL.LC_NIIII,I_NSFIX11_N0111 111Ui...1,1.01"_IIIA F" _ 1,;111,;11 BY C _ N 1"IILC 1" 11 _ C11MLN I,F/ I*1Q1lIII 1 KILN 1,F INCLIJI:'I1,1:'I"; al�lid B. 11PIIL 1"1,;11 11111 I:I _ CIlMEIF 1,F 'I" _ CLA I1IF" 1"IIE C _ NSIJL 1"L1F°.1, LF TIIE CITY OF P _ YN 1 _ N B1, ACII, ANI) "HIE C _ EFFIL 1"!1NT 1* Pl*I Sl,;N I"L I I; IF MICIILI,;L LOW, MLEEI I,;II OF 1110IIIICLL FIl II ICI1 F® A- 1 Page 962 of 1360 Please sign where indicated and include the signature page with the Bid Package. If you have any questions or require additional information, please call Taralyn Pratt, Contract Coordinator (561) 742-6447; or, Michael Low, Manager of Technical Services (561) 742- 6403. Please make requests through e-mail: Drattt(&- bbfl.us . Sincerely, CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services /tp cc: Procurement Utilities A- 2 Page 963 of 1360 ACKNOWLEDGEMENT OF ADDENDUM No.l "RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS" BID NO.: 036-2821-16/TP ADDENDUM No. 1 RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM No. 1" WITH BID PACKAGE IN ORDER FOR BID SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: MURPHY PIPELINE CONTRACTORS, INC. ANDREW MAYER, PRESIDENT PRINT NAME OF REPRESENTATIVE 4/6/16 DATE A- 3 SIGNAT F RhMUENTATIVE Page 964 of 1360 YF¢ ANDREW JOHN MURPHY PIPELINE CONTRACTORS INC 4700 N PEARL ST JACKSONVILLE FIL 32206 orn ratuiatnornsl Wiliith 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 from architects to yacht brokers, from boaters to barbeque restaurants, and they keep Florida's economy strong, Every day we work to improve the way we do business in order to serve yeas better. For information about our services„ please log onto www.myfloridalicense.com. There you can fired more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the DepartmenUs initiatives. Our mission at the Department is, License Efficiently, regulate Fairly. We constantly strive to serve your better so that you can serve your customers. Thank you 'for doing business in Florida, and congratulations on your new license! xBMADIEFEM RICK SCOTT, GOVERNOR iSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. CUC1223787 ISSUED.- 05120/2014 MAYER, ANDREW JOHN' MURPHY PIPELINE 6s CERMIED under the prrsvNOons of Ch 489 E . ExplMors date . AUG 31, 2.016 LW 1300 KEN LAWSON, SECRETARY STATE OF FLORIDA D61:1ARTMEN1,,, OF BUSINESS AND PROFESSIONAL EGLIL TION CONSTRUCTION INDUSTRY LICENSING BOARD The UNDERGROUND GROUND UTlli,,rTy & EXCAVATION Named below IS CERTIFIED Under the provisions of Chapter 489 F& E pilir tuon date: AUG 31, 2016 ISSUED: ftaf2012014 DISPLAY AS REQUIRED I ED EY LAW SEQ#1.1405200001 Page 965 of 1360 Omni, rea eaa eta � ay 7,01 ��yy 99vv }meq pph^� 0-4 C PPahh y,g� wsN 46 vaq } ° 4-4 tO 00&q G-a P -t u C) r— 00 00 00 00 �t COO NQ� a—+ tom- � 0.4 >1 \�OC� � �� o a e t C� M �— ssa ff Q? 0 r� 0 U U U F-- U u � w 02 to cq 731 CA o 20 Page 966 of 1360 . . . . .................. . ... .... . ... . .... . ........ . ........................ . .. En . ........... 00 00 00 m W) 00 00 00 00 IMA CIO (4-4 CIA 00 00 CL 0 (D r- P�q 0 r- r- �c C14;z cq 00 , r:� -, 00 m C) -5 0 e. (ZUI cq u 04 u u 04 rq It Nt 0 0 >), 00 C) 0. 00 kn tmb 1�0 0 en °10 n N r- cn ->R, 0 m z r- m In 00 cd 1 4.1. , r CQ q, (D�, t- 00 cqa aj 00 M cq W) 0 71 Ilt N m 00 C) W) 011 0 cn C, 0 4-A kr) cd V cd 0 Z > z 0 4- on 0 17.� 0 "CS u u z w u u z u MM 91,4 cl — �: 11 2d U to r. rq u cl tb u 'm -a cd 't p 0 2 4 v 4) m Q -t4 --g 0 g14 04 04 4S . ........... C'n U P4 rq z 0. En w gi. C9 g4 0. Page 967 of 1360 F Page 968 of 1360 a� a� Gn ° ra 00 r r�3 ria 001 ��Ci}}3 �Cd �y rCg7 on Cd rs"e � Cd `P��B C\ 001Cd � �C2 �C0�,"%"q �'�} �"• ou9 kn Q.� 0 g p',I-{p UD 00 cq u E °'m' q� wry 944 4 r t 50 4-4 ryrybM� r� ,a�wA t` 4✓ y � U �''} �$bd 7'Q\2 '°Li !�!wwq W^4 MM ! yam^ d� C� C CCS C4 t 4 • M^9 ppqq ��qq s.� /ppq y� pq per' enQa d3 tet e� a g) 0 . "" 0 0 dW 0 g� p� lz iM Chi cdLd 6� Ae9 .� Q,� Y $m4 � � � � � •� . W bd bM Q� �4 ws�l p4 W9 dW qk�-i±e 'C,y�S, AQ t9 [rb��_l CA �a ca cath d 'd 0 Q) � VV 0 � � wV �.a Q.� fl3 � �y war Q� � Q3 cd V3 w y evVE3 yfl wm.a rm2 ,p.. � e c� ,p,, C8] A� 1 cd „p wac Cp%q� . buy 0 ¢2 �E zP4 z p Y® F�1 �d,�6 Fes§ pC4,� pq�w� P�9 h�4 P�*^E04 F Page 968 of 1360 J Page 969 of 1360 "msµ Ici goy w�� iypag SAO to Sp�yN bpptW.'�o SdV to p � q_b^_X! to µ rA to $0 °6D VeJ Qp �y � �y W✓ Vre py p„� Cr1 � 0 ryb�:�d, bN d 1 p♦v�qp d�M 40.d Y1 V3 4 MM �bp.M�p� py E ppqM �i ASN a^�^I ® v*�M }y0y0/� to 9 �.✓ —c) py s 1 hM p�N dW TM cK b y C)g rA ria 9° 0,0 g� qty �0 emery M/ 00 a) W Q) Z9 0-4 00 A�4 Ciqy wM �g a a > p�'p �g p�� y /gyp} g�� p�q✓ [�� pLq✓ MW N^b d� 00 u a. bel Cd 00 U QB —" CC3 P-, cea0 C`l 0 p hi ° 0 Q� ri t3 �i i 0 N C) ' toP 00 Cil Cil tn a cd CC) 14C`3 s� CY cry c P t 00 00 C14 cn a a fid to C -A 0 � 0 Qoo cE c� en Cc u nIC8 w w' CT a, 4-4 Q {� p ® t) C? � Cd u F. F. u 43 Q� 4-4 cc 0� cP4 u Cc �m PM C8 +C4 cd 55 ccC81 m P4 rq J Page 969 of 1360 Page 970 of 1360 ....................... ____ Ire .................w r— r ra 00 0 0 ti) to 4.W tea ."" reg �t tq 4 t` Z�— r ! A004 !. ac W aoW 00 Iz ! n < / ! ®. 1 I r .1 e 1 m 00 00t r1 C i C C 3 �— �—+ �-+ 00 p, ,.00 e: Cd 00 H Q°eik 4 U C'�I4 k-4 1 U U C'P'1 �'00 r— Cd ON It tom- r— 0 t— CD r`^ Cf) tet` cq s Nw cri csC It I— �c+a cd c'a � > ! °cs 4 U r- rpi d rl- cn cn in r- ° �" p ° � r" Acrl "" � 0 cd Ci$ En a3 Ci Cd 0 Cd 0 yyQ� mg C)Cd 1. 0 On 4" .4 0 m 4-4 0 4—: Cd 010 •r�T� 4--1 0 O 0 � 0Cd `pper`` ' a a� �•-q p.� u ��11 gni � 7r�� [[a� u Fu- 1r.^�ll Ld �M y�'r�l d per}°-� �9 W C CCS CCS C� °cn• Q� Q� a� as °� ° W �. &d c� • Qa a� 0 0 'd ° gy hMCd p9y� t� r K0 °u - g� p� y m � Ph^p ° dpi Q} •wM �-G�} Sd 1 ^ C 'Co.,Q1 rQP�a c. V F 4 C1 $®4 � (bid �+M MSE P. pdM�k s�� 3W s. l PA a� 3�i s.t f V h°-k�04 �y ��.....�d MW C`' � �d 0 � Q, W � r��` .> 4d Page 970 of 1360 — ---------- --------- — ----- — --------------------- -------- — — ---------- - V� M U� 0 Cfj M 0 -61 -aw) 7,11) -OW C14 C4 f:lq 4- CL4 4-4 4-4 4-4 4-4 4S Cy 00 W) 00 C) tn Ln C) "0 in N m 00 00 0 0 0 u U p 0 to W) C) ,�O U Ln cq cn U ao oW) V) Ot rW) cq I" C> C� [-- ca-4 t'- M U >, 00 r�- -t:4 4 rq rq r- 00 Nt cq 1 Cq 1 4 �>d 00 r 00 0 0 4--1 Eel Cd Cd cd Ci cd 0 >1 Cf) 4,0 0 u I's u 4--1 C4. m m 78 C) u 0 z cd C/5 lu as s cd *C8 cd u > c"I Ocd �c Cd QO Q) I.. d u Cd Cd 0 T" 14 cd u c u un C14 04 0. U� P4 O-q 04 Zo u --- — — ------------ - --- .............. ... . ..................... Page 971 of 1360 -- — — — ------ (D cu U 2 4. 00 CD bO 0 -51 to Ob to to to4-4 to r. 4-� 4.4 to to to to — 0 0 4-4 4-4 4-4 Ok Ir 00 00 00 00 U 00 > 00 clj cq P-4 00 M 00 00 1-4 00 It to A I I I 00 00 U 0 <D 0 0 0 0 rq 'Tr OR 00 cn 00 �10 0-4 Q m r- ----- — — --------- ------- . ..... ............ ... . . ..... .... 4-4 0 (n 0 >1 cd a �4 U 40. tu o un Cd (D (I cl, V) 0 4-A 4-4 Cc 0 0 9) 0 "rz� 0 a a,Cd>,'Z >"r. >-� rn w Z 1� u u E_i U u c7l Z u U 4�4 + 4-4 >-4 00 C) CIO CD COO P-4 04 Un v) P. 04 u ...... .......... .......................... OAF' Page 972 of 1360 rq cv cv cv00 `. as as ° 4.1 10 a 4-4 00 00 a Baa �w 914 u a00 : u U U 00 It It czl� 110 ON Cd 00 a "-w m ' 0 00 00 V. 4wu 4.0 0 pm( It a�4 4 u � ice°- U Cd ria c� 4) Qu m Cd V2 M &� P4 4-, "C 0 00 0 "� >, 4,°r. 0,b" L) 6 t4 t4 14 UA ° °Cd Cd Q7 sa a� Sw 05 Q? Q2 C4 c4 w U Page 973 of 1360 COO w ria on Ga cit ePa rot 1-4 Cwt �—a �I rai C`t00 Q3 rA Eli ria °4. 0 cri cry $:)., rpt00 00 u n w (moi A60 00 00 00 00 ON 00 rrdd��t�3 00 m C ! C ° -C 00 00mit CA1cd 00 r cd 00 tet- C7 u U 00 0 Cd cd CJ �J un Cd Cd as � 9 czu m Page 974 of 1360 NO cq on 4- eaa r rn on ms" 0 0 • °P.' C14 1:14 PA C14 - ° Ew CL4 %:1, 4 te"e C ` + -------------- 0." ., 00 C?3 00 u u u r-- 00 epi tV C 0 cdz t`, �— " eat ° oo ca 110 00 U 00 cn 00CJ U -t m ea: 4.4 `� cy EllCd -;5 �°Cd cry ' cd "�" � c8a 0 C* CdQ2 434—s 44 cl 4� cd 4-4 0.� w n 0 u � ca w cu " cd h Page 975 of 1360 Page 976 of 1360 rq 00 m Oj 0 m (1) cz Ull 4-4 4-4 (D ria .0 t=c c 4.1 4 rr C4 C4 P-4 P-4 00 C5 00: Tr 00 00 u 00 P 00 CIS C) tnC 00PPi�c try W) 00 00 CD cn "T -0 C� 00 00 1 Sno a) �tno 72 m r. �,c cd 0 -C� C-4 .— I I cq 0 1 ---r tn cn ". 4 00 kn 0 "0 C13 0 0 >1 Cd 4.1 Cddna 0 Cc U cd M 4-4 'S-O 0 cn U 0 0 u u cl) . . . . ......... - Vn > 0-4 7t; u Page 976 of 1360 Guv VI �� VIII Andrew . Mayer Pivfe�ssto,iilml Experience Founder and President of AJM Pipelines performing planning, design and installation services related to trenohless technologies applied to pope bursting and Swagelining. Personal Service ContractsVarious International Pipeline Facility Owners 1997-2001 Consultant Technical and Management Advisor for Trenohless Technology in Gas & Water Industries. Project type consisted of oily gas, water and sewage pipelines; intermediate pumping stations, structural steel fabrication; anti -corrosion linings to fuel .storage tanks and tank bund areas, pipeline setting out; quantity surveying; pipeline testing, pigging, NDT inspection and reporting; directional drilling„ thrust boring and tunneling; site construction manager for BP, pipe bursting teams; agellning; deep trenching,- technical advice. Clients included British Gas, British Petroleum, Shell UK, Esso Petroleum, Essex mater, Wessex Water, NW Water AJM Pipelines -- South England 1999 Contracts Manager Project included 21krn (13 miles) Design/installation of Swagelining 600mm (24 inch) water transmission pipeline. London Borough of BromleyCouncil 1998 ContractsManager Project included I9krn (11.8 miles) Installation of Swagelining/pipe bursting 600mm (2 inch) water transmission main, Cellcote UK Ltd Contracts Manager Projects included fiord, Dagenham Installation of process equipment -body spray production line; Dupont, Londonderry - Installation of chemical -resistant lining to process areas and tank bunds. Mayer 1 Page 977 of 1360 William rens and Son Ltd, ZA Berry t m Trade Foreman Installation of underground and aboveground pipeline systems Team Leader Installation of underground gas distribution pipellnes REGISTRATIONS & CERTIFICATIONS • Certified Underground Utility v ti n Contractor, Florida • Certificate for Engineering Distribution (Gas), City & Guildsf London • Advanced Training Certificate, ATSSA, Florida to ucaater Technical Collage, Gloucester, England, 1981 Page 978 of 1360 f • Chairman's Award, AWWA, Florida, 2002 • Underground Construction `7echn l r y Association Most Valuable Professlonal, 2010 International Pipe Bursthig Association, since 2009 * NASSCO Water Advisory Panel, alae 2011 Building & Construction, Ott. Alban s 'f echni al Co lege, Hertford b Sire, 1981 Cas and hater Training, Bishops Stortford College, 1982 O Testing of Pipe and Steel Work, 1987 Cathodic Protection of Pipelines, 1990 Foot Work Permit, Gas -free Tank and Pipe arks, British Petroleum -1995 Electricity & Fibre Optic Cable Safe Working Practice, Morrison Construction Lid -1997 Management Training, New Roads & Street Works, City & Guilds of London, 1998 Certificate of Training, Plantma ter Certo No.. 990527003, A„ . Bartholomew Co, Ltd, —1999 Page 979 of 1360 Todd M. Grafenauer Over 15 plus year's of experience. in the pipeline industry with a focus on trenchless technology solutions in the Ur -Red States, Canada, Mexico, Europe and Middle East Instructor and Published: NASTT, AWWA, American Society of Civil Engineers, Clean Water Agencies, Water Environment Association, Underground Construction Technology, Infrastructure Advanced Technology, Plastic Pipe Institute Recognized proponent and authority of pipeline consulting and trenchless technologies supporting client pipeline projects providing expertise in education, consulting, feasibility studies, at analysis, design and constniction, technical researchlreporting and product development BBA, Engineering, Economics and Finance, University of Wisconsin - Milwaukee INSTRUCTOR BOARD OF DIRECTORS Plastic Pipe Institute Municipal Advisory Board Page 980 of 1360 PROFESSIONAL AFFILIATIONS AWWA, PPI, ASCE, NASSCO, l MSTT NASTT, NAGC, WEF, NACE TRENCHLESSTECHNOLOGY SPECIALIST Murphy Pipeline Contractors, Inc. 2002 - Current Educational Director Consultant, Advisor, Educator, Advocate for potable, reclaimed, sewer, brine, gas, hydrocarbons and mining pipeline constniction and renewal methods via trenchless technologies such as pipe jacking, horizontal directional drilling, pipe ramming, compaction methods, slip -lining, pipe bursting, Swagellning renewal, CIPP and live main insertions. Primary pre -engineering and pre -construction contact for determining Murphy Pipeline Contractors, Inc. appropriate participation in a client's trenchless construction pipeline renewal and installation program. Conceptualizes suitable and cost-effective combination of trenchless technologies to achieve clients overall goals. Provides expertise in design, consulting, feasibility studies, cost analysis, technical and guideline specification writing and review, contract negotiations, education and technical research and reporting, product research and development, construction and co-ordination. Page 981 of 1360 PROFESSIONAL Q July 2011 to August 2012 Layne Heavy Civil / Reynolds Fairburn, as April 2009 to July 2011 Posplech Contracting, Inc. Inverness, FL May 2007 to April 2009 Barron Contracting, Inc. Jacksonville, FL Barron 1 Page 982 of 1360 May 1994 to May 2007 May 1992 to May 1994 01m, Jensen Civil Construction, Inc. Jacksonville, FL Arnerlseal Jacksonville, FL Supervisor/Project Engineer: Responsibilities: Supervision of heavy highway construction projects. Managed field crews. Preparation of estimates for state (FDOT) and city projects for review by Owner. Monitored Inventory of materials for management. University of Florida Gainesville, FL Bachelor of Science/Finance Page 983 of 1360 Bert P. Williams Professional Expei Wnce Murphy Pipeline Contractors, Inc. — Jacksonville, FL 2012 -Present Superintendent Lead construction crew engaged in the rehabilitation of water and wastewater pipelines through the use of pre -chlorinated pipe bursting methods. W.G. Yates Construction — Jacksonville, FL 9AIA-9n,14 OPeratorlForeman Oversee over 20 employees with multiple crews including operators, carpenters, tail men, pipe fitters, and pipe fusers. Responsible -for meeting deadlines, firriecards, daily reports, and ensuring high quality of work with safety in the forefront, Insituform Technologies —Jacksonville, FL 1995-2004 OperatorlForeman Led a construction crew in the installation and repair of underg , round utilities, including the finishing, grading, and all labor entailed on various projects, REGISTRxnONS & CERTIFICATIONS Page 984 of 1360 Wor rimer, W, Johnny .'" r Professional Experience Murphy Pipeline Contractors, Inc. Jacksonville, FL 2009 -Present Foreman Led e construction crew in the installation and repair of underground n utilities, IruoWdin the finishing, grading, and all labor entailed on various s projects. Environmental Pipeline Rehabilitation — Hoboken, GA 2004-2009 i elayerar Align and position pipe to prepare them for welding or sealing, Oast pipes to required lengths. Dig trenches to desired or required depths, by herd or using trenching tools. Cover pipes with earth or ether meteriele„ Southeast Pipe Survey — Patterson, GA 2001-2004 Camera Operator Operator of a robotic camera used in the inspection of utility pipelines to assess pipe conditions. REGISTRATIONS CERTIFICATIONS • Butt and Efectrofusion Training • Ot. • CPR and First Aid • OSHA • Confined Space • Utility Flagger Pierce County I°°lighs Blackshear, GA, 1997 Page 985 of 1360 Coversheet ima City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 5/5/2020 Page 1 of 1 7.B. CONSENT BIDS AND PURCHASES OVER $100,000 5/5/2020 Requested Action by Commission: 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 May 05, 2020 -"Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION SOLICITATION RENEWAL AMOUNT 5-05-20 100K+ REQUEST FOR BID EXTENSIONS OF NUMBER TERM 20 O dkd gllJ SOLICITATION p 6;''...._y�«r;rl Renewal Interest Letter (Murphy Pipeline Contractors Inc) Executed DANA Safety Emergency Piggyback City of $400,000 Equipment for Miami ContractJANUARY Annual Law Enforcement No. 516388 25, 2020 Estimate Vehicles THROUGH 'JANUARY 24, 2021 * Killebrew, Inc. Pre -Chlorinated City ITB No. 036- May 17, $2,000,000 Pipe Bursting of 2821-16/TP 2020 to May Annual • Murphy Potable Water 11 16, 2021 Estimate Pipeline Mains Contractors, Inc. 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: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description o Add,,nindi,ai 5-05-20 100K+ REQUEST FOR BID EXTENSIONS Dxd,d e a dui,. DANA Safety & COBB Piggyback Renewal SIGNED LETTER 1-28- 20 O dkd gllJ City of Miami Contract Renewal with Dana Safety - Exp 01-24-21 p 6;''...._y�«r;rl Renewal Interest Letter (Murphy Pipeline Contractors Inc) Executed 04-16-20 D bddendui r Renewal Letter - Signed by Killebrew 4-17-20 https:l/boyntonbeach.novusagcnda.comlAgendaPublicICoverSheet.aspx?ItemlD=7585&Me...Pegtl Mof 1360 April 17, 2020 BID: PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID No.: 036-2821-161TP CURRENT AGREEMENT TERM: May17,2019THRUMayi6,2020 Agreement between the City of Boynton Beach and Killebrew, AGREEMENT RENEWAL TERM: MayI7,2020THRUMayI6,2021 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) ...... Killebrew, Inc. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE (please print) BA—TE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 987 of 1360 April 16, 2020 BID: PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID No.: 036-2821-16ITP CURRENT AGREEMENT TERM: May 17, 2019 THRU May 16, 2020 Agreement between the City of Boynton Beach and Murphy Pipeline Contractors, Inc.: AGREEMENT RENEWAL TERM: May 17, 2020 THRU May 16, 2021 Andrew Maier m NAME OF REPRESENTATIVE (please print) _Aril_16th, 2020 DATE and mQmurhyiRelines.com E-MAIL President TITLE 904-764-6887 (AREA CODE) TELEPHONE NUMBER Page 988 of 1360 U Q C09 C) 00 M L Om Z) W D 2 V) -1-J L -1-J V) X V) 19 �I— O -1-J ._ 73 73 2 vi 73 O V 4-J V) -1-J ;� V ��J Y=; '� �� W f� � /i � ;�: �� f �� "" p;AVO � I ��W l��ie� �1��1,�f /ff�f� �� Jr �/� %y/ '. j /� Ips � � la, I 1 � III J� � M��l/ "/ �, �� I p �J-�� IJJ, 1�N�% �� it � �� 's�� W' (r (�'W. � j Nf �/f�/ � / ��. ��/%ii� � ��l ��1 �1 / �� l SIV J � ia) � 4�� II� � i yi �( 'ii„� / L �/ � j �� ll f "il IJQ r" V SII �� ilYif / /�l f�� Ind �I�/ 1�� / �i� I � � �/ � Ali / // l Il r., / /Il �� / � f 7.C. Requested Action by Commission: 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 6, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM GT SUPPLIES, Front Load Container 027-2515-19/MFD May 8, 2021 $105,000 INC. and Roll -Off Repairs through May 7, 2022 MacMILLAN OIL Bulk Gasoline and Delray Beach Bid June 7, 2021 $1,000,000 COMPANY Diesel Fuel #2017-047 through June 6, 2022 ALL COUNTIES Citywide Painting 013-2511-19/IT July 3, 2021 $250,000 PAI NTI NG AND Services through July EAGLE PAINTING 2, 2022 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 997 of 1360 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Attachirneint D Attachirneint D Attachirneint D I etteir D Attachirneint D Attachirneint Description Bid E)deinsbin and IRiggy lbaclks oveir $1 00k (3) T SLA�P�PlkDs agireeirneint tc..) reinew, Deiray Beach If einew foir IBL.adk F:::L.J(D�l Eirnaill firoirn COBB tc..) IDeiray Beach Al COLAinties Agireeirneint tc..) reinew, EaOe Painting Agireeirneint tc..) reinew, Page 998 of 1360 REQUESTING DEPARTMENT.- Public Works DEPARTMENT CONTACT: Davidson Monestime TERM: May 8, 2021 through May 7, 2022 SOURCE FOR PURCHASE: City Bid 027-2515-19IMFD ACCOUNT NUMBER: 431-2515-534-46-93 VENDOR(S): GT SUPPLIES, INC. ANNUAL ESTIMATED EXPENDITURE: $105,000. DESCRIPTION: City Commission approved a two-year agreement with GT Supplies on May 7, 2019 for the repair of dumpsters and roll -offs on an "as needed" basis. The bid allows for three (3) one-year renewals with the same terms, conditions, and pricing. Public Works has been satisfied with GT Supplies repairs and requested the one-year extension. GT Supplies has agreed to renew the bid for a one-year term. Prior Year Expenditures: FY 2020:$105,629. 00 FY 2019: $101,758. 00 FY 2018: $24, 000.00 REQUESTING DEPARTMENT.- Fleet DEPARTMENT CONTACT: Bill Darty TERM: June 7, 2021 through June 6, 2022 SOURCE FOR PURCHASE: Delray Beach Bid # 2017-047 ACCOUNT NUMBER: 501-0000-141-20-00 VENDOR(S): MacMillan Oil Company ANNUAL ESTIMATED EXPENDITURE: $1,000,000 DESCRIPTION: The City of Boynton Beach has been piggybacking the City of Delray Beach Bid Award for Bulk Gasoline and Diesel Fuel with MacMillan Oil Company. Commission last approved the one-year bid extension on May 19, 2020. This bid was renewed by the City of Delray Beach for the final term of June 7, 2021 through June 6, 2022 with the same terms and conditions. Prior Year Expenditures: FY 2020:$916,484.33 FY 2019: $1,125,670.65 FY 2018: $1,060,713.39 REQUESTING DEPARTMENT.- Public Works DEPARTMENT CONTACT.- Gail Mootz TERM: July 3, 2021 through July 2, 2022 SOURCE FOR PURCHASE: City Bid 013-2511-1911T ACCOUNT NUMBER: Multiple Accounts VENDOR(S): All Counties Painting and Eagle Painting ANNUAL ESTIMATED EXPENDITURE: $250,000 DESCRIPTION: On July 2, 2019, City Commission approved the Bid award for "Citywide Painting Services Pre -Qualified Pool' to the two most qualified companies. This renewal will allow the City to continue to complete painting projects in a timely manner with professional and experienced painting companies. All Counties Painting and Eagle Painting have agreed to renew this bid with the same terms, conditions and pricing for an additional one-year term. Prior Year Expenditures: FY 2020:$181,288.60 FY 2019: $14,692.85 The City , Bounton i` Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 24, 2021 Mr. Todd Roesch GT Supplies, Inc. 7010 Barbour Road Riviera Beach, FL 33407 VIA E-MAIL TO: trL@gtsupplies.com BID: FRONT LOAD CONTAINERS AND ROLL OFF REPAIRS BID No. 027-2515-19/MFD R : � 11 . �.YJ s Dear Mr. Roesch: The current bid term for "Front Load Containers and Roll Off Repairs" is expiring on May 7, 2021. We have been pleased with GT Supplies service. The bid documents allow 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 alibrandii agbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Julie Alibrandi at (561) 742-6318. Thank you for your consideration. Sincerely, ,.t Mara Frederiksen Director of Financial Services c: Davidson Monestime, Solid Waste Manager Adrianna Greco-Arencibia, Assistant to PW Director File America's Gateway to the Gulf Stream Page 1001 of 1360 The City of Bounton Beviral Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 24, 2021 BID: FRONT LOAD CONTAINERS AND ROLL OFF REPAIRS BID No. 027-2515-19/MFD Agreement between the City of Boynton Beach and GT SUPPLIES, INC.: 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) GT SUPPLIES, INC. NAME OF COMPANY Todd Roesch NAME OF REPRESENTATIVE (please print) 2/25/2021 DATE Irrosinq 011010115-13WRINA I :a jyj FAI I SIGNATOREO' President TITLE (561) 881-8101 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 1002 of 1360 Frank SaIdana, Mianager MacMillan Oil Company, ILLC 2955 East 1 1'h Ave. Hialeah, Florida 33013 In accordance with the terms and conditions of the subject Contract, the Contract may, by mutual consent of the parties, be renewed for one two-year period, The City would like to exercise the option to renew this Contract for the additional term effective June 7, 2020 at the existing pricing, terms and conditions, Please indicate your consent to renew this Contract by having an officer of the firm execute the acceptance portion below and returning this letter by email to: Natasha Tucker at tuckern@mydelraybleach.1com. Upon execution below by your firm's authorized representative, this letter will be your official notice that the contract has been extended for ione-year and no additional documentafion will be required, Please be sure that any required Insurance Certificates are up to date and attached to yiourresponse, 4i J Contractor's Comments: cc; Public Works IT 2017--047, Bulk Gasoline and Diesel Fuel ACCEPTANCE B........... ',,,,O,ffjcial Signature 1A Name Title Date Page 1003 of 1360 Alibrandi, Julianne From: Tucker, Natasha <TuckedN@mxdo| h.cum> Sent: Wednesday,March 10'2021 1:30 PM To; A|ibmndi'Ju|ianne Cc: Pinto Khsteena Subject: RE: Bulk Gasoline and Diesel Fuel Hi Julianne, Itwas great speaking with you. As discussed, the bulk gasoline and diesel fuel agreement was renewed for 2 years ending 6-6-22. Please note this is the final renewal. Let me know if I can be of further assistance. From: AJUorendiJulianne <A|ibnandij0Dbhfl.us> Sent: Wednesday, March 1D,2D3111:66AM To: Tucker, Natasha «TuckmrN@nnyde|raybeach.comm> Cc: Pinto, Kriyteena<PintoK@bbf|.uy> Subject: Bulk Gasoline and Diesel Fuel be��* _ This email originated from outside nfThe City of DelrayBeaoh recognize the sender and -know- the - conte n -t is safe. Hello Ms. Tucker, Donot click links oropen attachments unless you . I am renewing several bids and contracts that are up for renewal for the City of Boynton Beach, According to their bid spreadsheet, the agreement with MacMillan Oil Company and the City of Delray Beach expires on June 6, 2021, but when I read your letter to MacMillan asking them to renew, you referenced a PM @L,renewal which would expire June 6, 2022. Please tell me if I am correct in assuming that this extension expires June 6, 2022 and if so, please send me documentation for that extension. I would still need to take this back to Commission since last year the Purchws4vL7 11111111!!1l lo; 1111 ]u|ke4|ihrandi Page 1004 of 1360 The City of Boynton Beach March 11, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 Mr. George Terwilliger All Counties Painting, LLC 4341 SW 73 Terrace Davie, FL 33314 VIA EMAIL TRANSMITTAL TO: h2opressure@bellsouth.net BID: CITYWIDE PAINTING SERVICES — PRE -QUALIFIED POOL BID No.: 013-2511-19/IT CURRENT AGREEMENT TERM: JULY 3, 2019 THROUGH JULY 2, 2021 Dear Mr. Terwilliger The Bid for "Citywide Painting Services — Prequalified Pool' expires July 2, 2021. The Bid allows for three additional one-year extensions. The City of Boynton Beach is pleased with your services and would like to extend the Bid for a one-year extension with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to alibrandiieftfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. Sincerely, I*k*- alt.4 Mara Frederiksen Director of Financial Services C: Gail Mootz, Project Supervisor Adrianna Greco-Arencibia, Assistant to PW Director Kristeena Pinto, Purchasing Manager America's Gateway to the Gulf Stream Page 1005 of 1360 The City of BakmtonrRe7ucir. Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-5310 FAX. (561) 742-6316 March 11, 2021 BID: CITYWIDE PAINTING SERVICES — PRE -QUALIFIED POOL BID Agreement between the City of Boynton Beach and ALL COUNTIES PAINTING: BID RENEWAL TERM: JULY 3,2021 THROUGH JULY 2, 2022 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) George Al Terwilliger NAME OF REPRESENTATIVE (please print) 03112/2021 DATE h2opressure@bellsouth.net E-MAIL T, SIG TUBE Vice -President TITLE 954-445-8033 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 1006 of 1360 The City of BoyntonBeach March 11, 2021 Finance/Procurement Je/vices P.O. Box 310 Boynton Beach, Florida 33425-03.10 Telephone No: [561)742'6320 F4>t /561/743-6J26 Mr. John Field J & J Inc. d/b/a Eagle Painting 1OO62NVV5OmStreet Bunhae.FL 33351 VIA EMAIL TRANSMITTAL TO:com BID: CITYWIDE PAINTING SERVICES — PRE -QUALIFIED POOL BID No.: 013-251149/U' CURRENT AGREEMENT TERM: JULY 3, 20/9 THROUGH JULY 2, 2021 Dear Mr. Field: The Bid for "Citywide Painting Services — Prequalified Pool" expires July 2.2021. The Bid allows for three additional one-year extensions. The City ofBoynton Beach iapleased with your services and would like to extend the Bid for a one-year extension with the same terms, conditions and pricing. Please indicate your response on the following page and rab/nn it to Procurement Services via email to at your oadkaot convenience. If you should have any queeUone, please do not hesitate hocall Julie A|ibnandiat(5O1)7424}318. Sincerely, 1*kAL Ci j, Mara Frederiksen Director ofFinancial Services C: Gail K400tz. Project Supervisor AdhanneGreoo-Arenuibie.Assistant toPVVDirector Khob*anaPinto. Purchasing Manager America's Gateway to the GulfStream Page 1007Of1360 The City of Boynton Beach March 11, 2021 FinancelProcurement Services f.(IBox 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (562)742'6B16 BID: CITYWIDE PAINTING SERVICES — PRE -QUALIFIED POOL BID No.: 013-2511-19/D' Agreement between the City ofBoynton Beach and J& J d/b/a EAGLE PAINTING: BID RENEWAL TERM: JULy3L2001THROUGHJULYZ2022 Yee' | agree to renew the existing agreement under the same herms, condidona, and pricing for anadditional one-year term. No, I do not wish to renew the bid for the following reason(s) [` NAME OF REPRESENTATIVE (please print) NGNATURE TITLE 95�174(o-7300 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 1008 of 1360 7.D. Requested Action by Commission: Proposed Resolution No. R21-036 - Award Bid No. 002-2511-21/RW, Harvey E. Oyer Jr. Park Marina Boat Ramp I mprovement Project, and authorize the City Manager to sign an agreement with to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the amount of $967,538.00 plus contingency amount of $232,462.00 for a total estimated amount of $1,200,000.00. Explanation of Request: On February 5, 2021, Procurement Services issued a bid for "Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project" with a mandatory Pre -Bid Conference and Site visit held on February 11, 2021 to review the project with interested and qualified contractors. The scope of the work includes all labor, equipment, tools, materials and permitting for the repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway at Harvey E. Oyer Jr. Park located at 2010 N Federal Highway, Boynton Beach, Florida 33435. On March 12, 2021, Procurement Services opened bids from three (3) bidders. After reviewing the three (3) bids submitted, Purchasing verified that all three bids were responsive to the bid requirements, possess the requisite licenses and have the capacity to obtain the requisite insurance and payment or performance bonds. Public Works Department, Engineering/Facility staff recommended the project be awarded to the lowest responsive and responsible bidder Anzco, Inc. How will this affect city programs or services? The boating community and the users of this facility have stated that the four (4) boat ramps have become difficult to use due to the current surface conditions. These conditions include both surface materials and the slope of each ramp. This project will directly improve the use of the City facility. Initially staff believed that the boat ramps could remain open during construction, but after receipt of the bids and refinement of the scope of work, the boat ramps will need to be closed for approximately (2) months to efficiently reconstruct the ramps and provide the least amount of disruption to boaters. As part of the ramp closure, staff is recommending delaying the issuance and pro -rating the annual rate of the boat trailer parking permits relative to the time that the ramp will remain closed. Staff anticipates the closure to begin October 1st, 2021 and partially reopen on December 1st, 2021. Staff will provide ample notice to the public via signage at the park, social media and direct communications with permit holders. Due to the long lead time required for materials (i.e: gangways, docks, ramps, etc.), construction of the project cannot begin until 10/1/2021. Further, in an effort to reduce the City's costs, the direct purchase of materials requires 50% down -payment at time of order, but will save the City over $10,000.00 in sale tax. All direct purchases of materials will be made by the City with funds specifically allocated for the construction of this Project. Page 1009 of 1360 Fiscal Impact: Budgeted Funds are included in the adopted CIP budget 302-4211-572.63-05 Project# RP2131 FY 20/21 - $600,000.00 (Florida Inland Navigational District) Grant FY 21/22 - $600,000.00 Alternatives: City Commission can reject all bids and direct the City Manager to resolicit these services. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Agireeirneint D Bid D AddeindUlirn D a lha Sheets D Attachirneint Description IRESOkAtioin aw.."irding IBlid 002 2511 21 Oyer IFla irk �Boat lRairnp Agireeirneint Ainzco, Inc- linvitation tc..) Bid AddeindUlirn I 1 fl'.-".ibLA�atioin Sheet SL.Jbirnftta...Ainzco, Inc - Page 1010 of 1360 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVE AWARD OF BID NO. 002-2511-21/RW, HARVEY E. 5 OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT 6 PROJECT, AND AUTHORIZE THE CITY MANAGER TO SIGN AN 7 AGREEMENT WITH TO ISSUE A PURCHASE ORDER TO ANZCO, 8 INC. OF BOCA RATON, FL AS THE LOWEST RESPONSIVE, 9 RESPONSIBLE BIDDER IN THE AMOUNT OF $967.538.00 PLUS 10 CONTINGENCY AMOUNT OF $232,462.00 FOR A TOTAL 11 ESTIMATED AMOUNT OF $1,200,000.00; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on March 12, 2021, Procurement Services opened three (3) bids in 15 response to the Bid for "Harvey E. Oyer Jr Park Marina Boat Ramp Improvement Project"; 16 and 17 WHEREAS, after reviewing the three (3) bids submitted, Purchasing verified that 18 all three bids were responsive to the bid requirements, possess the requisite licenses and 19 have the capacity to obtain the requisite insurance and payment or performance bonds; 20 and 21 WHEREAS, Public Works Department, Engineering/Facility staff recommended 22 the project be awarded to the lowest responsive and responsible bidder Anzco, Inc; and 23 WHEREAS, the City Commission of the City of Boynton Beach upon 24 recommendation of staff, deems it to be in the best interest of the citizens and residents to 25 approve the Award Bid No. 002-2511-21/RW, Harvey E. Oyer Jr. Park Marina Boat Ramp 26 Improvement Project, and authorize the City Manager to sign an agreement with to issue 27 a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible 28 bidder in the amount of $967.538.00 plus contingency amount of $232,462.00 for a total 29 estimated amount of $1,200,000.00. 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 S:ACA\RBSO\Agreements\Award of Bid for Oyer Park Marina Boat Ramp - Reso.docx Page 1011 of 1360 1 as being true and correct and are hereby made a specific part of this Resolution upon 2 adoption. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the Award Bid No. 002-2511-21/RW, Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project, and authorizes the City Manager to sign an Agreement with to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the amount of $967.538.00 plus contingency amount of $232,462.00 for a total estimated amount of $1,200,000.00. A copy of the Agreement is attached hereto and incorporated herein as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of April, 2021. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RBSO\Agreements\Award of Bid for Oyer Park Marina Boat Ramp - Reso.docx Page 1012 of 1360 HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT CONSTRUCTION CONTRACT THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Anzco, Inc., hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Contractor is retained by the City to provide Harvey E. Oyer Jr. Park Marina Boat Ramp Improvements. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated March 11, 2021, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT Bid Number: 002-2511-21/RW the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: NINE HUNDRED SIXTY-SEVEN THOUSAND AND FIVE HUNDRED THIRTY-EIGHT DOLLARS - $967,538.00 1.0 SCOPE OF SERVICES 1.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 1.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 1.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PC -1 - 4 A4 P -r4' 0 materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 1.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 1.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 1.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 1.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 1.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 1.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 1.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 2.0 TIME FOR PERFORMANCE 2.1 Work under this Agreement shall commence upon the giving of 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. 3.0 CONTRACT TIME Contractor must commence work on a date to be specified in a written "Notice to Proceed" of the CITY and to be fully complete 180 calendar days for substantial completion and Final Completion shall be within 30 consecutive calendar days thereafter. 3.1 Upon failure of Contractor to obtain Substantial Completion within the deadline stated, plus approved time extensions, Contractor shall pay to City the sum of $1,000.00 for each calendar day after the deadline for Substantial Completion, plus any approved time Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project extensions, until Substantial Completion is obtained. After Substantial Completion, should plus approved time extensions thereof, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this contract on time. 3.2 The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ and that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 PROTECTION OF EXISTING FACILITIES 4.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 4.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other CITY or CITYs of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, CITY or CITYs for the removal and replacement or protection of such property or utilities. 5.0 INDEMNIFICATION 5.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project CONTRACTOR has incorporated in this original bid, which constitutes the contract sum support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 5.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 5.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 6.0 PAYMENT BY CITY 6.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 6.2 PROSECUTION OF WORK The work shall be prosecuted at such time or in or on such part or parts of the project which such forces of workmen, materials and equipment as may be ordered by the Architect in writing, to complete the project as outlined in the drawings, specifications, Contract and schedules, including such detailed drawings as may be furnished by the Architect from time to time during the prosecution of the work in explanation of said drawings. If at any time the materials and appliances to be used appear to the Architect as insufficient or improper for securing the quality of work required, or the required rate of progress, he may order the Contractor to increase his efficiency or to improve the character of his work. The Contractor shall conform to such an order. The failure of the Architect to demand any increase of such efficiency or any improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress necessary to complete the work within the limits imposed by the Contract. The Contractor shall perform the work and take such precautions as he may deem necessary to complete the project so all work will be in first-class and acceptable conditions within the Contract time according to schedule. b. If the Contractor desires to carry on work at night or outside the regular hours, he shall submit application to the CITY, but he shall allow ample time to enable satisfactory arrangements to be made for inspecting the work in progress. The CITY could grant permission unless local regulations prohibit such work. If granted permission, he shall complywith all regulations and legal requirements. Contractor shall be responsible to pay for all inspection services outside of regular hours at a rate of $100/hr. 6.3 WORKMANSHIP, MATERIAL AND WORKMEN a. Unless otherwise stated in the detailed specifications, all workmanship, materials and articles incorporated in the work covered by this Contract shall be of the most suitable grade of their respective kinds for the purpose and acceptable to the Architect. The Architect shall decide the question of quality where the expression "or equal" is used in the specifications following reference to a specific manufacturer of equipment or materials. When and to the extent required by the specifications or by the Architect, the Contractor shall furnish the Architect for review, full information concerning the materials or articles or methods of work which he contemplates incorporating the work. Samples of materials shall be submitted for review when requested. Machinery, materials, articles installed or used, or unusual methods of work used without such review shall be at the risk of subsequent rejection. b. The CITY may require the Contractor to remove from the work such employees as Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project the CITY deems incompetent, careless, insubordinate, or otherwise objectionable, interest. 6.4 DELAYS AND EXTENSION OF TIME a. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the CITY or his employees, or by any other Contractor employed by the CITY, or by changes ordered in the work, or by strikes, fire, lockouts, unusual delay in transportation, unavoidable casualties or by delay authorized by the CITY pending arbitration, or by any cause which the CITY shall decide to justify the delay, then the time of completion may be reasonably extended by the CITY. b. No extension shall be made for delay unless notice of a claim is made by the Contractor in writing to the Architect within seven days of the event or incident causing the delay. If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until two weeks after demand in writing for such drawings and not then unless such claim is reasonable and otherwise provided by "Notice" as defined in the General Condition for Construction. In the event of any delay in the project caused by any act or omission of the City, its agents, or employees, the sole remedy available to Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by any act or omission of the City, its agents or employees. For the purpose of this section the phrase "the City, its agents and employees" shall include but shall not be limited to the Architect, Project Supervisor, and consulting Architects. This article does not exclude the recovery of damages by the City for delay caused by Contractor under other provisions in the Contract Documents 7.0 CHANGES IN THE WORK 7.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 7.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 7.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. b. Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Changes in the work directed in writing by the CITY'S Representative under the Order e. Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 7.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: a. By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or b. If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. a.) The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. b.) The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. c.) Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. d.) In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. e.) In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. f.) In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. g.) For special equipment and machinery such as power driven pumps, concrete Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project mixers, trucks, and tractors, or other equipment, required for the economical payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. h.) Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 7.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 7.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. E:li=i1gT/01M&IMIIW_I0119111:*001a91616111f•I=110116y 8.1 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. 9.0 COMPLIANCE WITH LAWS 9.1 Contractor 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. 10.0 INSURANCE 10.1 The Contractor 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. 10.2 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 Citywithin fifteen (15) days of execution of this agreement. 11.1 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. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project The City shall not be responsible for withholding or otherwise deducting federal income tax assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 12.0 COVENANT AGAINST CONTINGENT FEES 12.1 The Contractor warrants that he 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 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. 13.0 DISCRIMINATION PROHIBITED 13.1 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. 14.0 ASSIGNMENT 14.1 The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 15.0 GUARANTEE AND WARRANTIES 15.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 16.0 TERMINATION OF CONTRACT 16.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: a. Complete the contract in accordance with its terms and conditions, or Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project b. Obtain a bid or bids for completing the contract in accordance with its terms and responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 17.0 CONTRACT CONTROLS 17.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 18.0 TIME OF ESSENCE 18.1 In as much as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 19.0 REMEDY FOR DELAY 19.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 19.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 19.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 19.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Engineer, project manager and consulting Engineers. 20.0 NON -WAIVER 20.1 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. 21.0 TERMINATION 21.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Contractor. 21.2 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 Contractor 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 Contractor and the City, if the City so chooses. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 22.0 DISPUTES 22.1 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. 23.0 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: Anzco, Inc. 9671 Carousel Circle S Boca Raton, FL 33434 Attn: John Zak 561-699-3602 24.0 INTEGRATED AGREEMENT 24.1 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. 25.0 PUBLIC RECORDS 25.1 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 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. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-10 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 AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 26.0 E -VERIFY 26.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-11 challenge to termination under this provision must be filed in the Circuit Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 27.0 SCRUTINIZED COMPANIES - 287.135 AND 215.473 27.1 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. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-12 "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 same agreement among the parties. A facsimile signature shall constitute an original signature for all purpose." IN WITNESS WHEREOF, the parties have hereto 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 ANZCO, INC Lori LaVerriere, City Manager (Signature), 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 Witness Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-13 KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement PFB- 1 7 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvev E. Over Jr. Park Marina Boat Ramo Improvement Pro iect PFB- 2 Signed and sealed this day of 12021. Witness Witness Bid No. 002-2511-2 Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD E. Over Jr. Park Marina Boat Ramo I PFB- 3 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 20207 entered into a contract with Owner for accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB-1 performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 2 notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 3 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of , 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Affiant Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project WT- 1 M City of Boynton Beach Risk Management 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 I060JCL1010We101TlMO YA NO LATER THAN MARCH 11, 2021) 2:30P.M. THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: FEBRUARY 25, 2021 (a- 2:30 P.M. HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW TABLE OF CONTENTS Table of Contents Noticeto Bidders...........................................................................................................1 -3 Scopeof Services.............................................................................................................................. 4 - 6 Technical Specifications..................................................................................................7 79 Instructions to Bidders....................................................................................................8-20 80 General Conditions for Construction...................................................................................21 -67 Special Terms and Conditions..........................................................................................68 Bidders Submission Requirements.....................................................................................................69 BidForm.......................................................................................................................70-71 BidProposal........................................................................................................................................72-73 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Bidder's Qualifications Statement...................................................................................................... 74-77 Bidder's Site Inspection Confirmation................................................................................................ 78 Anti -Kickback Affidavit........................................................................................................................ 79 NonCollusion Affidavit....................................................................................................................... 80 Certification Pursuant to Florida STATUTE § 287.135...................................................................... 81 -82 E -Verify Form Pursuant to Florida STATUTE § 448.095.........................................................83-84 Draft Contract / Agreement..........................................................................................0-1 - C-14 PerformanceBond....................................................................................................PFB-1-PFB-3 PaymentBond.........................................................................................................PYB-1-PYB-3 Warrantyof Title.......................................................................................................WT-1 Insurance Advisory........................................................................................... Appendix "A"- — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Plans / Drawings Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project TOC The City of Boynton Beach NOTICE TO BIDDERS INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW Electronic bids shall be received by the bidding system up until: March 11, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified firm to provide repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway. This Bid is to establish a Contractor who can perform selective demolition, structural, architectural and site improvements associated with the reconfiguration of docking facility. The scope of work also includes all labor, equipment, tools, materials, and permitting for improvements at Harvey E. Oyer Jr. Park Marina Boat Ramp, 2010 N Federal Highway, Boynton Beach, Florida 33435. CONTRACTOR QUALIFICATIONS: Contractor must be licensed as a General Contractor for 5 years in the State of Florida. 2. The Contractor must be in business for the last five (5) years under the same name. 3. The firm must have successfully completed similar projects meeting the following requirements: A minimum of at least (3) three projects at a minimum of $350,000 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using forms under "Work History" for "Calendar Year 2018", "Calendar Year 2019" and "Calendar Year 2020." Bid No. 002-2511-21/RW— Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telenhnne: (.561)742-6323 NOTICE TO BIDDERS INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW Electronic bids shall be received by the bidding system up until: March 11, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified firm to provide repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway. This Bid is to establish a Contractor who can perform selective demolition, structural, architectural and site improvements associated with the reconfiguration of docking facility. The scope of work also includes all labor, equipment, tools, materials, and permitting for improvements at Harvey E. Oyer Jr. Park Marina Boat Ramp, 2010 N Federal Highway, Boynton Beach, Florida 33435. CONTRACTOR QUALIFICATIONS: Contractor must be licensed as a General Contractor for 5 years in the State of Florida. 2. The Contractor must be in business for the last five (5) years under the same name. 3. The firm must have successfully completed similar projects meeting the following requirements: A minimum of at least (3) three projects at a minimum of $350,000 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using forms under "Work History" for "Calendar Year 2018", "Calendar Year 2019" and "Calendar Year 2020." Bid No. 002-2511-21/RW— Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 4. The Contractor must have an adequate organization, facilities, equipment, and personnel to insure prompt and efficient service. The CITY reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The CITY reserves the right to reject bids where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the Bidder to perform. REFERENCES: Provide three (3) references from customers that you have contracted with to provide BOAT RAMP IMPROVEMENTS. NOTE: The information requested must include a current contact name, phone number and email address for each reference. A MANDATORY Pre -Bid Conference and site visit is scheduled for February 11, 2021, at 10:00 A.M. to be held at Harvey E. Oyer Jr. Park, 2010 N. Federal Highway, Boynton Beach, Florida 33435. Proof of attendance will be indicated by the Bidder's signature or their appointee on the attendance sheet provided at the Pre -Bid Meeting. The Mandatory Site Visit Form must be signed by a representative from the City and submitted with the Bid for the Bid to be considered "complete and acceptable". At the time of the bid opening, it will be presumed that each bidder has inspected the site and has read and is thoroughly familiar with the scope of work. The failure or omission of any bidder to examine anyform, instrument or document shall in no way relieve any bidder from any obligation in respect to this bid. ATTENTION ALL INTERESTED BIDDERS: A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 1 — SCOPE OF SERVICES 1.1 SCOPE OF SERVICES TO BE PERFORMED: The intent of this invitation to bid is to establish a Contractor who can perform rehabilitation of the Harvey E. Oyer Jr. Park Marina Boat Ramp. The boating community and the users of this facility have stated that the four (4) boat ramps have become difficult to use, due to the current surface conditions. These conditions include both surface materials and the slope of each ramp. The City of Boynton Beach is seeking bids to include all labor, equipment, tools, materials, and permitting for the repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway as illustrated in the Attachment A — Project Plans / Drawings. Due to environmental permitting regulation related to the modification of docking facility. All architectural and structural modifications have been clearly defined within these drawings. • Rework the existing four (4) boat ramps as required to improve their functionality from the standpoint of surface material and possibly ramp slope. • Replace the existing three (3) floating docks located in the marina area. • Rework and repair the driveway surfaces in the immediate areas located at the turn -around and the paved areas directly adjacent to the boat ramps. This will include the replacement of curbing and walkway that may be damaged during the modification described herein. • Remove existing landscape island. • Relocate coral to accommodate new boat ramps. The drawings and annotations included is for schematic purposes only and proposed to establish the criteria for the selective demolition, structural, architectural and site improvements associated with the reconfiguration of docking facility located at 2010 N Federal Highway, Boynton Beach, Florida. The Contractor shall perform all work required for a complete project including all appurtenances associated with this project. Each Bidder is responsible for becoming fully familiar with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the opening of bids, each Bidder shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to Bidder's bid. Nothing in this bid shall be interpreted or construed as relieving any Bidder of any obligation to conduct or attend a mandatory site inspection, as may be required and referenced elsewhere in these bid documents. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 1.2 TERM OF CONTRACT: The Bidder shall agree that if awarded the contract, the Bidder shall complete said work in accordance with the executed contract on the date to be specified in a written "Notice to Proceed" of the CITY. The scope of work shall be completed within 180 calendar days for Substantial Completion. And; Final Completion shall be within 30 calendar days of Substantial Completion. Substantial Completion is defined in the General Conditions for Construction. 1.3 CONTRACTOR RESPONSIBILITY: • Contractor(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications. • Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. • Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Contractor's personnel shall be in company uniform at all times while working on City property. • Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including following O.S.H.A Regulations. • Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified. • The Contractor shall provide all services and necessary items of expense, including but not limited to labor, material, trucking, transportation, equipment, power, supervision, and all other services and items of expense required for the complete performance of all Work. ➢ Pay legally required sales, consumer, and use taxes. ➢ Pay all charges by all suppliers and subcontractors to the Contractor for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the Contractor's operation. ➢ Pay all costs of restoration of pavements, landscaping, and structures damaged by the Contractor's operation, including all staging areas solely to the satisfaction of the City. ➢ Give all required notices. ➢ Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements of public or quasi -public authorities that bear on the performance of the work. ➢ The Contractor shall be responsible for safely barricading open excavations which may present hazards. ➢ The Contractor shall be responsible for securing all tools, equipment and material at the job site. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 1.4 COMMUNICATIONS: The contractor or his/her representative will meet with the City's designated representative at an agreed upon day or date to discuss schedules, problems, needs, and mutual areas of concern. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 6 6 HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 2 — TECHNICAL SPECIFICATIONS 2.1 TECHNICAL SPECIFICATIONS: EXISTING CONDITIONS AND SITE WORK • Selective Site Demolition • Debris Removal and Dump Fees • Final Cleaning P`nnlr'DCTC • Cast in Place Ramps, Landings, Pads, Curbing and Sidewalks • Concrete Cutting & Coring SPECIALTIES • (3) 6" x 70" Floating Ramp Staging piers • Aluminum Pile Guides • Miscellaneous — Cleats, Ladders, Gangways • New Concrete Pilings — 9 Total CADTu\n/nDLI • General Site Excavation and Finished Grading • Site Fill EXTERIOR IMPROVEMENTS • Driveway Paving — Asphalt Overlay Only • Driveway Paving Base and New Asphalt • Landscaping and Sodding • Miscellaneous, Curb Repair • Material and Compaction Testing Services • Surveying Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 6 M HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 3 - INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e -Procurement bidding system no later than: March 11, 2021 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beachebidsandtendersenet prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Bovnton-beachebidsandtendersenet. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at su2port bidsandtenders.net. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 14. Each Bidder, by submission of an BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. 15. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 16. 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. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 17. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 18. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 19. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 20. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 21. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 22. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project E. Supplied all necessary information in connection with the inquiry concerning responsibility. 23. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a pervious bid or on file with the buyer will not satisfy this provision. 24. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 25. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." d. Not completing the Bid Submittal Forms as required. 26. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas at the Bidders expense. 27. SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 10 submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 28. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY's Procurement Services Division. 29. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 30. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 31. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 32. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami -Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 33. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. 34. PAYMENT AND PERFORMANCE BONDS: For awarded bids of $25,000.00 or more, the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit or alternative means of security to protect the City from loss in the event of the Contractor's default in the performance of work which is subject of the award. Amount of such bond will be for 100% of the bid price submitted. The successful bidder will provide a Performance Bond for the duration of the work to be completed and for any and all extensions. 35. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to the City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. Attorneys -in -fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. 36. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 11 resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. 37. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. At times a purchase order will be issued in lieu of a contract agreement. 38. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety (90) days after the date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 39. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; the Bidder shall directed questions to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this Bid, no later than ten (10) days prior to the BID deadline. Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence" for more details. 40. 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. All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. 41. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 12 of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 42. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 43. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Contractors are encouraged to seek minority and women business enterprises for participation in sub -contracting opportunities. The City reserves all rights in order to make a determination as to the foregoing. 44. 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 Bidder's through the City's e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton - beach. bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 45. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 13 46. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 47. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by the Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 48. ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 49. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 50. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 51. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 52. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 53. 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. 54. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 55. 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 proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 14 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. 56. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 57. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals 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 vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and 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 vendor list". 58. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, bidder 5certifies that bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 Bidder 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 Bidder of the City's determination concerning the false certification. Bidder 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, Bidder 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 Bidder 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. 59. E -VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 15 a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 60. NON -COLLUSION AFFIDAVIT: Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 61. TRADE SECRET: Any language contained in the Bidder'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 Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder 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 Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder 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. 62. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 63. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal 64. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 65. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 16 66. 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, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 67. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 68. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 69. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 70. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 71. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 72. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 17 Price quoted shall govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 73. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 74. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the BID. 75. TIME OF DELIVERY: N/A The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. Concurrent to delivery of equipment, the items listed below shall be supplied for each different type or size of equipment and all bodies and accessory equipment installed or furnished. All of these manuals must be delivered with the equipment and normal delivery cannot be accepted until all items listed are supplied. 1. Operator's Manuals — Two (2) copies. These manuals shall provide complete operating instructions and routine lubrication and servicing instructions normally expected of the operator. 2. Maintenance and Overhaul (Shop) Manuals — Two (2) copies. These manuals shall provide complete lubricating and servicing instructions normally not expected of the operator, plus complete maintenance and overhaul instructions required of shop disassembly, inspection, rework test, reinstallation, and provide information on limits, tolerances and torque values. These shall normally include fully illustrated parts break -down for all parts and components. 3. Parts Manuals or Parts Lists — Two (2) copies. These items must cover each part of the component used in the supplied equipment. 4. Wiring and Piping Diagrams and brand names and part numbers of all component parts of equipment and items installed or furnished and not covered in the Manuals — Two (2) copies. 5. Manufacturer's Descriptive Literature, Drawings, and Specifications. Also, furnish factors for safety and toppling and for vehicle strength under worst conditions, if applicable — Two (2) copies of each. All equipment shall be completely assembled, adjusted, and clean. All standard equipment, and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items, and accessory equipment supplied by the equipment dealer, which are clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 76. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: ➢ Name and Address of Bidder Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 18 ➢ Contain the Bidder's Federal Employer Identification Number. ➢ A unique Invoice Number ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Date of Service(s) ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 77. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 78. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 79. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 80. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne bythe bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 81. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 82. 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 a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 19 Florida's Public Records Law. Specifically, the Consultant 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, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession 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 cost to the City, all public records in Consultant's possession All records stored electronically by Consultant 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 CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 83. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10. 16.01 provides for a local business preference "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 20 GENERAL CONDITIONS FOR CONSTRUCTION TABLE OF CONTENTS Article TITLE 6.16 Claims No. COVER Article TITLE TABLE OF CONTENTS No. 1. DEFINITIONS 6.17 Responsibility for Connecting to Existing 2. PRELIMINARY MATTERS Work 2.1 Delivery of Bonds and Insurance 6.18 Work in Street, Highway or Other Rights - Certificates of -Way 2.2 Copies of Documents 6.19 Cooperation with Governmental 2.3 Notice to Proceed Departments, Public Utilities, Etc. 2.4 Starting the Work 6.20 Use of Premises 2.5 Pre -Construction Conference 6.21 Protection of Existing Property 2.6 Site Mobilization Meeting Improvements 2.7 Progress Meeting 6.22 Temporary Heat 2.8 Pre -Installation Meeting 6.23 Schedule 2.9 Finalizing Scheduling 6.24 Continuing the Work 2.10 Submittals 6.25 Contractor's General Warranty and 3. CONTRACT DOCUMENTS Guarantee 3.1 Intent 6.26 Deletion/Oversight/Misstatement 3.2 References to Standards 6.27 Exceptions to Specifications 3.3 Review of Contract Documents 6.28 Silence of Specifications 3.4 Order of Preference 6.29 Quality 3.5 Amending Contract Documents 6.30 Conditions of Materials 3.6 Reuse of Documents 6.31 Disposal 4. SITE OF WORK 6.32 Occupational Safety and Health 4.1 Availability of Lands 6.33 O.S.H.A. 4.2 Reports of Physical Conditions 6.34 Conditions and Packaging 4.3 Physical Conditions - Underground 6.35 Underwriters Laboratories Facilities 6.36 Asbestos 4.4 Differing Site Conditions 6.37 Closeout Submittals 4.5 Reference Points 6.38 Temporary Barriers and Enclosures 5. BONDS AND INSURANCE 6.39 Environmental Controls 5.1 Bonds 6.40 Security Procedures 5.2 Insurance 6.41 Product Substitution Procedures 6. CONTRACTOR'S RESPONSIBILITIES 6.42 Field Samples 6.1 Contractor Status 7. OTHER WORK 6.2 Contractor Risk 7.1 Related Work on Site 6.3 Supervision and Superintendence 7.2 Coordination 6.4 Labor, Material and Equipment 8. CITY'S RESPONSIBILITIES 6.5 Concerning Subcontractors 8.1 Communications 6.6 Patent, Fees and Royalties 8.2 Furnish Data 6.7 Permits, Laws and Regulations 8.3 Payments 6.8 Taxes 8.4 Lands, Easements, and Surveys 6.9 Record Documents/Right to Audit 8.5 Change Orders 6.10 Safety, Protection and Emergencies 8.6 Suspension of WORK 6.11 Shop Drawings and Samples 8.7 Estimated Dollar Value 6.12 Site Clean-up 8.8 Quantities 6.13 Public Convenience and Safety 8.9 Additional Terms and Conditions 6.14 Sanitary Provisions 9. CONSULTANT'S STATUS DURING 6.15 Indemnification CONSTRUCTION MOM%=41:104141010 IN] I IM 0 I1014ZWJPA941:11I :7e1414171IN] IIM►R 9.1 CITY'S Representative 14.13 Reduction of Retainage Procedures 9.2 Visits to Site 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or Terminate 9.9 Decisions on Disputes 16. DISPUTE RESOLUTION 9.10 Inspections and Testing 16.1 Good Faith Effort 9.11 Limitations on CONSULTANT 16.2 Mediation 10. CHANGES IN WORK 17. MISCELLANEOUS 10.1 Authorized Changes 17.1 Giving Notice 10.2 Unauthorized Changes 17.2 Computation of Time 10.3 Execution of Field Change Order/Change 17.3 Notice of Claims Order 17.4 Cumulative Remedies 11. CHANGE OF CONTRACT PRICE 17.5 Accident and Prevention 11.1 General 17.6 Florida Products and Labor 11.2 Cost of the WORK 17.7 Employees 11.3 Contractor's Fee 17.8 Non -Discrimination 11.4 Cash Allowances 17.9 Drug -Free Workplace 11.5 Unit Price WORK 17.10 Public Entity Crimes 11.6 Omitted WORK 17.11 Assignment 12. CHANGE OF CONTRACT TIME 17.12 Venue 12.1 General 17.13 Funding Out 12.2 Liquidated Damages 17.14 CITY'S Purchasing Card 12.3 Reimbursement of Consultant Expenses 17.15 Debarment 13. TEST AND INSPECTIONS: 17.16 Requirements for Personnel Entering CORRECTION, REMOVAL OR CITY'S property ACCEPTANCE OF DEFECTIVE WORK 17.17 Product Recall 13.1 Notice of Defects 17.18 Rights to Bid Documents 13.2 Access to WORK 17.19 Severability 13.3 Tests and Inspections 17.20 Verification of Employment Status 13.4 Uncovering WORK 17.21 Abbreviations and Symbols 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures I1014ZWJPA941:11I :7e1414171IN] IIM►R ARTICLE 1 — DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter: The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter, within the time specified, the CITY may enter into a Contract. 1.5 Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder: Any person, firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4 "Clarifications and Interpretations" or orders minor changes in the Work in accordance with para. 10.1 "Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided. The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents: The Contract Documents establishing the rights and obligations of the parties and include the Contract, Contract/Bid, Addenda, CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award, when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Special Conditions, and the Drawings as the same are more specifically identified in the Contract, together shall all Written Amendments, Change Orders, Field Change Orders (change orders as a result of Field changes), and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format or text, data, graphics, and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY: A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. GC - 23 1.23 Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated, it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements: See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations, either federal, state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and the date the Contract Work to be completed. 1.29 Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 1.30 Project: The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative: The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder, Offeror, Quoter, or Respondent: An individual or business that has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent, Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation, or response, which conforms in all material respects to the solicitation, including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub -Bidder: One who submits a Bid to a Bidder. 1.38 Sub -Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub -Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes § 218.70 and § 218.735, the term Substantial Completion shall be as follows, in lieu of any other def nitiom a. "Substantial Completion" is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use, with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific as setforth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the CITY (on the basis of the CITY's evaluation as hereinafter provided) makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier: A manufacturer, fabricator, supplier, distributor, material man, or vendor. 1.43 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. b. Materially Unbalanced Bid: a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced GC -24 bid will result in the lowest ultimate cost to the CITY, or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work: Work to be paid for on the basis of unit prices. 1.46 Utilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum, telephone, or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. 1.47 Work: Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/ CONTRACTOR under the Contract Documents, including all labor, materials, equipment, and other incidentals, and the furnished thereof. 1.48 Written Amendment: A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2 — PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy (unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed, but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 1809 V Weis] M-11:11081181►1&Iaall0191 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten (10) days after the effective date of the Contract, but before any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals, obtaining permits and Plan of Operation and Critical Path Method (CPM) Schedule shall be reviewed and finalized. As a minimum, the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting, additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre -construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda: Distribution of Conformed Contract Documents, Confirmation based on prior submission (during Bid process) of the list of Subcontractors, list of Products, Project Safety Plan, Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, Change Orders, and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request, Boynton Beach Department of Engineering Right -of -Way Permit Procedure and Project Sign format will be distributed. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required: CITY, CONSULTANT, Special Consultants, and CONTRACTOR, CONTRACTOR's superintendent, and major Sub - Contractors. GC - 25 2.7 2.8 2.9 2.10 2.6.3 Agenda 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two (2) days after meeting to participants, with copies to all, participants including CONTRACTOR, and those affected by decisions made. PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. 2.7.2 Attendance Required: Job superintendent, major Sub -Contractors and suppliers, CITY, CONSULTANT, as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations, problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal, schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two (2) days after meeting to participants, with copies to CONSULTANT, CITY, and those affected by decisions made. PRE -INSTALLATION MEETING: 2.8.1 When required in individual specification section, convene a pre -installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting, or affected by, work of the specific section. 2.8.3 Notify CITY and CONSULTANT five (5) working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation, preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three (3) days after meeting to participants with copies to CONSULTANT, CITY and those affected by decisions made. FINALIZING SCHEDULES: 2.9.1 Within ten (10) days of receiving the Notice to Proceed, the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK: Administrative and procedural requirements for processing of submittals during construction process. Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation, Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals Pli[11Ylit.9gaPli[11YAVgr1I11L1X43I.611 �uLill :3JAnI F.11161X"IW7 61PAto] IIto] :a10u1KAu111.111.Yn:iJAlar�■N:i0]1pill VX*01 PA0]9�.Yn:3JAIII F.11■9:[0]1Bill Vx.we] IlIIKMI 2.10.3.1 2.10.3.2 2.10.3.3 2.10.3.4 PA0]911 2.10.3.6 2.10.3.7 2.10.3.8 2.10.3.9 2.10.3.10 2.10.3.11 2.10.3.12 2.10.4 PRODUCT DATA Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. Transmit each submittal with CITY's Standard Transmittal Form. Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. Identify project, CONTRACTOR, Sub -Contractor or supplier pertinent drawing and detail number, and specification section number, as appropriate. Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accord with requirements of the Work and Contract Documents. Schedule submittals to expedite the Project, and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. For each submittal for review, allow fifteen (15) days including delivery time to and from the CONTRACTOR. Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed Work. Provide space for CONTRACTOR and CONSULTANT review stamps. When revised for resubmission, identify all changes made since previous submission. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. Submittals not requested will not be recognized or processed. 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review, provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740 "Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out. 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM, plus two (2) copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products, models, options and other data. 2.10.4.6 Supplement manufacturers' standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review, distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the GC -27 Special Conditions 01740 "Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one (1) copy of Building Permit, Site Permits, Environmental Permits, or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub -Contractor, or CONTRACTOR to CONSULTANT, in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date, affidavits, and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product, but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten (10) days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3 — USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as maybe otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANT, or CONSULTANT's agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY, which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. GC -28 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR, along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications, including change orders, duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda, with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents, the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings, the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 (Amending of Contract Documents), the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specifications, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or 2. The provisions of any such Law or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY, CONTRACTOR or CONSULTANT, or any of their Sub -Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order (pursuant to Article 10, Changes in Work). 3.5.2 Additionally, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.2.1 A Change Order (pursuant to paragraph 10, Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample (pursuant to paragraph 6.11, Shop Drawings and Samples), or 3.5.2.3 CONSULTANT's written interpretation or clarification (pursuant to paragraph 9.4, Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub -Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, Special Conditions or other documents used on the Work, and, they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4 — SITE OF WORK GC - 29 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land: The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of such easement furnished to the CITY and CONSULTANT prior to said use; and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State, County and CITY Rights -of -Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way, easements, or other property, the CONTRACTOR shall (as the Work progresses) promptly back -fill, compact, grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone, Power, Cable TV, and Gas Company Structures: In all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities, the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non -vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations: Where applicable, reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.2 Existing Structures: Where applicable, reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing Structures' above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data, including any interpolation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS — UNDERGROUND FACILITIES: 4.3.1 Indicated: The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert (USA) System, Phone No. 1-800-227-2600 and Sunshine State One Call Services (1-800-432-4770) at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities' respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some (or all) of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services, and therefore, not automatically contacted by the above referenced telephone number. The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services, and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the GC -30 CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.10, and repairing any damage thereto resulting from Work, the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipes, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service lines, and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from the CITY or occupant, or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to service promptly, as part of the Work, as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown, but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall promptly, after becoming aware of thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site conditions, within twenty-four (24) hours upon their discovery (but in no event later than seven (7) days after their discovery) and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated, described, or delineated in the Contract Documents, including those reports discussed in paragraph 4.2 and 4.3 (Physical Conditions, Underground Facilities), and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto, and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order shall be issued as provided in Article 10 (Changes in Work) to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work, through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 (Change of Contract Price) and Article 12 (Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four (24) hours or no later than seven (7) days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide, if available, engineering surveys to establish reference points for construction, which in CONSULTANT'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 — BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY, furnish Performance and Payment Bonds, each in an amount at least ONE HUNDRED PRECENT (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY, at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one (1) year GC -31 5.2 after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company, acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies' as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000), all bonds shall be placed with sureties with Best Ratings as stated below: The name, address, and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to $499,999.99, the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work, otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under $500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over $2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent, licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership, the Bond shall be signed by each of the individuals who are partners; if a corporation, the Bond shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a) appropriate acknowledgement of the respective parties, b) appropriate duly certified copy of Power -of -Attorney or other certification of authoritywhere Bond is executed by agent, officer or other representative of CONTRACTOR or Surety, c) duly certified extract from by-laws or resolutions of Surety under which Power -of -Attorney, or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form, and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division. The Bond number must be stated on the first page of the Bond. INSURANCE: 5.2.1 The CONTRACTOR agrees to, in the performance of Work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its employees, agents, or Sub -Contractors, if any, with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement. The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department, all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub -Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the CONTRACTOR agrees to maintain during the term of this Contract, unless otherwise stated: GC - 32 Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non - owned, and hired) Worker's Compensation & Employer's Liability - Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub -Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub -Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A -VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier shall give the CITY sixty (60) days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an "additional insured". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. "Claims -Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event, the Bidder shall maintain such Professional Liability Insurance in effect for three (3) years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance, the U.S. Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project, it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY and the CONTRACTOR, its employees, agents, Sub -Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site, has conducted sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the GC - 33 requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY's property (including machinery and equipment) in, or on, or adjacent to the Site of the Work until final completion of Work, from action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever, should any damage occur by reason of any of the foregoing, the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term "persons' includes without limitations, members of the public, the CITY and its employees and agents, the Project Manager and his/her employees, CONTRACTOR's employees, CONTRACTOR"s Sub -Contractors and Sub -Contractors respective employees, who are on or about or adjacent to the premises where said Work is to be performed. CONTRACTOR shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted federal, state, and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, damage and destruction to all of its materials, tools, appliances and property of every description and that of its Sub -Contractors and Sub -Contractor's respective employees or agents, and injury to or death of the CONTRACTOR, its employees, Sub -Contractors or Sub -Contractor's respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. f:1�c�311111191: T0101OFT11Of 11111111011111191VIOn10111101419 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name, title and contact information for the designated supervisor/superintendent. 6.4 LABOR, MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observed by the CITY, without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site. 6.4.3 Condition of Materials: All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. 6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials, equipment, and products incorporated in the Work are ft for their intended purpose before being purchased by the CONTRACTOR. However, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials, equipment or products, together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval, pursuant to Section 32, Instruction to Bidders if prior to award, or after award, within ten (10) calendar days after the CONTRACTOR should have been aware of the need for substitution, unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, the opinion of the CONSULTANT and CITY, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service shall be indicated. GC -34 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation, to operating installation at factories, etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub -Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction, if applicable, to the CITY and CONSULTANT, if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub -contractor, other persons or organization (whether initially or as a substitute) against whom the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub -contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub -contractor who has been accepted by the CITY's Project Manager and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended, the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub -contractor, supplier, or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub -Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub -Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub -Contractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub -contractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub -contractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub -contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions: The CONTRACTOR agrees to bind specifically every sub -contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement: Any and all Work performed for the CONTRACTOR by a sub -contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub -contractor. 6.5.6 Responsibility: The CONTRACTOR shall be responsible for the coordination of the trades, sub -contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work, to bid sub -contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub- contractors, and to give the CONTRACTOR the same power as regards terminating any sub -contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub -contractors or between sub -contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT, any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, such Sub -Contractor shall be replaced if and when directed in writing. GC - 35 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS, FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. 6.7 PERMITS, LAWS AND REGULATIONS: 6.7.1 Permits: The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations, United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility (fines, etc). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, they shall bear all costs arising therefrom, however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor, during normal business hours, all books of account, reports, and records relating to this Contract for the duration of the Contract and retain them for a minimum period of three (3) years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County, Office of Inspector General investigators shall have the power without limitation to audit, investigate, monitor, inspect and review the operations, activities, performance and procurement process of the CONTRACTOR, its Sub -Contractors and lower tier subcontractors and its officers, agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub -Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. Upon request by the CITY, CONTRACTOR shall provide the accounting records and documents, and other financial data and shall submit true copies of requested records to the CITY. 6.10 SAFETY, PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: IC14=11 6.10.1.1 All employees on the Work and other persons, who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Site, and 6.10.1.3 Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. 6.10.4 All damage, injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Sub -Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable, shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion) that the Work is acceptable or until any and all final "punch list' items are completed, whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from Work, arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48) hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE: CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT: The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR, without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act, at its discretion, to prevent damage, injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefor as provided in Article 11 (Change in Contract Price) and Article 12, (Change in Contract Time). 6.10.15 NATIONAL EMERGENCY: In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war, or national emergency by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict, or due to the stoppage of construction caused by any governmental agency, state, CITY, town, or county regulations, orders, restrictions, or due to circumstances beyond the CITY's control, then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced, then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings: After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions, (see paragraph 2.9) copies (or at GC -37 the CONSULTANT's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review, produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES: The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review, CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review and approval by the CITY, provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications, one of which CONSULTANT shall retain. Reviewed samples may be used in Work, if indicated. 6.11.3 DEVIATIONS: At the time of each submission, the CONTRACTOR shall, in writing, call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW: The CONSULTANT shall review within fifteen (15) days or as extended by CITY, Shop Drawings and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in which the item functions. The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times, thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the CITY, the CONTRACTOR shall remove all their surplus and discarded, and excavated materials, and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property, shall clean all portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to their occupancy, shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work, and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free GC -38 from accumulation of waste materials and rubbish. Upon completion of the Work, they shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave their work "broom clean' or the like, unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades, this shall include removal of all stains, dust, dirt, paint, etc. 6.12.2.5 General: In case of dispute, the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. 6.13.2 Safety: "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened. Approval from the CITY shall be coordinated through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. t:�«y1nn:1:�•��:za�i6y�.��6� 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 51<ib�I�U7gJil�11�[N�IN7�' 6.15.1 CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials from any and all claims and liabilities including all attorney's fees and court costs, including appeals for which the CITY, its employees, representatives, and elected officials can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, its employees, or agents, arising out of or connected with this Agreement. The CONTRACTOR shall not be required to indemnify the CITY or its agents, employees, representatives, or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents, employees or representatives. 6.15.2 The CONTRACTOR, without exemption, shall indemnify and hold harmless, the CITY, its employees, representatives and elected officials from liability of any nature or kind, including cost and expenses for or on account of any copyright, service marked, trademarked patented or unpatented invention, process, or any other intellectual property right or item manufactured by the CONTRACTOR. Further, if such a claim is made, or is pending, the CONTRACTOR may, at its option or expense, procure for the CITY the right to use, replace, or modify the item to render it non -infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S. § 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the "Specific Consideration' therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. M 1i 41I.11kyt61 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees, by any employee of the CONTRACTOR, any Sub -Contractor, anyone directly or indirectly employed for whose acts may be liable, the indemnification obligation under paragraph 6.15 (Indemnification) shall not be limited in anyway by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Sub -Contractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.16.2 Obligation: The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts, errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously GC - 39 installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET, HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation, grading, fill, storm drainage, paving and other construction or installations in rights-of-way of streets, highways, pubic carrier lines, utility lines (either aerial, surface or subsurface) etc. shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES, ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES: The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of their Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS: The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in, and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations, indemnify and hold the CITY harmless from and against all claims, damages, losses and expenses (including, but not limited to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and readyfor occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs, advertisements, fres and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub -contractors and other personnel, and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings, shall be restored to a condition equal or better, to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR, and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of GC -40 permanent building construction against injury from dampness and cold, until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance. In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions, the permanent heating system shall not be used to provide temporary heat. CONTRACTOR's proposed methods of heating shall be submitted for approval. [:1 W�c�Yel : I q 11111 q i 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments, these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 1.1 M, 1n11tn10let 1:1MY101 V IN 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension and Termination of Work) or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective. That CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work, and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub -contractors or suppliers, or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so; and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion, oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements, for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100% with the Specifications. All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion, oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship and/or materials, together with all appurtenances necessary for unrestricted operation, as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any details, or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type, size and design are to be used. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the Work, is required and shall be performed by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s) not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. GC -41 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new, warranted for merchantability, ft for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications, the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work, and for which disposition is not specifically provided for elsewhere in these Specifications, it shall contact the CITY to determine if the removal items are to be salvaged. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner, pursuant to local, state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR, delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29, it shall furnish to the CITY's Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire, explosion, corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance, and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills, fire, disposal and first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL. 32301-5014, Telephone: 1-800-367-4378. 6.33 OCCUPATIONAL, SAFETY AND HEALTH ASSOCIATION (OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new (current production model at the time of the Bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS' LABORATORIES (UL): 6.35.1 Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents GC -42 6.37.1.5 As -built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed, Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local, state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum, previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view, remove temporary labels, stains and foreign substances, wax, clean and polish transparent and glossy surfaces, vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs, gutters, downspouts and drainage systems. 6.37.3.6 Clean Site, The CONTRACTOR shall sweep paved areas, rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials, rubbish, and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains (coolers). 6.37.3.9 The CONTRACTOR shall clean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. [l mC 9:ifll]X"dVx0A1V01Z81411J&1aH : 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Change Directives and written interpretations and clarifications (issued pursuant to para. 9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts, maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. [:1Ic�L �4V 1 V HO I I I x.Y 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub -contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D -size, 3 -ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above -referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine, clean, adjust, and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. GC -43 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project, pursuant to Florida Statutes § 255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local, state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction, including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust, erosion and sediment, noise, pollution, rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions — 01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement, CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage, office trailers, parking, and lay -down areas. 6.38.2.3 Interruption of pre -approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing' and "Hard Hat Area" signs along Project perimeter and at construction access points. "No Trespassing' sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing" signs shall not be larger than 24" (600mm) by 24" (600mm). "Hard Hat Area" sign shall not be larger than 12" (300mm) by 12" (600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance, dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead, the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding, plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. GC -44 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall. 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms, dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site. CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10 "Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six (6) foot high, minimum ten (10) gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six (6) foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8" C/D plywood sheets, pressure treated or other means of weather protection, with 2 x 4 wood framing at edges and 24" maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall: 5/8" C/D plywood sheets, 2 x 4 wood framing at 24" maximum spacing, and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection: Metal scaffolding with %" B/C plywood or 2" x 12" wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four (74) miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project, mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff, sub -contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re -verified and re -issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10 "Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. GC -45 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase, substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase, substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub - Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers, as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission, identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten (10) calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples, constructed, applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. 6.41.5.4 Coordinate space requirements, supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes, ducts and conduits as closely as practicable, place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance, and for repairs. 6.41.5.6 Within finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of [Cie X,[:1 work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements, confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations, lines and levels, utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7 — OTHER WORK FA VIIiI1H4MN]:1:Ii[.9Ih 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work, and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor, other than CONTRACTOR's own SubContractor, CONTRACTOR shall inspect and promptly report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as ft and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site, the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized, and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8 — THE CITY'S RESPONSIBILITIES &nL7,11111 M0181081 : WIT"IsI i 8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5 (Review of Application for Progress Payment) and Section 14.10 (Final Payment and Acceptance) of the General Conditions. 8.4 LANDS, EASEMENTS: REPORTS AND TESTS: GC -47 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys, if available and to establish reference points are set forth in paragraphs 4.11 (Availability of Land) and 4.5.1 (Reference Points) of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2 (Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10 (Changes in the Work) of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work), Paragraph 15.1 (CITY May Suspend Work). Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 1;11 0119111 Wr. 1101aVky,6y.1►110A]►19111 W 61 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9 — CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT (if specifically designated), or a specifically designated employee of the CITY, shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final, if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications, and 9.1.3.2 Schedule and conduct pre -construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR, and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities, and 9.1.5.5 Assist CITY to control the use of Site. 9.2.1 After written Notice to Proceed with the Work, the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations, as an experienced and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3.1 The CITY of Boynton Beach or its authorized agents, inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. GC -48 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CITY may determine necessary, which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. alb�kydW.31111Vgky,II I 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT, CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final inspection). The CONSULTANT, CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated, installed or completed. 9.7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples) of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment, etc. shall be pursuant to Article 14 (Payment to Contractor and Completion) of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless, within ten (10) days after the date of any such decision, the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies) to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence, unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal (unless the CITY's Project Manager and CONSULTANT allow additional time). CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The CITY's Project Manager's written decision, on such claim, dispute, or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16 (Dispute Resolution), or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten (10) days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices), 9.9.1 and 9.9.2 (Dispute Resolution) with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in GC -49 respect of any such claim, dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re -testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT CONTRACTOR, any SubContractor, any Supplier or any other person or organization performing any of the Work, or to any surety. 9.11.2 Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable', "acceptable", "proper', or "satisfactory', or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of the CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety, the CITY may at any time order additions, deletions or revisions in the Work; these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order, a claim may be made therefor as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (References to Standards) except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies) or except in the case of uncovering Work as provided in Paragraph 13.4.2 (Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are required because of acceptance of defective Work under Paragraph 13.9, or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to Contract Price or Contract Time) is required by the provisions of any Bond to be given to a Surety, the giving of any such notice shall be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or GC -50 extensions of time, shall be governed pursuant to the ordinances of the CITY. ARTICLE 11— CHANGE OF CONTRACT PRICE Ifif�eigllq:711 11.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (not later than ten (10) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1, if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved (subject to provisions of Section 11.5. (Unit Price Work) inclusive). 11.1.3.2 By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a (Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work (determined as provided in Section 11.2, inclusive) plus a CONTRACTOR's fee for overhead and profit) determined as provided in Section 11.3, Contractor's Fee, inclusive. 11.2 COST OF THE WORK: 11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor: The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday, Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment: The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee, the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work, and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof — in accordance with terms of such rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed GC -51 upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor) or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants) — all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices, including principal and branch offices, other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.2.6 (c) above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs, i.e. where worker hours exceed a typical 8 -hour day and 40 -hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2 (Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee; or if none can be agreed upon, 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2 (Labor) and 11.2.3 (Materials and Equipment) the CONTRACTOR's fee shall be five (5%) percent. b. For costs incurred under Paragraph 11.2.4 (Subcontractors), the CONTRACTOR's fee shall be five (5%) percent, and if a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five (5%) percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs) and 11.2.7 (Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten (10%) percent of the net decrease, and e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a) through 11.3.1.2(d) inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT, an itemized breakdown together with supporting data. ffi[!1IX814V1�IN*3 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY, CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment, an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemed to include for all Unit Price Work, an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work, times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8 - Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work, and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price, if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the Contract Price in accordance with Article 11— Change in Contract Price if the parties are unable to agree as to the amount of any decrease. GC - 52 11.6 OMITTED WORK: 11.6.1 The CITY may at anytime, by written order, without Notice to the Sureties, require omission of such contract Work as it may find necessary or desirable. An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices, or rates for work of a similar nature or character as set forth in the Contract, or 11.6.1.2 By the appropriate lump sum price set forth in the Contract, or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice to the extent of the claim with supporting data shall be delivered within seven (7) days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) that, in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY, acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 — Related Work at Site, fires, floods, epidemics, or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather (i.e. beyond the 10 -year mean average) shall be the made within ten (10) days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both CITY and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR, and SubContractor, any supplier, any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7 — Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3 — Notice to Proceed plus any extensions thereof allowed in accordance with Article 12 — Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expenses and difficulties involved in providing proof of such damages in a legal proceeding, the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $100 $20,001 to $75,000 $200 $75,001 to $150,000 $500 GC - 53 $150,001 to $350,000 $750 $350,001 to $750,000 $800 $750,001 to $1,000,000 $1,000 $1,000,001 to $2,000,000 $1,200 $2,000,001 to $3,000,000 $1,500 $3,000,001 to $4,000,000 $1,600 $4,000,001 to $5,000,000 $1,700 $5,000,001 to $6,000,000 $1,800 $6,000,001 to $7,000,000 $1,900 $7,000,001 to $8,000,000 $2,000 $8,000,001 to $9,000,000 $2,100 $9,000,001 to $10,000,000 $2,200 $10,000,001 to $11,000,000 $2,300 $11,000,001 to $12,000,000 $2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3 — Notice to Proceed, for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $25.00 $20,001 to $75,000 $50.00 $75,001 to $150,000 $125.00 $150,001 to $350,000 $187.50 $350,001 to $750,000 $200.00 $750,001 to $1,000,000 $250.00 $1,000,001 to $2,000,000 $300.00 $2,000,001 to $3,000,000 $370.00 $3,000,001 to $4,000,000 $400.00 $4,000,001 to $5,000,000 $425.00 $5,000,001 to $6,000,000 $450.00 $6,000,001 to $7,000,000 $475.00 $7,000,001 to $8,000,000 $500.00 $8,000,001 to $9,000,000 $525.00 $9,000,001 to $10,000,000 $550.00 $10,000,001 to $11,000,000 $575.00 $11,000,001 to $12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3 — Notice to Proceed. 12.2.3 This sum is not a penalty. The CITY reserves the right to additionally recover directjob site expenses, including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13— TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK I H81111141 1110191119 x1166 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work, whether or not completed, may be rejected, corrected or accepted as provided in Article 13 — Tests and Inspections: Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee, shall subject the remedied portion of the Work to an extended guarantee period of one (1) year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's and CONSULTANT's representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections, tests or approvals. 13.3.2 If any federal, state or local laws and regulations require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the required GC -54 certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY, CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General: For tests specified to be made by the CONTRACTOR, the testing personnel shall make the necessary inspections and tests, the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If, in the making of any test of any material or equipment, it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents, the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment, or to remove it promptly from the Site or from the Work and replace it with acceptable material, without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR, unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests: As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials and instruments and shall make start- up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT's request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 — Change in Contract Price and Article 12 — Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK 13.5.1 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, GC - 55 installed or completed, or if the Work has been rejected by CONSULTANT, remove it from the Site and replace with non -defective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply, the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR, or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one (1) year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal, state or local laws and regulations, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents; any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY's written instructions, either correct such defective Work, or if it has been rejected by the CITY, remove it from the Site and replace it with non -defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Paragraph 13.7 —'One Year Correction Period", the correction period hereunder with respect to such Work shall be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers, architects, attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11 — Change of Contract Price. If acceptance occurs after such recommendation, CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY's Representative agents and employees, such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct, indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. The CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefore as provided in Article 11 —Change of Contract Price. Such direct, indirect and inconsequential costs shall include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs, and all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION: [COM"1:1 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9 — Finalizing Schedules, shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials, labor, tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal, state or local law, at the end of each calendar month, the CONTRACTOR shall submit to the CONSULTANT for review, an Application for Payment (AFP) filled out and signed by the CONTRACTOR, covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub -total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission, at the end of the continuation sheets and shall list by Change Order Number, and description, as for an original component item of work. 14.3.4 As provided for in the Application for Payment (AFP) form, the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY, under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated into the Work are free and clear of all liens, claims, security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment (AFP) like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporated in the Project or not, shall have passed to the CITY prior to the making of an Application for Payment, free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"), and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall, within ten (10) days after receipt of each Application for Payment, either indicate in writing, a recommendation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Thirty (30) days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation, the amount recommended shall (subject to the provisions of the last sentence of paragraph 14.5.4) become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholding payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10, Final Payment and Acceptance, have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if, in CONSULTANT's opinion, it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss, including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9, or GC -57 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive (CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work, or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable fling thereof. 14.5.8 Upon unsatisfactory obligation of the Work, including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR, or 14.5.11 Upon any other violation of, or failure of CONTRACTOR to comply with, the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen (15) calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation, the Certificate of Substantial Completion, signed by the CONSULTANT and CONTRACTOR, which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the "punch list', pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion, the CITY, with the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15) days after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time, request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15) days thereafter, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY, CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Workwhich shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. GC -58 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. ILlF01♦I1►raWa»1[IL`1IIQ01to] :a9:0Inq►11 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents (as provided in Paragraph 14.6, Substantial Completion) and other documents- all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to CITY) of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation, the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper, and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears, to the best of the CONSULTANT's knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY, the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, or as may be lawfully retained, including but not limited to, Liquidated Damages, as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty (30) days after approval by the CITY of the Application for Final Payment, the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds, and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. IEIPP kill 1IN.1116111N00]aBill V X*01 As per Florida Statutes § 218.735(7)(a)(ii), punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows. 14.12.1 Within fifteen (15) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist ('Punchlist') of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough. At its option, CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself, or thereafter for a period of thirty (30) days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty (30) days following the scheduled Substantial Completion Walkthrough, CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist) and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty (30) days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. GC - 59 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes § 218.735(7)(d) until the CONTRACTOR considers the Final Punchlist to be 100% complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty (30) days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100% complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150% of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes § 218.735(7)(d), CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity, but rather total costs are based upon the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five (5%) percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor, services, or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor, services, or materials supplies by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute, the subject of a claim brought pursuant to Florida Statutes § 255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests, apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraphs 14.13.2 do not apply to construction services purchased by the CITY which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is $200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%) percent per month, or the rate specified by contract, whichever is greater. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK: The CITY may, at any time and without cause, suspend the Work or any portion thereof for period of not more than ninety (90) days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, CONTRACTOR may make a claim as provided in Articles 11 (Change of Contract Price) and Article 12 (Change of Contract Time) of the General Conditions. 15.1.2 THE CITY MAY STOP WORK: The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by fling a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code (Title 11, United States Code) as now [44Mi111 or hereafter in effect at the time of fling, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal, state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT; or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination, the CITY may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work (including additional managerial and administrative services, plus the CITY's direct, indirect and consequential losses), exceeds the unpaid balance on the Contract, the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default, shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, any and all claims for consequential damages, loss of bonding capability, destruction of business, unabsorbed home office overhead, lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY, the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. I1919�ylr•A&FTIVAIgVkvill r.1111111a4Una 15.3.1 The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the CONTRACTOR, and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it, all or some subcontracts, construction, plants, materials tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if notified to do so by the CITY or CITY's Project Manager, shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5.1 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submitted, or the CITY fails to pay any sum finally determined to be due within sixty (60) days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven (7) days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event, the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to the CITY GC -61 and CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24 — Continuing the Work, to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16 -DISPUTE RESOLUTION IP%% elele7Hy1111.111to] 01 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract, shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times, the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract, the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17 — MISCELLANEOUS: IFAi C7p/11[ei010111419 17.1.1 All notices, requests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to To CITY: User Department 100 E. Ocean Avenue Boynton Beach, Florida 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E. Ocean Avenue Boynton Beach, Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday, such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within seven (7) calendar days of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6 — Contractor's Responsibilities, Section 13 — Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14 — Payments to Contractor and Completion, and Section 15 — Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal, state and local laws or regulations, by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. 1aPII:fJ 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes § 255.04, which requires that on public building contracts, Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails, refuses, or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project, or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract and re -let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other form of compensation, and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG -FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug -Free Workplace and have their Drug -Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes § 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes § 287.017 for CATEGORY TWO or higher for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder, or any part thereof, shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY, to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials, supplies and other items needed for GC -63 daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings. Nor shall violation of Federal, State and local laws and policies regarding Drug -Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm" means any weapon (including a starter gun or antique firearm) which is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame of receiver of any such weapon, any destructive device, or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises 17.16.4 If any employee of CONTRACTOR or Sub -Contractor is found to have brought a firearm on CITY property, such employee must be terminated from the Project by the CONTRACTOR or Sub -Contractor. If the Sub -Contractor fails to terminate such employee, the Sub - Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub -Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. IFAFl 9ZIQ11111108111111 V 00110 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled, seized, or embargoed, and/or has been determined misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any state or federal regulatory agency, the CONTRACTOR shall notify the CITY's Procurement Services Division within two (2) business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non -conforming shall not in any way impact, negate, or diminish the CONTRACTOR's duty to notify the CITY, CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product; the approximate date the affected product was delivered to the CITY; the bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health, welfare, and safety of CITY employees, and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall, at the option of the CITY's Procurement Services Division, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY, without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY, the CONTRACTOR may be required to reimburse storage, disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS 17.18.1 All copies and contents of any proposal, attachment, and explanation thereof submitted in response to this Invitation to Bid (except copyright material), shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use, at its discretion, and in any manner it deems appropriate, any concept, idea, technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract, in accordance with Florida Statutes, Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract, or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable, the remainder of this Bid or Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions contained in U.S. C. Section 1324a(e) (Section274A9e) of the Immigration and Nationality Act (INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. GC -64 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards: Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards, the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents, the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti -Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association (Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America (Formerly, SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Floride Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East -Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification CCUMICU. FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders' Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors' Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre -stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PS IA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station (100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute ACR Attenuation -to -Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials (ASTM International) AWG American Wire Gauge BD Building distributor (replacing main -cross connect and MDF as "building service" (room identifiers) BICSI® Building Industry Consulting Service International, Inc. BTU British Thermal Unit CATV Community Antenna Television (Cable Television) CD Campus distributor (replacing main -cross connect and MDF as "campus -wide service" room identifiers). Also, compact disk for storage of audio or video information. CClaw,61 dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene -polypropylene -diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room, Replacing "TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross- connect, and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far -End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer (replacing TBBIBC) Grid Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross -Connect (replaced by floor distributor "FD") HH Handhole HVAC Heating, Ventilation, and Air -Conditioning Hz Hertz IC Intermediate Cross -Connect (replaced by "BD" or "FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross -Connect (replaced by campus distributor "CD") MDF Main Distributor Frame (replaced by "CD" or "BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile -butadiene rubber NEC National Electric Safety Code, C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer "GE") TE Telephone Equipment (Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room (being replaced with "ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division, NIST., U.S. Department of Commerce, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899-26. END OF SECTION [aPII.11A HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 3 — SPECIAL TERMS AND CONDITIONS It will be the responsibility of the successful Bidder to supply necessary labor for completion of services if requested by the City of Boynton Beach. 2. The City by written notice may terminate in whole or in part any Contract resulting from this Bid when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful Bidder to maintain workers' compensation insurance, professional liability, property damage liability insurance and vehicular liability insurance; during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Contractor until such time as the items and/or work has been accepted by the City. The successful Bidder shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City in making the award in the best interest of the City. 5. The successful Bidder shall at all times guard from damage or loss of property of the City or of other Contractors and shall replace and/or repair any loss or damage unless such has been proven to have been caused by the City, or other Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Bidder or his agent. 6. The Bidder shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 68 HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Proposer Acknowledgement — Online Acknowledgement b) Bid Form — Upload Online c) Price Proposal — Online Form d) Bidders Qualification Statement — Online Form e) Addenda Acknowledgement — Online Acknowledgement f) Anti -Kickback Affidavit — Upload Online g) Non -collusion Affidavit of Proposer — Upload Online h) Confirmation of Minority Owned Business - Online Form i) Certification Pursuant to Florida Statute § 287.135 - Upload Online j) Confirmation of Drug Free Workplace - Online Acknowledgement k) Palm Beach Inspector General - Online Acknowledgement 1) Local Business Certification - Online Form m) Statement of Non -Submittal (if applicable) - Online Form n) Schedule of Sub -Consultants — Online Form o) Submit current Florida Professional License, including evidence of possession of required licenses or business permits — Attach and Upload p) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form —Attach and Upload q) References — Online Form r) Submit any Supplemental information relative to this BID — Attach and Upload s) Bidder's Site Inspection Confirmation —Attach and Upload t) E -Verify Form Pursuant to Florida Statute § 448.095 — Upload Online Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 69 INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW BID FORM "TO IIL E COII III' IIL.IIETIED AND t.1III' IIL.OAIDIQD OIISIIL.IIIIISIIS The work under this project consists of but not limited to: Services from a qualified Contractor to provide pricing for labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. Submitted By: (BIDDER) Date: To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK inconformity with the drawings and specifications listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 70 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of , 20_ a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 71 7 7 ITE M DESCRIPTION COST NO 15 1 New Concrete Pilings — 9 Total $ 16 General Site Excavation and Finished Grading $ 17 Site Fill $ SUBTOTAL I $ SUBTOTAL I $ 18 1Driveway Paving — Asphalt Overlay Only $ 19 Driveway Paving Base and New Asphalt $ 20 Landscaping and Sodding $ 21 Miscellaneous, Curb Repair $ 22 Material and Compaction Testing Services $ 23 Surveying $ SUBTOTAL I $ TOTAL BID PRICE $ (In Numbers) TOTAL BID PRICE (In Words): It is the contractor's responsibility to provide a bid to complete the job. BIDDER SHALL INPUT PRICES INTO THE CITY'S E -PROCUREMENT BIDDING SYSTEM Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 73 2 7 BIDDER'S QUALIFICATION STATEMENT "TO B IE C III IEIL IE"TE ILS OWLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDDER'S True, exact, correct and complete Name, Principal Address, Phone, Email Address: 2. How many years has your organization been in business under its present business name? 3. Under what other former names has your organization operated? 4. Names and titles of all officers, partners or individuals doing business under trade name: 5. The business is a: Sole Proprietorship a Partnership a Corporation u 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 7. What is the last project of this nature that you have completed? 8. Have you ever failed to complete work awarded to you. If so, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 74 7 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of Attorney, if any, for the business. 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 16. What will be your turnaraound time for written responses to the City's inquires?. 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1 ? YES a NO u THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name, job title, address and telephone number of contact person) — Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signe (Title) Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 BIDDER'S SITE INSPECTION CONFIRMATION Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID NO.: 002-2511-21/RW as an authorized representative of: (Name and Title of Representative) (hereinafter called the bidder) located at (Name of Company) and that said Company Address bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. DATE OF INSPECTION CITY OF BOYNTON BEACH TITLE OWNER'S REPRESENTATIVE SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 78 7 ANTI -KICKBACK AFFIDAVIT "TO IIL E C OII III' IILJ TIIED AND U III' IIL.OAIDIQD OIIS IILJ IIS IIS 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. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP By: NAME - SIGNATURE 2021 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 79 NON -COLLUSION AFFIDAVIT OF BIDDER "TO IIL E C QIS III' IILJ TIIED AND t.1III' IIL.OAIDIQD GIS IIL.III IIS IIS State of ) County of ) 1) He is (Title) has submitted the attached BID: , being first duly sworn, deposes and says that: of , the bidder that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in anyway colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BIDspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of 20 (Signed) (Title) Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 80 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "TO IIRE C QI III' IIL.IIETIED AND t.1 III' IIL.OAID EIQ GI IIL.III II II I, , on behalf of that Print Name and Title does not: Company Name 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. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The 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 the 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 Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services 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 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 Consultant, I hereby certify that the company identified above in the section entitled "Consultant 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 82 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 DATE TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 82 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIRE C QI III' IIL.ETIIED AND U III' IIL.OAID EID GI IIL.III II II Project Name: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT Solicitation No.: 002-2511-21/RW 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 84 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notifythe Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 84 7 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING 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 "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Contractor is retained by the City to provide Boynton Beach Boulevard Extension Hardscape, Landscape, and Irrigation Improvement. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated , which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT Bid Number: 002-2511-21/RW the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: 1.0 SCOPE OF SERVICES 1.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 1.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 1.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 1.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 1.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 1.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 1.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 1.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 1.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 1.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 1.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 2.0 TIME FOR PERFORMANCE 2.1 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. 3.0 CONTRACT TIME Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Contractor must commence work on a date to be specified in a written "Notice to Proceed" of the CITY and to be fully complete 180 calendar days for substantial completion and Final Completion shall be within 30 consecutive calendar days thereafter. 3.1 Upon failure of Contractor to obtain Substantial Completion within the deadline stated in Paragraph 3.1, plus approved time extensions, Contractor shall pay to City the sum of I for each calendar day after the deadline for Substantial Completion, plus any approved time extensions, until Substantial Completion is obtained. After Substantial Completion, should Contractor fail to complete the remaining work within the deadline stated in Paragraph 3.1, plus approved time extensions thereof, Contractor shall pay to City the sum of $3,500 for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this contract on time. 3.2 The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ and that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 PROTECTION OF EXISTING FACILITIES 4.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 4.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other CITY or CITYs of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, CITY or CITYs for the removal and replacement or protection of such property or utilities. 5.0 INDEMNIFICATION Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 5.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 5.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 5.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 6.0 PAYMENT BY CITY 6.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 6.2 SCHEDULE AND PROGRESS REPORTS The Contractor must submit a proposed schedule of the work (Gantt or CPM Chart) and a preliminary list and schedule of shop drawing submissions at the pre -construction conference. The purpose of this list and schedule is to enable the CITY and the Architect to govern the work, to protect the functions of the local government and its citizens, and to aid in providing appropriate surveillance. The CITY shall have the right to reschedule work provided that rescheduling is in accord with the remainder of the terms of this Contract. The schedule shall show, as a minimum, the approximate dates on which each segment of the work is expected to be started and finished, the anticipated earnings by the Contractor for each month, and the approximate number of crews and equipment to be used. The Architect, after necessary rescheduling and obtaining additional information for specific purposes, shall review and approve the schedule. The Contractor shall also forward to the Architect and Project Supervisor as soon as possible after the first day of each month, a summary report of the progress of the various parts of the work under the Contract, in fabrication and in the field stating the existing status, estimated time of completion, and cause of delay, if any. Together with the summary report, the Contractor shall submit any necessary revisions to the original schedule for the Architect and CITY's review and approval. The detailed construction schedule shall be updated monthly and submitted with the Contractor's request for payment. 6.3 PROSECUTION OF WORK The work shall be prosecuted at such time or in or on such part or parts of the project which such forces of workmen, materials and equipment as may be ordered by the Architect in writing, to complete the project as outlined in the drawings, specifications, Contract and schedules, including such detailed drawings as may be furnished by the Architect from time Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project to time during the prosecution of the work in explanation of said drawings. If at any time the materials and appliances to be used appear to the Architect as insufficient or improper for securing the quality of work required, or the required rate of progress, he may order the Contractor to increase his efficiency or to improve the character of his work. The Contractor shall conform to such an order. The failure of the Architect to demand any increase of such efficiency or any improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress necessary to complete the work within the limits imposed by the Contract. The Contractor shall perform the work and take such precautions as he may deem necessary to complete the project so all work will be in first-class and acceptable conditions within the Contract time according to schedule. b. If the Contractor desires to carry on work at night or outside the regular hours, he shall submit application to the CITY, but he shall allow ample time to enable satisfactory arrangements to be made for inspecting the work in progress. The CITY could grant permission unless local regulations prohibit such work. If granted permission, he shall complywith all regulations and legal requirements. Contractor shall be responsible to pay for all inspection services outside of regular hours at a rate of $100/hr. 6.4 WORKMANSHIP, MATERIAL AND WORKMEN a. Unless otherwise stated in the detailed specifications, all workmanship, materials and articles incorporated in the work covered by this Contract shall be of the most suitable grade of their respective kinds for the purpose and acceptable to the Architect. The Architect shall decide the question of quality where the expression "or equal" is used in the specifications following reference to a specific manufacturer of equipment or materials. When and to the extent required by the specifications or by the Architect, the Contractor shall furnish the Architect for review, full information concerning the materials or articles or methods of work which he contemplates incorporating the work. Samples of materials shall be submitted for review when requested. Machinery, materials, articles installed or used, or unusual methods of work used without such review shall be at the risk of subsequent rejection. b. The CITY may require the Contractor to remove from the work such employees as the CITY deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the CITY' interest. 6.5 DELAYS AND EXTENSION OF TIME a. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the CITY or his employees, or by any other Contractor employed by the CITY, or by changes ordered in the work, or by strikes, fire, lockouts, unusual delay in transportation, unavoidable casualties or by delay authorized by the CITY pending arbitration, or by any cause which the CITY shall decide to justify the delay, then the time of completion may be reasonably extended by the CITY. b. No extension shall be made for delay unless notice of a claim is made by the Contractor in writing to the Architect within seven days of the event or incident causing the delay. If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until two weeks after demand in writing for such drawings and not then unless such claim is reasonable and otherwise provided by "Notice" as defined in the General Condition for Construction. In the event of any delay in the project caused by any act or omission of the City, Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project its agents, or employees, the sole remedy available to Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by any act or omission of the City, its agents or employees. For the purpose of this section the phrase "the City, its agents and employees" shall include but shall not be limited to the Architect, Project Supervisor, and consulting Architects. This article does not exclude the recovery of damages by the City for delay caused by Contractor under other provisions in the Contract Documents 7.0 CHANGES IN THE WORK 7.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 7.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 7.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: a. Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. b. Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. C. No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. d. Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. e. Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 7.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: a. By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or b. If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. a.) The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. b.) The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. c.) Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. d.) In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. e.) In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. f.) In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. g.) For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. h.) Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 7.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 7.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. 8.0 OWNERSHIP AND USE OF DOCUMENTS Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 8.1 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. 9.0 COMPLIANCE WITH LAWS 9.1 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. 10.0 INSURANCE 10.1 The Contractor 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. 10.2 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. 11.0 INDEPENDENT CONTRACTOR 11.1 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. 12.0 COVENANT AGAINST CONTINGENT FEES 12.1 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. 13.0 DISCRIMINATION PROHIBITED 13.1 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. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 14.0 ASSIGNMENT 14.1 The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 15.0 GUARANTEE AND WARRANTIES 15.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 16.0 TERMINATION OF CONTRACT 16.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: a. Complete the contract in accordance with its terms and conditions, or b. Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 17.0 CONTRACT CONTROLS 17.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 18.0 TIME OF ESSENCE 18.1 In as much as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 19.0 REMEDY FOR DELAY 19.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 19.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 19.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 19.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Engineer, project manager and consulting Engineers. 20.0 NON -WAIVER 20.1 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. 21.0 TERMINATION 21.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 21.2 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. 22.0 DISPUTES 22.1 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. 23.0 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 Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-10 Notices to Vendor shall be sent to the following address: 24.0 INTEGRATED AGREEMENT 24.1 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. 25.0 PUBLIC RECORDS 25.1 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 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 AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-11 26.0 E -VERIFY 26.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-12 27.0 SCRUTINIZED COMPANIES - 287.135 AND 215.473 27.1 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. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-13 "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 same agreement among the parties. A facsimile signature shall constitute an original signature for all purpose." IN WITNESS WHEREOF, the parties have hereto 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 VENDOR NAME Lori LaVerriere, City Manager (Signature), 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 Witness Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-14 KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement PFB- 1 7 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvev E. Over Jr. Park Marina Boat Ramo Improvement Pro iect PFB- 2 Signed and sealed this day of 12021. Witness Witness Bid No. 002-2511-2 Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD E. Over Jr. Park Marina Boat Ramo I PFB- 3 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 20207 entered into a contract with Owner for accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB-1 performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 2 notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 3 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of , 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Affiant Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project WT- 1 M City of Boynton Beach Risk Management 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 I060JCL1010We101TlMO YA Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 ADDENDUM No. 1 DATE: 3/5/2021 BID NO: ITB 002-2511-21 /RW BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT 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 strike through type are deletions from existing text. Words in bold, underlined type and or aimed are additions and revisions to existing text. Closing Date Remains Unchanged: Thursday, March 11, 2021 @ 2:30 PM Question 1: What is the budget or engineer's estimate for this project? Answer 1: Up to 1 million, knowing it will be considerably less than that. Question 2: Can contractor implement G&A Heavy Duty Floating dock in lieu of the Golden Marine Systems product? Technical Data and Specifications available upon request. Answer2: No, all contractors need to bid the Golden Marine Systems, (apples to apples) Question3: The FDEP permit references and includes the Benthic Resource Survey Summary Report and the approved Coral Relocation Plan. However, neither document includes a table listing the corals observed by size class. The documents state "Approximately twenty (20) colonies were observed ranging from <1 cm — 20 cm and were attached to the existing boat ramp and rocks." Can the City please provide a table of corals observed broken down by size class or the consultant's field notes, as the Coral Relocation Plan and FDEP permit specify that corals with live tissue measuring 5 cm or greater must be relocated. Knowing the number of colonies that must be relocated will enable us to more accurately price the coral relocation work and compliance monitoring. Answer 3: Per FFWCC recommendations included in the FDEP permit the contractor will be required to obtain a Special Activity License (SAL) to relocate the coral. The contractor must include as a separate line item for the preparation and processing of this license and everything required to meet its requirements in their cost as a lump sum. The contractor will be required to identify and relocate all corals greater than 5cm at the time of relocation within the footprint of construction and staging. In addition, the contractor will be required to assess coral health at the time of relocation and determine which are suitable for relocation. Therefore, the contractor should price the coral relocation as a unit cost per coral to relocate based on the size ranges and numbers provided given the final number to be relocated is unknown based on the criteria FFWCC requires for coral relocation. Question 4: Please specify the decking for the floating docks Answer 4: The decking for the floating docks will be Trex composite decking Page 1142 of 1360 Question 5: How will the concrete toe for the boat ramp be inspected? Does the footing for the bottom of the ramp need to be done in the dry or can a tremmie pour be used? If done in the dry a cofferdam would need to be required. Answer 5: A cofferdam will be required to install, inspect and place concrete Question 6: Which bid line item should the cost of the coral relocation be applied to? Answer 6: Apply the coral relocation in Division 31 — Earthwork Question 7: Please provide the original pre -construction coral survey mentioned in the permits Answer 7: The original benthic survey from 2019 is attached to the permits as an attachment and should be referenced. Contractors must read and abide by all conditions of the permits provided in the bid. All permits must be kept onsite during construction as well. Question 8: Please provide soil borings report form Geotechnical Engineer Answer 8: Contractor is to provide Geotechnical soils report Question 9: Please provide details regarding the connection of the W6x20 beam to the concrete foundation at the toe of the ramp. Answer 9: One of the beam top reinforcing needs to go through the steel beam, at the toe is the (1)#5 of the beam top reinforcing; at the upper side is (1)#6x3'-0" long Question 10: Is the intent for the foundation at the toe to be precast and set in the wet? If not, it would be necessary to install a temporary cofferdam and dewater. If that's the case, it might be more cost-effective to cast the entire ramp in place in lieu of placing precast planks. If the intent is to precast, how are we to maintain QC (no compaction can be done underwater). Answer 10: A cofferdam will be required to install, inspect and place concrete. Provide alternate design for review by the design team if it is more cost-effective If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Page 1143 of 1360 0 0. E k ECL CL 2 � q � CL / 0 uj� � 2 d CR r ® �§t k E ! ( 17 3 ■ ,a ; § _{\« ) � \)]| ■ $ = ! k E 0 110 k 7 �A � /. § - `4v , « ( J E2 i■ CR r ® �§t k E ( 17 3 ■ ,a ; § _{\« ) � \)]| ■ $ = ! cD E !!il 110 7 �A � |!E § - `4v , « ( \E$ ¢ /9#® / k}2Er )�:! EESkz 7 .!!a )§� CIO. . . . .. ... .. . . . _u)5: eo ;q@#27» k Page 1144 0 1360 CR r ® k E ( ■ ; § Page 1144 0 1360 ® 2\ ( § _{\« ) � ■ $ = ! cD � \\{k/{ 7 �A � 04 § `4v , « ( \E$ ¢ /9#® / k}2Er 2 )§� \�![ka _u)5: eo ;q@#27» k ; . d2) J£ ( o§§k22 2)((\§)§\ G§] g a«�E§\$22 N§d /|{ k))k�kn. o c z } )®�«` LLJ_ m__ to mak(,.. �� ° ` �\. \\EGA a \° o=G/?■a»2= ; .)��oe,,,,. _ . , _\% !w � .. 2 .. < » % .; . �u�<zoo��,± o Page 1144 0 1360 002251121 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Opening Date: February 5, 2021 12:00 PM Closing Date: March 11, 20212:30 PM Vendor Details Company Name: anzco inc Does your company conduct business under any other name? If fl yes, please state: 9671 Carousel Circle S Address: Boca Raton , florida 33434 Contact: john zak Email: jzak@anzcoinc.com Phone: 561-699-3602 Fax: 954-532-2624 HST#: 20-8208440 Submission Details Created On: Thursday March 11, 2021 11:49:47 Submitted On: Thursday March 11, 2021 14:13:04 Submitted By: john zak Email: jzak@anzcoinc.com Transaction #: 4b580057-36d3-47bd-a88c-d144816433ba Submitter's IP Address: 173.162.121.194 Bid Number: 002251121 Vendor Name: anzco inc Page 1145 of 1360 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, andlor lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID PROPOSAL - Price Proposal Online Form The Bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The Bidder proposes to deliver the service in accordance with the specifications for "HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT' Note: The quantities shown may not reftectthe actual amount required installed in the field. it is the contractor's responsibility to verify and provide a bid for the quantity of items needed to complete the job. Any discrepancies shall be brought to the attention of the Procurement Services. riMSION DESCRIPTION QUANTITY UNIT COST TOTAL 01 _. ..........._.._ General Conditions Mobilization 1 Demobilization 1 LUMP SUM $56,000.0000 $ . Insurance ., „�.:,:,,, rance 1 LUMP SUM $5,600.0000 $ 5,600.00 �, .. .... .... ,..... Contractor's Supervision .... .._...__ ....._ ........ � . ..............._, p 1 LUMP SUM $36,000.0000 $ 36,000.00 ......... ....,...P�,°._ -- ... _..,.,, w, ��._.__ _. ...... Special Inspections 1 LUMP SUM $10 000.0000 $ 10.000.01) _ .�... Permitting Fees 1 LUMP SUM $20 000.0000 $ 20,000 00 General Requirements 1 LUMP SUM $2,500.0000 $ 2,500.60 ........ 02 - Existing Conddrons and SiteSelective Site Demolition 1 LUMP SUM $47,000.0000 $47,000.00 Work Debris Removal and �Dump Fees 1 LUMP SUM $5,000.0 _.. _ .., „�o�m. ......... 000 $ 5,000 QO Final Cleaning 1 LUMP SUM $2 500.0000 $ 2 500 00 03 Concrete ...... _ ... m ......... - _, ...__... .... ......._m ete Cast in Place Ramps, Landings, Pads, 1 LUMP SUM $403,740.0000 $ 403,740.00 Curbing and Sidewalks Concrete Cutting & Coring 1 LUMP SUM $2,000.0000 $ 2,000.00 ... , . �, a _ — ......... meg, �., ��,�„ ........ .... 10 Specialties (3) - 6" x 70" Floating Ramp Staging 3 EACH $69,000.0000 $207,000.00 Piers Aluminum Pile Guides 1 LUMP SUM $6,900.00D0 $ 6,900,00 Miscellaneous - Cleats, Ladders, Gangways 1 LUMP SUM $3,400.0000 $ 3,400.00 .� 9 New Concrete Pilings O - ings 9 EACH $1,822.0000 $16,398.00 .Earthwolic General Site Excavation and ,--�, 4 n and Finished 1 DD f ;Grading Site Fill 1 LUMP SUM $12,000.0000 $ 12,000. - p � ...__...� Y„P 9 P ,, M m.. .. 32 Exterior alt OveAay Only 1 LUMP SUM $8,000.0000 $8,000.00 m Dnvewa Paving Asphalt Driveway Paving Base and New Asphalt 1 LUMP SUM $17,000.0000 $ 17 000 00 _........ ,�.. , - .. - , � r,�,� � .. � �. - .. Landscaping and Sodding 1 LUMP SUM $2,500.0000 $ 2,500,00 o „ ..._..�.._ .�,..,.�........ � cap ........... _. w_ ........ , Miscellaneous, Curb Repair 1 LUMP SUM $2,000.0000 $ 2,00'0.00 — Compaction_ i M $ 5.00 Material and Testing Services 1 LIMP SVM $50000000 0 00 Surveying 1 LUMP SUM $14,000.0000 $ 10,000 OD ._ .... Bid Number: 002251121 Vendor Name: anzco inc Page 1146 of 1360 rt vr, best �escribes your company. Return this form o make it an official part of with yourresponses Local Business Status Certification I am an authorized ,p ent business and, on behalf of the Business, requesta deemed to be a local business for purposes of the Cfty of Boynton Beach Localrog r yes to Question I and Question *elow «cal business. In support of this request, I certify the following to" xcorrect: v 14 ME A "YI 10,141101111 w10 1 [*J1 VAL,N d r VTW6URM7j7WUoX tnai4tu ard n7=7 JM-17you are not a local business in the City of Boynton V" F We will not be submittino for Local Business Status Certification thin the Does the business have a is the business reg)stered of business tax receipt issued in with the Florida Division of Number of years in business"" Business license number"" Beach, thecurrentyeafl"" Corporations?'` yes r Yes r yes No r No �r No Contractor Qualifications Provide three (3) projects at a minimum of $350,000.00 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must Itemize this work using this form. contractor Quarificatiorm 1. Contractor must be licensed as a General Contractor for five (5) years in the State of Florida. 2. Contractor must be in business for the last five (5) years under the same name. the Contractor must have an adequate organization, facilities, equipment and personnel to insure prompt and efficient service. The CITY reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The CITY reserves the right to reject bids where evidence submitted, investigation and/or evaluation, is dtermined to indicate inability of the Bidder to perform. " Ibrfc History Project t - Minimum $350K Protect 2 Minimum S350K Project 3 Mlrttmum $350K ' _ .,.. Work History - Calendar Year 2018 Bldg 29 Boca Raton Utilities , ��,,,,,�� , , m,, ,._ Bfdg 25,33 & 52 Drying Bed 1401 Glades road 1401 Glades Road 1401 Glades Road Boca raton, Fl. 33431 Boca Raton, fl 33434 Boca Raton, FI. 33431 842000.00 855000.00 365000 _ Work History- Calendar Year 2019 _ y,,..�.,, Turtle Run S PBC County 6601 Sample Coraf Springs Turtle Run Blvd v 376000 720000.00 Coral Springs, fl. 3065 366000.00 Work History - Calendar Year 2020 Fume Hoods Boca Raton Utilities Bldg 27 & 48 Boca Raton Utilities ,Boca Raton Airport 1401 Glades Road 1401 Glades road 903 NW 35th Street Soca Raton, FI. 33431 Boca Raton, FI. 33431 Boca Raton, Fl. 33431 ......_ 4879 _.00.00 1515000 00 356000.00 ......... Bid Number: 002251121 Vendor Name: anwo inc Page 1147 of 1360 References Provide three (3) SIGNIFICANT PROJECTS current or completed in the last 3 years from customers that you have contracted with to provide Hardscape, Landscape and Irrigation Impeovements. The City is interested in learning of other experiences with your firm, as such; please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three (3) times. Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate 'TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, If required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. r fii;;Ry cik, .hi°ug here II Boat Lrfts and Dock Teva Tech lrr- are III I sR.lt bond actoi 4 ,i and fl,le f l lh4��: i, ;rhi°Gli 989 NW 31st Ave piling, and installation of Pompano Beach, FI. 33069 floating docks 1901 Soufh Con rens Ave Coral relo g cation and Boynton Beach, FI. 33426 monitoring 3-D Paving 9315 W. Sample Road Paving work Coral Springs, FI. 33065 Documents Ensure your submission document(s) conforms to the following: 3115 FDOT certified 11rne pir lP s tvIth 1helu, OIIM,ll E;- 804.00 O'�51161 7% Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 002251121 Vendor Name: anzco inc Page 1148 of 1360 laerirler� Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 202113:28:57 Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:29:33 Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:34:04 • C„�,�ii,�llll'�itl�„�„iu �aNUrmIg, Q� n� d.l iaa>!i.aaa-SBE certificate 10.26.18.pdf - Thursday March 11, 2021 14:11:44 • Qii t,if ii„ Uo n Ptaaw,U,nl IQ I laa.l° da ,,J,Ak tfi m 'e, Z j,a; _- Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:30:33 • 13ulbrinit C1,1n,91,11 ll lo,nliu,S, I'11ofe. i;+ii.nl 1:1 keirse ii'd dlin i evidence of IPir:,,enses qir 1lau, gine s:5 r,r„ iiu4ul; -2022 GC license 6.20.20.pdf- Thursday March 11, 2021 13:31:12 • 1:tiovbroilP=t ,,,i1,n4 ir,�iy;Gl_1u'kl,ailll4',t.Lka,�i„IerkR��a,:...aGIll,4.14„+lh a!+I,.IffliLi JQn1hm Iliu,,t,fmiiE 8id,a��Is,acl1a.., Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:32:30 ac 8.6h L, Quv ty 4 lax I .r„e„a 611,1 I.L,TM&lae,, I lQL1 Q aU e,a.J,°a, aa>n..6v1L!Qi r1y,)-Palm Beach business tax 2021.pdf - Thursday March 11, 2021 13:33:48 • la,;,'I`1u ld airr ii y ,alit„ I all ( {21l 1l l - Scanned Bid Documents 3.11.21.pdf - Thursday March 11, 2021 13:34:44 • e;„��.�)ii I e ln�� ;� t„ �,ei a �� I,e,:pa ,f 1�:2 - w-9 3.11.21.pdf -Thursday March 11, 2021 13:43:37 • ,,,e4n,4ipis,:n°°��°EILJ a�,�e,i�.�llirril. - Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 14:12:45 Bid Number: 002251121 Vendor Name: anzco inc Page 1149 of 1360 Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. IMlE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If IMIE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I1WE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. 5. IIWE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement 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 Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub - consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants 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. Confirmation of Drug Free Workplace 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 shak 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 stale, 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 firm complies fully with the above requirements. R IMIe have the authority to bind the Company and submit this Bid on behalf of the Bidder. - John Zak, President, Anzco Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r- No The Bidder acknowledges and agrees that the addendumladdenda below form part of the Bid Document Please check the box in the column "1 have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 002251121 Vendor Name: anzco inc Page 1150 of 1360 I have 11"OVICmin d the � 1131101 'w R dudu iu�i�duounn ii°nd, File Name dkaa Iluu1110n ft 111: Pages p11111ldar a I113I0 Addenda No 1 - Harvey E Oyer Jr. Marina Boat Ramp Improv Tue March 9 202109:43 AM F7 2 Bid Number: 002251121 Vendor Name: anzco inc Page 1151 of 1360 BIDDER'S QUALIFICATION STATEMENT TO B. COMPLETED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDD!*R S True, exact, correct and co m fete Name, Prmc aj Address, Phone, Email Address: l ce Avga .___ ... .........�� , ......_...... �_. _... .... ......... x� 2. How many years has your organization been in business under its present business name? 3. Under what other former names has your organization operated? 4. Names and titles of all officers, partners or individuals doing business under trade name: Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: ZAA What is the last project of this nature that you have completed? 8. Have you ever failed to complete work awarded to you. if so, when, where and why? THIS PAGE TO BE SUBMrFrED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr, Park Marina Boat Ramp Improvement Project 74 Page 1152 of 1360 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. f 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of Attorney, if any, for the business. ........ ..-.f1 �. ", .... t ^..-� . . ......_ ....... ._. _ ., ................ 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: — 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 16. What will be your turnaraound time for written responses to the City's inquires?.. 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question 01-? YES 7000 NO THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW -- Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 1153 of 1360 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. )'"g or r"A * 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name, job title, address and telephone number of contact person) — Minimum 1 Ft. w 23. Annual Average Services Revenue of the Proposer for the last three years as follows: a Government Related Work bhfon Governmental Related w .....,I,m To ark l Wa Work la UM In THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp improvement Project 77 Page 1154 of 1360 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed), (Title)__ '..... Subscribed and sworn to before me This ( 0 day of , 2021 Public My Commissio 101slo =14L.KUTCOMM71104 ExPhs ftuat t2, 2024 Bended Tin 7my Fain Intwm aDMOS.7099 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2513-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp improvement Project 77 Page 1155 of 1360 INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-211RW BID FORM L©AI` ED ONLINE B) COMPLETED AND i!P The work under this project consists of but not limited to: Services from a qualified Contractor to provide pricing for labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. Submitted By t� °� Date: 1 (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. c. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK inconformity with the drawings and specifications listed below, The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Paris Marina Boat Ramp Improvement Project 70 1360 5. Communications concerning this Bid shall be as follows: Contact Person Business Address � � :50 o � City, State, Zip Code n � Business Phone Number Email Address . Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) .... �. .,f ¢„� Federal `fax ID# Federal Employment ID # Submitted on this I I day of _ _.HA4CJ, , 2{)A. a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b.If a Affix Seal) Signature of BIDDER- ry ( corporation) ,,, ( g ,..... _ . ............ By , Attested by Secretary Incorporated under the laws of the State of� THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 71 ..... .......................... .... Paae ANTI -KICKBACK AFFIDAVIT TO ET BE COMPLED AND UPLOADED ONLINE 1111-11.1111111- . . . ........... _-, _ . .... . . . ................. STATE OF FLORIDA SS COUNTY OF PALM EACH 1, the undersigned hereby duly sworn, depose and say that no po6on of the sum herein submitted will be paid to any employees of the City of Boynton each as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of thj,.,;,4,o�)qsh'F51. i, By: .. .......... "A E.. SIGNATURE Sworn and subscribed before me this day of I-L,Ar & C 14 NOT CRY PUE ;iabie o Florida at Lar 6e— eu MELONEY L ROY ACommledonIlIGG978014 ExpirwAugustiZ2024 " i I� :W Bwdad Tfn Tmy Fain homm OMWO19 "OFFICIAL NOTARY SEAL" STAMP , 2021 Printed Information: _.)'r Z . ........ . ..... . ......... . ........ NAME THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE # ............ . . -- TITLE .......... . . .mir . ...... - COMPANY Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp improvement Project 79 Page 1158 of 1360 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. I (Signed.,,,. �.., (Title),, T - Subscribed and sworn to before me This 10........._ day of __ .. t.. .._ " - _ 2021 Public My Comm issio MELMErtlOy- Commission # GG 878014 EXPires August 12, 2024 BQWWTfwTmyFain Wwaj NiI48S.7018 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No, 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project ' 77 Page 1159 of 1360 BIDDER'S SITE INSPECTION CONFIRMATION Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID NO.: 002-2511-21/RW AfAi., 04_r&eJa,6,V'f& an authorized representative of: (Name and Title of Representative) {. ............ — _y w_ (hereinafter called the bidder) located at Na me of Company) ° �� ,.. � � � � � ��ej P „��:_. and that said _� -..._.. �� .. Company Address bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. DA E�OF IN TION � o CITY OF BOYNTON BEACH F. UP '! ; tl0 OWNER'S REPRESENTATIVE,w SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW—Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 78 Page 1160 of 1360 0 CITY OF BOYNTON BEACH E VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AND UPLOADED ONLINE Project Name: HARVEY E OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT _... Solicitation No.: 002-2511-211RW 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. 'Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall registerfor and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-251.1-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 84 Page 1161 of 1360 an unauthorized alien, The Contractor shall maintain a copy of such affidavit for the duration Of the contract, a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated S. 44&095 (2)9 but the Contractor otherwise complied with s. 448.095 (2) Fla, Stat., shall promptly not` fythe Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) -A contract terminated under subparagraph a) or b) is nota breach of contract and may not be Considered as such. d) Any challenge to termination under this provision must be filed inthe Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of I year after the date of termination, -'- Print Name: fE "- Z4 . .......... Title ... . ... .... . . . ........ . . ......... - Date: Phone: STATE OF COUNTY OF &XQCUJ) The foregoing instrument was acknowledged before me by means of o physical presence Or 0 online notarization, this If") day of ...... .. . . . by on behalf of . . ......................... . ................. He/she is personally known to me or has produced as identification. Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 84 1 —1-1 . ............ Page 1162 of 1360 0 NON -COLLUSION AFFIDAVIT OF BIDDER TO B COMPLETED AND UPLOADED ONLINE State of ) County of l'-LPom ,,, ) being first duly sworn, deposes and says that: 1) He is " of _ Tale �� Name of Corporation o, the bidder that (Title) ( p r integrator) has submitted the attached BID: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BIDspiracy, connivance or unlawful agreement any advantage against the Cit 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 thesebidder or any of its agents, representatives, owners, employees, or parties in interest, Inc��air phis affia'u' !iJ (Title) , .:':" "0Z A k,.. _. Subscribed and sworn to before me This day of t 20 N� Notary Pu ,,,lic (Signa e) M Commission Ex In(:WN Y P� ."��.�. Uri nuGvi onv Cornmis8100 GG 918014 Expires Auguet 12, 2024 BmW Tlvu Troy Fain Inswe= 8p Ku&7019 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 80 Page 1163 of 1360 0 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLETED AND UPLOADED ONLINE h _.��..... e--.....� on behalf' of .J certify Print Name and Title Company Name that ;6'q 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 Consultant of the City's determination concerning the false certification. The 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 the 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 Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services 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 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 Consultant, I hereby certify that the company identified above in the section entitled `Consultant 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. 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina goat Ramp improvement Project 82 Page 1164 of 1360 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. 442*0 xwc . . ........ . ................ COMPANY NAME r4f;MA-116RE 7:0 , . . . .. ..... — . ......... .. PRINT NAME DATE . . . ........ TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey F. Oyer Jr. Park Marina Boat Ramp improvement Project I . . .................. — - — ----- ............ . 82 Page 1165 of 1360 C4; E Ln juI LL ry y� f Y1 i Li c 1 11 m L d N C I Page 1167 of 1360 °f d, W m 4mB QO g A wl soft t1yWy 80.1 �# 00 W) wl Phi C: CJ CD 9eIIp� ppgg� soft q Iva Ln C> ° CA ca6 p ° 16, dee CSS rA �8 ° L d N C I Page 1167 of 1360 °f d, L d N C I Page 1167 of 1360 ANNE M. GA?9114()N P.O. Box 3353, West Palm Beach, FL 33402-3363 OCATED AT - 0101 NSMUT[GRA LVAK 0WIECT-OR www.pbctax.com Tel: (561) 355-2264 SL112114g Palm hganh County 9671 CAROUSEL CIR S 0 Sorving - SOCA RATON, FL 33434-3926 you. 23-0051 GENERALG ONTRACTOR ANZGOINC ANZCO INC 9671 CAROUSEL CIR S BOCA RATON FIL 33434-3926 STATE OF FLORIDA PALM BEACH COUNTY 202012021 LOC LBTR Number 201013321 EXPIRES: SEPTEMBER 30,2021 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. Page 1168 of 1360 ACORU� CERTIFICATE OF LIABILITY INSURANCE„..,. ,. BATE (MMIDO/YYYYI CERTIFICATE DOES NOT AFFIRMATIVELY --,.� ,,�, _ EOR NEGATIVELYTHIS CERT!Flaiiii NFORMATION ONLY AND CONFERS NO t BELOW. THIS CERTIFICATE OF INSURANCE DOES NOCONSTITUTEXA CONTRACT T BETWEEN OVERAGE AFFORDED BS THE POLICIES AUTHORIZED /23/2021 TEND OR ER THE RIGHTS UPON THE CERTIFICATE HOLDER. TH 5 THE ISSUING INSURERS}, AUTFIORfZEp iis ONAL INSURED,OLDER. .:,,, .,P If SUBROGATION IS eliEFI hG subject ton ADeml � .,, h REPRESENTATIVE ORP PRODUCER, AND THE CERTIFICATE H policy, P Y p sand condionOf the li oha s vertamhaohc spmaONe requirean endorsement. or b• or„ e endorsed. A statement On W.F. RDemertlnsues notconfer rt hts to the cert ”"" such endorsement(s). Is certificate PRvouceR I tate holder m lieu of su�dNr�T,, ,,, Insurance NAME: , Certificate Department _ PRONE 3775 NW 124 Avenue IAPV,al� )`954-_731-55.66 _— – T,FArAxc N_oL54-731-8438 Coral Springs FL 33065 — ADDRESS` wfr.cerliffcates acentrla-COm -�._____�"_�- INSURERS AFFORDING COVERAGE � � NAIC tt �NsuREg,a: American Builders Insurance CO 11240 tNSUREO ANZCO-1--�-- AnzCo, Inc. INSURERS . Evanston Insurance Comm I 35378 9671 Carousel Circle South INSURER C Travelers Casualt�Insurance CoT anyf America 19046~ Boca Ratan FL 33434 _ INSURER D: James River insuranceCD ...,. _. 12203 -INSURERE r .. CQ HIS IS INDICATED. CERTIFY THAT T NG ANY REQUIREMENT, INSUR_NUMBER 13759fi3860 – ^ ^ VERAGES � REVISION NUINEEf2: _ INSURANCE LISTED BELOW HAVE BEEN ISSUED ATO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ".- EMENT, TERM OR CQNDITIDN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFQRRED 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. D _. " . TYPE OF INSURANCE TOLICY EFF�POLICY EXP --- - - MISR L7„ X COMMERCIALGENERAL.--iM�dlrth ".."`...... POLICY NUMB{i„.^. ryq. r�µpr^y NV$IMfDb-I., WWu ,,,., _ �, %Ma��.I.. l 1 , v LIMITS _ ..,, . - - M LIABILITY Y f, !GU�E �O....-. 001130650 2!2212021 2!22!2022 EACH OCCURRENCE'- � � m CLAIMS -MADE � OCCUR R � �__ $ 7 000,000 - " "PREIAPE_S (Ea occurrence $100,000 $5,0 0 PERSONAL & ADV INJURY GEN'L AGGREGATE LJMIT gprpLlES PER: I GENERAL AGGREGATE POLICY JECT LOO PROOUCTS•CDMPIOPAGG 32900,000 - -- �� OTHER I 4 "�----.._-,...�� ...W„,w. ,_� ........___.. _...,...� ., C AUTOMOBILELIABILITY BA -3P526990 -20.42 -GI C 111118/2020 11/1812021 �eo"SNIGLffCIMTw X "ANY AUTO LEad 31,000,000 .. BODILY INJURY (Per Person) .. ,$ OWNED SCHEDULED AUTOS ONLY AUTOS ED NON,OWNED BODILY INJURY (Per accident AU TOS —_—. -- HI ONLY , ,. AUTOS ONLY PROPERTY DAMAGE -' ---"- r(Per acpdenf� MSRELLA IJAB X .. 2/2212021 2122!2022 � OCCUR MPXS3001937 EACHOCCURRENCE EXCESS Like - _ I $ 1 DO(1,OOp� DED RET CLAIMS MADE I f ELATION" .,.,..-;._--.. ,»,n ..-.... .—.� ...—...__-.. m21 X ... ati 51000000 AGGREGATE A 1 WORKERS COMPENSATION WCV 0088831 10 7121/2020 7121120 CHER OrH"— $ .........._JAND I OFaFIEER(MEMBER EXCLUDED ❑ I N!A'. ! E—L I STATUTE E - �ANYPROPRIETOWARTNERIEXECUTIVE YIN — i EACH ACCIDENT �3 1,000,000 ( a ry In NH) IYY - I If yes, describe under - F.L. DISEASE_ - EA EMPLOYEE $1,000,000 ,„pAESCRIPTION OF OPERATIONS below ........ ........ ,,,,,,,,, EL_ ❑ISFnSF _ oni Inv � n.�r „, �..,, ,,.,., ..-......�. ..-.�,,, ......... ,w,.. ,,,�........ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD f01, Additfonaf Remarks Schedule, may attached if more space Is required) The interest of City of Boynton Beach is included as Additional Insured when required by written contract subject to Policy terms and conditions. City of Boynton Beach 100 E Ocean Ave Boynton Beach FL 33425 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2095 AC The ACORD name and logo are registered marks of ACORD All rights reserved. Page 1169 of 1360 Form ,— Request for Taxpayer Give Form to the (Rev. December 2014) identification Number and Certification requester. Do not Department of the Treasury Send to the IRS. Internal Revenue Service � ,. y tax retum)_ Name is required on this line; do not leave this line blank_ t Name (as shown on our income ��a �r� return)- " Anzco Inc. ............. _ ... N 2 Business name/disregarded entity name, if different from above . a) CID 8 Check appropriate box for federal tax classillicatlon: check only one of the following seven boxes: 4 Exemptions {codes apply only to ❑ IndividuaVsole proprietor or ❑ C Corporation certain entities, not individuals; see ❑ S Corporation ❑ Partnership ❑ Trust/estate yr instructions on 3}: o Urne-mAmher LLC ❑Limited liability company. Enter the tax classification (C=C corporation, S=5 corporation, P -partnership) Do- page Exempt payee code Cd any} p '...... Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting = e the tax classification of the single -member owner. code (if any) Other see instructions ► IL, U ❑ .....( ) WppfesroxccvaN• once.... aursrUe the U.S.) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) U a 9671 Carousel Circle South y.— ............... ..._. ..... . W 6 City, state, and ZIP code m Boca Raton, FI. 33434 ..... _,.,.,.,..,.. ®, 7 list account number(s) here (optional) t _ .............._...... _._......................._.... • i oyer identification NumberfIN m, PP P.,w Enter your n the „ ... ___................................................__ TIN in the N provided given on Eine 1 to avoid appropriate riate box. The TIN Social seta • number �� Y backup wit our social security Hume p withholding. sol For individuals, this d generally number page However, fora g resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. Forother entities, it is your employer Identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart an page 4 for Em P Yer..... ficafzan_�- to number guidelines on whose number to enter. 2 22 0.. 8 4_ [0 Certcation -a .4 �— Under penalties of perjury, I certify that�� 1. The number shown on this farm 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 QRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. i am a U.S. citizen or other U.S_ person (defined below); and 4_ The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interesta payments or abandenmen 1, secured property, cancellation of debt, contributions to an individual retirement arrangement OFA), and paid, acquisition generally, p y I, r rest a �d diViZ34n° i you are not required to sign the certification, but you must provide your correct TIN. See the instructions on oacie 3 1� . .iryn Signature of Here f U.S. person General Instruct Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 {such as legislation enacted after we release it) is at www.irs.gov1fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information retum. Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from Stocks or mutual funds) • Form 1099-MISC (various types of income, prizes. awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Form 1099-5 (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Date ► ,,fir/ • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2, By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued). 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231 X Form W-9 (Rev. 12-201, m 4) Page 1170 of 1360 7.E. Requested Action by Commission: Approve the renewal of the bid no. 019-2821-19/IT award for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, Lift Stations and Storm Water Utility Systems." Approve an increase to the annual estimated expenditure from $355,000 to $900,000 for Fiscal Year 2021. Beginning in FY 2022, the request for annual expenditure will be reduced to $500,000.00 Explanation of Request: On May 7, 2019, City Commission approved a two-year bid award to Madsen -Barr Corporation as the primary vendor, and Johnson -Davis, Inc. as the secondary vendor. via Bid no. 019-2821-19/ITfor "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems." The current terms of the Bid Award are May 8, 2019 through May 8, 2021 with the option of (3) one year renewals. Utilities is requesting to renew the bid for for the first (of 3) one-year term; (May 8, 2021 through May 7, 2022. Madsen -Barr and Johnson -Davis have agreed to extend the bid with the same terms, conditions, and pricing. At the time of the bid award, the estimated annual expenditure was $175,000. In July 2020, the Utility Administration requested an increase to $355,000 to cover additional repairs. Since then the Utility experienced three significant emergencies causing the need to increase the purchase order to $900,000. Three significant emergency repairs that occurred were: • SE 1st Street 8" Sanitary Sewer and Manhole Repair (approximately $260,000) • Boynton Lake Estates (approximately $105,000) • Lift Station Repairs for Pumping (approximately $101,000) How will this affect city programs or services? This allows Utilities to perform emergency repairs on the systems in an effort to decrease the impact of these types of events to our City and residents. Madsen -Barr and Johnson -Davis have been reliable vendors and provide the Utilities Department with high quality, timely services during emergency repairs. Fiscal Impact: Budgeted Sufficient funds are available in Water, Wastewater, and Storm Water accounts. Estimated Annual Expenditure: $900,000. Alternatives: Obtain quotes on an "as needed" basis which would not allow Utilities to respond to emergency Page 1171 of 1360 repairs in a timely and cost-efficient manner. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Attachirneint D Attachirneint Description Madsen Barr Agireeirneint tc..) reinew, J ohnson DwAs Agireeirneint tc..) reinew. Page 1172 of 1360 The City of P!!Mnton Beach February 24, 2021 FinoncelProcurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 7426316 BID: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems BID No. 019-2821-19/IT Agreement between the City of Boynton Beach and MADSEN-BARR CORPORATION: BID RENEWAL TERM: MAY 8, 2021 THRU MAY 7, 2022 V 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) NAME OF REPRESENTATIVE, (please print) Z(z rpm EMAIL ry 5_IATURE rm_ Broward: (954) 489-7773 Palm Beach: (561) 753-6363 Fax: (561) 753-6382 Cell: (954) 401-6758 Email: johnbarr@madsenbarr-com America's Gateway to the Gulf Stream 12113 Indian Mound Road Wellington, Florida 33449 Page 1173 of 136 The City of Boynton Beach February 24, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Mr. John Barr Madsen -Barr Corporation 12113 Indian Mound Road Wellington, FL 33449 VIA E-MAIL TO: ,;�-,inbarr.corn BID: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems 10 1 !11=01 1 H WON a R Dear Mr. Barr: The current bid term for "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" is expiring on May 7, 2021. We have, been pleased with Madsen-Barr's service. The bid documents allow for three (3) additional one- Yar ex'15-Insions 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 L�Ls at your earliest convenience. If you should have any questions, please do not hesitate _ to contact Julie Alibrandi at (561) 742-63118, Thank you for your consideration. Sincerely, IY10'. a�.4 Mara Frederiksen Director of Financial Services c: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities Melissa Roberts, Administrative Assistant, Boynton Beach Utilities File America's Gateway to the Gulf Stream Page 1174 of 136 The City of Bounton Beacl Finance/Procurement Services P. 0, Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX (561) 742-6316 February 24, 2021 BID: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems BID No. 019-2821-191IT 111111111111111 �411iill!!lll• • Jill I Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an No, I do not wish to renew the bid for the following reason(s) NAME OF COMPANY ej," NAME OF REPRESENTATIVE (please print) fy DATE E-MAIL W (AREA CODE) TELEPHONE NUMBER Americo's Gateway to the GuljStreGrn Page 1175 of 1360 The City of Boynton Beach February 24, 2021 Firionce/Procureme n t Services P. G. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Mr. Scott Johnson Johnson -Davis, Inc,. 604 Hillbrath Drive Lantana, FL 33462 VIA E-MAIL TO: sjohnson@johnsondavis.com BID: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems CURRENT BID TERM: MAY 8,2019THRUMAY7,2021 Dear Mr. Johnson: The current bid term for "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" is expiring on May 7, 2021, We have been pleased with Johnson-Davis's service. The bid documents allow 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 L�t ,gjC4ndjjd)bL)L f at your earliest convenience., If you should have any questions, please do not hesitate C_ _ to contact Julie Alibrandi at (561) 742-6318. Thank you for your consiideration. Sincerely, 140W Mara Frederiksen Director of Financial Services c: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities MeHssa Roberts, Administrative Assistant, Boynton Beach Utilities He America's Gateway to the Gulf Stream Page 1176 of 1360 Public Hearing 4/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-021 - First Reading - Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, General Administration, Article 11, Definitions, and Article V, Housing Initiatives, Section 2, Workforce Housing Program. (Tabled to May 4, 2021) Explanation of Request: The present version of the Workforce Housing Program was approved on December 17, 2019. The 2019 amendments included two key changes to the program's applicability. The first change was the expansion of its geographic applicability from the Downtown Transit -Oriented Development District (DTODD) only to citywide, for projects with the future land use (FLU) classifications of Mixed Use High, Medium, Low, and Special High Density Residential. The second pertinent change was to extend eligibility for the 25% density bonus—also citywide—to developments implementing affordable housing programs with 100% affordable units in all FLU except Low Density Residential. Additionally, the 2019 amendments included the increase of the fee -in lieu amounts for both for -sale and for rent units. The higher fees were intended to encourage construction of units. To further incentivize construction, the amendment also included an increase in the percentage of set-aside workforce housing as a base for in -lieu fee if the payment option was selected. Staff presented several possible revisions to the existing Workforce Housing Program to the City Commission at the January 19, 2021 meeting. The revisions discussed included: revising the income requirements used from the Palm Beach County HUD Area Median Income to Boynton Beach Median Household Income, the separation of the workforce and affordable housing programs, reduction in the number of units required in order to participate in the program, and changes to the program bonuses. Staff received feedback to proceed with the above revisions and these revisions are included in this ordinance. The feedback on the current W H Program from the private sector indicated that further revisions are needed to achieve both the Program's goal to provide attainable units and make it feasible for developers. The main issue was a dramatic rise of land prices in recent years, resulting in very high development costs, especially for projects in the City's downtown and adjacent areas. Expensive multi-level structured parking, required in the highest density projects, made them financially unfeasible, notwithstanding application of the density bonus. The proposed amendments aim at making the program more usable and attractive to the private sector, and therefore support redevelopment projects of strategic importance to the City. The following is a summary of the amendments: • Separate income eligibility criteria and provisions relating to construction on-site for "workforce" and "affordable" categories, while creating a uniform payment option (fee -in -lieu) for both categories; Page 1177 of 1360 • Set a 30 -year term of restrictive covenant for affordable units (versus a 15- year term for workforce housing); and • Change the source of income data for the Program from the current Area Median Income (AMI) for Palm Beach County as provided by HUD, to the Boynton Beach Median Household Income (MHI) as taken from the US Census American Community Survey. There are no changes proposed to the amount of the fee -in -lieu. Staff recommends approval of the subject code amendments to increase the development community's interest in participation in the Workforce Housing Program. The Planning & Development Board reviewed this item at its February 23rd meeting and forwards it with a recommendation for denial. How will this affect city programs or services? The subject code amendment aims to increase the development community's interest in participation in the Workforce Housing Program and ultimately add attainable housing options to the City's housing stock. Fiscal Impact: Budgeted The amendments will have no direct fiscal impact. However, once the program is utilized it may allow for a greater number of units to be built that ultimately contribute to the tax base. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D f"firdliir:air c,(:.. D Staff If e 1po it t D irne ind irn¢ in t D Oth eir Description itdliir:air:c,¢�.s Staff If elpoirt Exhibit irne ind irna in t Presentation Page 1178 of 1360 I ORDINANCE NO. 21-021 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE 6 V. "HOUSING INITIATIVES", SECTION 2, "WORKFORCE 7 HOUSING PROGRAMS"; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the present version of the Workforce Housing Program included two key 11 changes to the program's applicability Workforce Housing Program and was most recently 12 revised on December 17, 2019; and 13 WHEREAS, the proposed amendments aim at making the program more usable and 14 attractive to the private sector, and therefore support redevelopment projects of strategic 15 importance to the City; and 16 WHEREAS, the City Commission has considered the recommendations and has 17 determined and finds that it is in the best interest of the citizens and residents of the City of 18 Boynton Beach, Florida to approve the amendments to the Land Development Regulations 19 Workforce Housing Program as contained herein. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing whereas clauses are true and correct and are now ratified 23 and confirmed by the City Commission. 24 Section 2. The Land Development Regulations of the City of Boynton Beach 25 Code of Ordinances, Chapter 1, Article H, Definitions is hereby amended as follows: 26 Chapter I, Article H, Definitions. 27 ... 28 AFFORDABILITY CONTROLS - Restrictions placed on >z( ,rrdrt 1c ri � id workforce housing units by which 29 the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the 30 units remain affordable to low and moderate income households. -1- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1179 of 1 360 31 A.FF0 14,I)A1111,11' 1111()ifjSlN(11JA1 1" - A dvv,,dllillr€r w be srrllrf M ]lr&Cd W �ulr illrrfikilrfrwrrll arr° ��°lillly drrr�. 32 illy W lriluw°1r V1rC r°� � �;;, arr° lir°larr Ermu°.':C"..] a lir°lC`MS (illruw°llrRJM...:fjj� uJ1 .gull, mWres�, Maes, 33 allR;UTrMrGwC` Mr4f �ussoc,''�IJO� ..4fgr s IIw XGw°�,� 4Y drl11V 1Err"Gw°11r� „�� t7 Q f � � Eros allrGw°Q ll4"a��.,. 34 0 lra US(,.I10kfS �;l� l� �urv...uwll�u��<rilf`'�rrf �u�r �(,."ry lOVV gar IOV lrarrN.CJI011rfs.,.. 35 AFFORDABILITY TERM - The time arl <01'orJ i[ lr: or workforce housing unit is required to remain 36 affordable to income qualified buyers or renters. 37 ... 38 BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in -lieu of payments, 39 donated land, or housing units for the purpose of providing �dI'or,d�d llc �imf, workforce housing units. 40 41 ... 42 DEED RESTRICTION - All for sale workforce housing units created under the Au6ulllr�d llc 43 eFltfaFee- Housing Program shall be deed restricted for fifteen (15) years, recurring. All rental 44 workforce units created under the program shall be deed restricted for fifteen (15) years, non - 45 recurring. Allll [or sr dc �dj'rr°df llrllc 1ra�..„<lllrs.r a OLVJll1=(' Pray€.rr°�q,, Q a.. �lrll�<, uw°r°v�um�rr rwarlr err° � rl /">��sulllr �u rl�r f l.. a.... � lir°l <rr�ul.a 46 be.. deed rcuy„ frrdrlrav (;u)) ru~�rrllr, Alrrrd �dj'rrdd r f10LVrr.' U �<~Md(,rr .. 47 dic,, pwrowr,r,��ii-r srir illl bc” dccrf f'or drilrav ...yc"�a s, rlrQrlr r�ruw;a„rrlllrswr The deed restriction shall be 48 recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. 49 ... 50 ELIGIBLE OCCUPANT - Relative to the , /"1usJi I�u>I�„llc Housing Program contained in 51 these Regulations, it is a person who meets income requirements of the program. Priority will be 52 given to persons who have lived or worked within the city limits of Boynton Beach continually for 53 one (1) year immediately prior to the date of application for a workforce housing unit. 54 ... 55 INCOME QUALIFIED HOUSEHOLD - Under the 14ousing Pprogram 56 provisions of these Regulations, it is a household whose income is verified to be either low income 57 or moderate income. 58 ... 59 LOW INCOME HOUSEHOLD - Under the-e-Auauill d llc Housing Program provisions of 60 these regulations, it is a household with a gross, combined income between sixty percent (60%) and 61 eighty percent (80%) of the kovmoa i keM.11„ MC(lM1 fllarLN(,rrarlr 1„lruw°arlir°1�. illr(,rr rv.�lr�,, mv�r ur° l.lS C �u r �rf 62 CCWMs r Alirl�°r°lluw°.o r CarliTlU)°lrwlritdy Srwr.r(,1�, , - 4 .. 63 p A44+e l H+ttirlly- mho- paF�HW,4 0rIHd4Jr ve4opiw%t (H41)4- 64 ... 65 MEDIAN HOUSEHOLD INCOME (MHI) - Under the if ousing J, program 66 provisions of these regulations, it is the City of Boynton Beach Median Household Income �s dr: e"irlcd 67 .ic��rrninililli� r�r (rr ° ��r. to ..�..� r.11 Ali i�,y. rrrr:rrl.<ili 68 69 ... 70 71 MICROWAVE DISH ANTENNA - A dish -like antenna used to link personal wireless service sites together 72 by wireless transmission of voice or data. 73 111111111INCO' 111,' 11 (WS111,11011) tJmfcr dr„1 Aua'a d llc fllOLVJllr„U Pl” g r 111 plro�ll<llarlrrr0. drrsr�. rwll�umllfllr< ll� 74 r'�... l..< �u rrrNrrrrrWdr �1' Err ,,� „.. k'WX l2 L` 2 !' w cr ''�� rfiM1 Ellam„ Is 75 �� „u. ��,;r.@ .;iulrr arlrl; rrwlrr l��r arr°a„,r 1wE�r°uw°�r,lr� �..�,erf ar ...� r�r �ar,ylr�arlr �"��uuw°r �rlrar r llsuwarlir°lir „ 76 lry (frr...r y to /arrrr:ricr it l Crrnrrirlillt 77 ... -2- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1180 Of 1 360 78 MODERATE INCOME HOUSEHOLD - Under the Housing Program 79 provisions of these regulations, it is a household with a gross, combined income between eighty 80 percent (80%) and one hundred twenty percent (120%) of the PIQVMQ�l P)CM.J1 MC(Jfll h0LN(,.j10d 81 G&R-aty, <Is defille'd by Ole, yc,<Ir 82 Anicric�i�i Conini�i�ii(,v pt"-islw� 83 De 84 85 RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale 86 and rental and subsequent resale and releasing of �dj'orddflc or workforce housing units created 87 under the Housing Program. V'or �dl'orddflC lIQLVJa�12 LfllflS dIC" k.'TITI 88 rc"s�ncm C c'm �1, vell-reM is Y�U'S, T'CCUT T �'QT� Sr LfllflS Mid Y�US 89 C'QTTVMd Lflj�S, WM'CCUTIJ�1(", V'M VVQTJi'orcC LfllflS term ofthe restrictive covenant 90 and agreement is fifteen (15) years, recurring, for sale units and fifteen (15) years for rental units, 91 non-recurring. 92 VI,'l,4,Y 1,0\�,' I NC(Mll l," 11 Otisl" 110111 - t,j�ldcr ..dic A� &a'�idflc � IOLVJaL,PrOLT 1111,pl�m �sw�ls 0�' 93 dICSC TV2Ld�IJOW�, �'S �1 �10LNC�10(f V�,Jdl �1 2WSS, C,011-rH'�Icd Mld 94 s'x c�i g �'� C P, OV �1 � 0�1 PIC � K+ M Cd'� M � 1l OU Sc,, li 0 d 1l �i c. oi-r is d (,.,, Cj i I )v � Ii (,.,, 5 -ve u t, J S 95 ('CMMs ('QITIT)ILMMv 96 97 WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that 98 is income qualified in which the rent or mortgage payments (including principal, interest, taxes, 99 insurance and homeowner association fees) does not exceed thirty percent (30%) of the gross income 100 of households that are classified as low or -moderate �o i-rJddh.,, income households. 101 Section 3. The Land Development Regulations of the City of Boynton Beach 102 Code of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby 103 amended as follows: 104 ARTICLE V. HOUSING INITIATIVES 105 106 Sec. 2. AitahiaNc, *--k�i-4(.-fefec—Housing 107 Program. A. Findings. 108 1. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing 109 gap between housing costs and wages in the city; iio 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and III maintain any ordinance that is adopted for the purpose of increasing the supply of workforce 112 housing using land use mechanisms not withstanding any other provision of law; 113 3. Public Interest. The City of Boynton Beach has a legitimate public interest in 114 preserving the character and quality of neighborhoods that require assuring the availability 115 of workforce housing for low and moderate income persons in the city; 116 4. Sense of Community. The city recognizes that the need to provide workforce 117 housing is critical to maintaining a diversified and sustainable city having the character and 118 sense of community where people can live and work in the same area; and - 3 - S:\CA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1181 of 1360 119 5. Housing Availability. The city is encouraging the production and availability of 120 workforce housing and at the same time is cognizant that escalating land costs and rapidly 121 diminishing amounts of land hinder the provision of sufficient workforce dwelling units by 122 the private sector. 123 B. Applicability. The program is voluntary. Developers who choose to participate may be 124 awarded incentives outlined further in this article. The following regulations shall apply to 125 development applications for projects with 4W4 -&4E— kffld WSe 126 e4..:.E .. ,. 127 128 w4t-Mixed Use High,Mixed Use Medium, Mixed Use Low,.,,,..:.tel-Special High 129 Density., auuuui I:iuw..".�� !Gw°u]� I �41 future land use classifications.';;,,iO� are 130 eligible for the program citywide in areas where such classifications are allowed 11 a, u V r II G 131 u'Is u C 1'I m ficmuois uiul zoui�urnu uiml�cls � i.k, �2b. 132 Lairid I.J41 ��C114111114 ��. III4u II�IIIAY'..0 4 .. lea .. .. � ��44111�IIIuY ��u IIIC114 1yVl� Q(IiU. n Q Qu 'ISit Il�1'QSi(IQ 'Riau °�. IIS ,u, IIS 3 ari(I J „II N QSi(IQ �'I(uuul III; VJQ ari(I II"VJ S:p:pu uu II N @u � u�cu� Il�u�� u:�u�cu(u ul III',"VJQ ari(I II"VJ 1yV'b(Q(I. J S Q 1.CW Ujjariu] S11"yr'lU „p"yr'llb(Q(I..VJSQ 11yV'Q(IiU. ru VU -2 uucuu] 11"yr'U-3 1yVII J-4. ari(I 11yVII �J - CCS' u� 133r 134 135 b 1-if(.),gec4il)le4n44+i�..... ze tl�l.e.....l�c�a-� ifIg gr t� ��....: t Plft... �u t..le 136 �:u�1u � � � _ .:�..:t- - � .�°Vtl 137 -e iti..a..1...:. 138 C. Provisions. The developer may elect to obtain a density bonus and/or a height bonus 139 through the construction of the workforce units on-site or off-site, monetary contribution, 140 donation of land or purchase of units to be designated as workforce, subject to the limits and 141 requirements of this article. 142 L Construction ofworkforce units on-site: 143 1. To be eligible for the requested density bonus through the construction of 144 workforce units on-site, the developer must incorporate such units into the 145 development as follows: -4- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1182 of 1 360 146 a. Projects located within the Downtown Transit Oriented Development 147 District (DTODD) lav usGw, ° . Ilia u�l�' o o �� 148 a�,� � p �s�Gw°u II`mGw. a'�„', ensu onus o u to �� o,... u�u�ir� C,��p�ld ��.`�� °��1 � �u�...��uir� 1�i 149 m WGw°(l l J sG J hg�a11'l ?:. gko uai sGw...: &W+ ` . ii g.:wk.4e height bonus (.� 2..1..- - 150 of � �� ( ) additional store G sy (up to a maximum of 2412 feet) M11, u 151 f O ""shall designate a minimum of fifteen percent (15%) of the total proposed units as ... f ..... 152 workforce housing units. 153 b. y 1'eca tc - &ff D°Ilbb &9 i:y II N. ""* "L. N"LL'X'"""Y F�id'� .. W.l R,I. .. • r� ,• ,. 154 O'Vefl y W44IF94e ed......t4 155 .�be"dis' ( � 156 4= `--1=ke1- botiwi 41.......:(1 157 i.1.24ee0...-I- ec w.e. 150 54ur�"!4ei-kT� ef :j. - . , .yt. 159 (2"')....(.",we....: u1 131- s.e ^ tn'i .. ,i w'(.* 160 b .."-Projects located outside of DTODD with MixGw°(l Use Medium, Mixed Use Low.,, . - 161 Special High Density Residential.,m... .. �°�.mu� ° . land use 162 classifications are eligible for a density bonus for up to 20�'%. Such projects shall designate a 163 minimum of l..j l!G.,,c Aeffpercent (150%) of the total proposed units as workforce housing units. 164 Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional 165 story (up to a maximum of 12 feet). 166 ° ..p.: —'we 1T_ .4 :: ° - &en's' ty : 1;...... � e el" r + ...detet 167 .... ..X 168........ e ..................... 169 ::::. .... - ..' ...:.... ...... 170 A 171 172 2. reqm4-4.--- 173 ,° - .. .�:......1. e..... .....� - 5 - S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1183 of 1 360 . ^ .u�xxu r^r W a ��x„ ' 174 � ; '$-�', . _ 4� �_ � �,w.f�ucar-v� �el,c�-rr�caw., x�yar�-r,�a-s-&�y �.k��..p.: b," be -'—et- s�., 4 175 fr-Y d. f. a4ew.....iffeo e- hoKAK44s-- 176 2.3. Fractions. If the number of workforce housing units results in a fractional 177 remainder greater than one-half (0.50), the number shall be rounded up. If the required 178 number of workforce housing units results in a fractional number less than one-half (0.50), 179 the number shall be rounded down. 180 34. Number of Units. The workforce housing units provided shall have the same 181 percentage of unit types as market rate units within the development. The unit types include 182 the category of structure (single-family detached and attached, multifamily), for rent versus 183 for sale units, and the number of bedrooms. Relief from this provision may be granted if the 184 intended purpose is to address particular needs of the community, substantiated by the 185 provided data/analysis. 186 4.5... Staff Approval. At the time of &."N cjopt ji G.,, m;, p J g y 187 �a�1� �e�-��. ��, � . ,�e-- ro ect �„ must be reviewed and signed off b the 188 ,(aijiw.,klnilm...m(j....CommumtyImprovement]iii�4;.°� �� „� .°° „the ci.l.�-as 189 part of the s 4i* approval process for compliance 1�1(." `m 'IbjI .,, l nj�j �iauiwc w44,41 190 fk)fda. ° � IA 1= 4-W41-1,;, ..i..fl....aS- 1 4ee7 191 56. Site Plan. The site plan shall clearly identify the location of workforce housing 192 units. Additionally, tabular data must be included on the site plan showing the address or 193 unit number, total number of units, number of bedrooms of workforce housing units and 194 the targeted income levels. This shall be included with the market rate data. 195 0.7. Sale Restrictions. Workforce housing units shall:; be regulated in terms 196 of: a. Initial sales price or rent levels; and 197 b. Subsequent resale prices or leasing rates. 198 C. If sl�cl compliance with a land development standard would preclude 199 construction of a residential or mixed use development in which workforce 200 housing units are included, pursuant to this chapter, the applicant may submit 201 a proposal for i waiver or reduction of the development standard. The 202 applicant shall show that the waiver or reduction of the development standard 203 is iii ii i� ii ave ua ave necessary to make the workforce housing units economically � `u Gw° ... .. 204 feasible and that such a waiver will not compromise any of the ( city's life 205 safety standards. i(h(.,,�sGwjy �avi ��,IJ riill l av �IiGw". ah�av�uaii��i (n�ua��uav�u�Gw.. .. D(."Saigg .... 207 ".uu swui��:��uVrullui:v:..�� .°u i��u�ui�'.�. ��G,�1��°�Ilu�i� 4M,... 12 I 208 i �G,,cl k iwol 210 ��G v u G ' uua G �� G „w a uG � G�".�� 'm( ... °� ui�� by �:�„a�G uI:v Damp d s soo ..,. 211 74. Recording the Restrictive Covenant. Prior to the issuance of any building permit, 212 the restrictive covenant and agreement shall be recorded in the public records of Palm Beach 213 County. The term of the restrictive covenant shall be fifteen .(15) years, recurring f; n fm -6- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1184 of 1 360 214 m� Gw°i�� ua� i�� ii I s, A copy of the recorded covenant IIGw° � uaii��rm �u��Gw°Gw°i�� Gw°��m. i��i��Gw°�°uai��ui��s... ��:.. ... ...... 215 and agreement shall be provided to the city prior to the issuance of the building permit. 216 IIb�� 252 b..;. -7- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1185 of 1 360 Payment In Lieu of Construction of Workforce Housing Units (per unit) -s- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1186 of 1 360 For -sale unit $82,986 For rent units $36,760 293 Note: Payment -in -lieu amounts shall be revised every two (2) years, based on (i) median single-family home 294 sale price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii) average 295 monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, 296 Inc. 297 298 3-- Donation of Land. The value of the land shall equal or exceed the total "in -lieu of 299 fee for all workforce units or shall be of sufficient size to develop the same number of units. 300 The value of the donated land must be verified by a MAI appraisal no more than three (3) 301 months old. The appraisal shall be obtained by developer at developer's cost to verify the 302 value of donated land. The land shall be deeded to the city prior to the issuance of a final 303 certificate of occupancy for the development. 304 Off -Site Construction. The workforce housing units may be built off-site, provided 305 they are constructed within the City limits. All off-site workforce housing units shall comply 306 with all sections of these Regulations. 307,: Purchase Market Rate Units. Purchase an equivalent number of existing market rate 308 units to be deeded to the city or sold to eligible households. Such units shall be deed 309 restricted to comply with the Workforce Housing Ordinance. The developer may retain the 310 title to off-site units subject to recordation of a city approved deed restriction. 311 D. The following requirements shall apply to built or purchased workforce or:..af fonla(rk 312 units: 313 L Rental Housing Units. 314 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the 315 public records specifying the income level served, rent levels, reporting requirement and 316 all restrictions applicable to the workforce housing units. All leases on workforce 317 housing units shall contain language incorporating the restrictive covenant applicable to 318 the workforce housing units and shall reference the recorded restrictive covenant. The 319 restrictive covenant shall remain in force for fifteen (15) years for -yo1.td`( cGw 320 an(1,Jn...(JVD) y�w" N 321 2. Rental Rates 322 a. gete to � nu l�"....low income households at �\ � � o ��,,.,.�u r II G a(u u m u i�u �� a i�lJnits tar cry � 323 1 .i. percent (3.40%)eightyto percent (80%) of the ll 1 Gw°uv� Mc,(Juan 324 Jfmiiscj'w�(J IlnConlc, as Iry 5...v,Gwar [J°; ( (.,,n, ,iis AauiGw°r�can ( onum,iin lv A.. p ( (,D�% of the H 325 shall not have rental rates that exceed �� G , � l:v percent (�� ) UD 326 determined fair market rent for the area. 327 b. odd" g u11_....�nits targeted to moderate io...puJ(J(Jk income households at p ( %) �p ( .�20%) of the I � ()v in I al� 328 eightyercent 80% to the one hundred ��iy� � �. ercent 1!� 329 ll;�',Gw°uu�°�,�� MGw°(Iuaui�� I I ouai�mGw°�,��oII(I ]li�u�°oau1�w° uu�m (IGw�.fiii�uGw°(I by I�,�Gw°...5YGw°uu� �..iJ �; ( (wnsuais ""aaTiVGw°ruc,uuirn 330 (.'oauum;iiinu iv A M4 -shall not exceed one hundred percent (100%) of the HUD 331 determined fair market rent for the area. -9- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1187 of 1 360 332 3. Tenant Income Qualification. Tenant income qualification records shall be 333 maintained on-site and a yearly report shall be forwarded to the Community Improvement 334 Division of the City of Boynton Beach for compliance determination. 335 IL For -Sale Housing Units. 336 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to 337 workforce housing units. All sales contracts shall state that the unit is part of a workforce 338 housing program and subject to the Land Development Regulations of the city. The 339 restrictive covenant shall remain in force for fifteen (15) years f��N�°Gw°��ua��iii��.'. 340 �: recurring. The form of deed f��w9r�bc�aa�i 1:�:?�u��v � ��D.� �G:� � ��..��u�fo��J,VrIIG ��a�uu�ui��r 341 a:it4s--shall be approved by the City Attorney. 342 2. Resale. The restrictive covenants shall state that during the affordability term, the 343 resale of a workforce housing unit shall be subject to the following resale requirements. 344 a. All M.. onJibll,�m(J workforce housing unit owners shall notify the city immediately 345 that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon 346 receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) 347 days to invoke its right of refusal to purchase the units. 348 b. All workforce housing units are to be resold only to �- mo erate (n n u fflGw 349 income qualified households at an attainable housing cost for each targeted income range. 350 c. AIIII dfonJ iVrII.G ��uu ��iii�a� uuii��i� � �p�....lo rG oii lv to a G ��.��v m:..11��v ui.coniGw�". � 351 u�� ti �.:ualaV�u�uGwr.¢ `I��"V11�,m.Gw,`I��"��u `�. aV� aUlf�...aU��aUVlfllaU.DI�Gw". "I��.VII mlllf�(�!. �`m ��° Gw".aU�°"��....�aVpti!.Gw".�Gw,u Illf��`�aTiVGw". 352 3. Required Occupancy. Purchasers of M`fonJib k,, m workforce housing units shall be 353 required to occupy the unit. 354 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of 355 a workforce housing unit that is in addition to, or more than, charges imposed upon 356 purchasers of market rate units, except for administrative fees charged by the city/CRA, or 357 their designee. 358 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated 359 on the basis of: 360 a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" 361 for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower 362 rate may be used in calculating workforce housing prices if the developer can guarantee 363 the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce 364 housing units required for the covered project; 365 b. A down payment of no more than ten percent (10%) (including any down 366 payment assistance provided by SHIP or other sources) of the purchase price; c. A 367 calculation of property taxes; and 368 d. A calculation of homeowner insurance, mortgage insurance, homeowner 369 association fees, property management fees and other closing costs. 37o 6. Compliance. Prior to request for final certificate of occupancy for the development, 371 the developer shall provide to the city's Community Improvement Department, or designee, -10- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1188 of 1 360 372 documentation sufficient to demonstrate compliance with the workforce housing program. 373 Such documentation shall include but is not limited to information regarding the identity and 374 income qualification documentation for all occupants of the workforce housing units, proof 375 of recordation of restrictive covenant in approved form. 376 7. Resale Requirements. To maintain the availability of workforce housing units which 377 may be constructed or substantially rehabilitated pursuant to the requirements of this 378 program, the following resale conditions shall be imposed on the (n workforce 379 housing units and included in the deed and restrictive covenant recorded in the Public 380 Records of Palm Beach County: 381 a. Location of Units. All d`fo nJib k,, iml workforce housing units constructed or 382 substantially rehabilitated under this program shall be situated within the 383 development so as not to be in less desirable locations than market -rate units in the 384 development and shall, on average, be no less accessible to public amenities, such as 385 open space, as the market -rate units. 386 b. Integration. A..f..f..o.��:�..�i...".:��.�w�"....�a�p:�.... .. orkforce housing units within a development 387 shall be integrated with the rest of the development and shall be compatible in 388 exterior design and appearance, construction, and contain comparable HV/AC 389 systems as market rate units. 390 C. Construction Phasing. The construction schedule for ,1ffonJ,1b k,, iml 391 workforce housing units shall be consistent with or precede the construction of 392 market rate units. All workforce housing units must be deeded to the City, deed - 393 restricted, or receive a certificate of occupancy prior to issuance of more than eighty 394 percent (80%) of the certificate of occupancies in the subject development. 395 d. Lot Premiums. There shall be no lot premiums charged on .��u�,urllGw° �,� 396 workforce housing units. 397 e. Sales Price. All required workforce housing units shall be offered for sale or 398 rent at an attainable housing cost for each of the targeted income ranges. 399 f. City Approval. The city, its successors and assigns may enforce the 400 covenants. No amendments to the restrictive covenant shall be made unless by 401 written instrument approved by the city. 402 E. Monitoring and Compliance. 403 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall 404 specify that thehousing units be sold to buyers whose income does not i . �y.:..... o 405 exceed (ua�J��l:v.��-�;��i�y-percent(�r120/o) of the ll��u�!u��:oui ll�G,�� 1��a,u��i, l fou�Tlv....��Gw°u `Gw°q � � 40`//,,'0 W lbc, I 406 ��uai�mGw°��II� Ili�� u1�Gw, �i�� oi�lG� ,��uaii�� wlGw°� �i�� ' ..VW()�'.IaGw°�u�°"L. C ° �mii Ig ua iii m. The conditions will also specify the 407 lGw°��uaui�1 I 1�uai�mG°�'��II�� Il,a��°ou1lG, f�u� ��'.ou��Nf(u" Gw. �Ii�V1L� .... 408 requirements for reporting to the city's Community Improvement Division on buyer 409 eligibility, housing prices, as well as any applicable requirement to record the restrictive 410 covenant or to enforce resale restrictions. 411 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, 412 Section 6, Land Development Regulations, in the amount of one hundred ten percent _11_ S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1189 of 1 360 413 (110%) of the developers' obligation for workforce housing provision according to this 414 section. The city shall, at all times, have the authority to draw upon the surety to enforce the 415 provisions of this article should the applicant be in default of these requirements, 416 3. Enforcement. The city may enforce the requirements of the 1e 417 Housing Ordinance through any cause of action available at law or equity, including but not 418 limited to seeking specific performance, injunctive relief, rescission of any unauthorized 419 sale or lease, during the term of the restrictive covenant. 420 Annual Report. The Community Improvement Department shall submit an annual report to 421 the City Commissioners indicating t e status of the A I w u �m, b II Gw Housing 422 Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the 423 number of units created, leased and sold. 424 425 426 Section 4. Each and every other provision of the Land Development Regulations 427 not herein specifically amended, shall remain in full force and effect as originally adopted. 428 Section 5. All laws and ordinances applying to the City of Boynton Beach in 429 conflict with any provisions of this ordinance are hereby repealed. 430 Section 6. Should any section or provision of this Ordinance or any portion 431 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 432 affect the remainder of this Ordinance. 433 Section 7. Authority is hereby given to codify this Ordinance. 434 Section 8. This Ordinance shall become effective immediately. 435 FIRST READING this day of March, 2021. 436 SECOND, FINAL READING AND PASSAGE this day of , 2021. 437 438 CITY OF BOYNTON BEACH, FLORIDA 439 440 441 442 Mayor — Steven B. Grant 443 444 Vice Mayor — Ty Penserga 445 446 Commissioner — Justin Katz 447 -12- YES NO S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1190 of 1 360 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus -13- VOTE S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 1191 of 1 360 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 21-008 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: March 8, 2021 RE: Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City -initiated. BACKGROUND The present version of the Workforce Housing Program was approved on December 17, 2019. The 2019 amendments included two key changes to the program's applicability. The first change was the expansion of its geographic applicability from the Downtown Transit - Oriented Development District (DTODD) only to citywide, for projects with the future land use (FLU) classifications of Mixed Use High, Medium, Low, and Special High Density Residential. The second pertinent change was to extend eligibility for the 25% density bonus—also citywide—to developments implementing affordable housing programs with 100% affordable units in all FLU except Low Density Residential. Additionally, the 2019 amendments included the increase of the fee -in lieu amounts for both for -sale and for rent units. The higher fees were intended to encourage construction of units. To further incentivize construction, the amendment increased the percentage of set-aside workforce housing as a base for in -lieu fee if the payment option was selected. Staff presented several possible revisions to the existing Workforce Housing Program to the City Commission at the January 19, 2021 meeting. The revisions discussed included: revising the income requirements used from the Palm Beach County HUD Area Median Income to Boynton Beach Median Household Income, the separation of the workforce and affordable housing programs, reduction in the number of units required in order to participate in the program, and changes to the program bonus'. Staff received feedback to proceed with the above revisions and these revisions are included in this ordinance. EXPLANATION Page 1192 of 1360 W HP revisions (CDRV 21 -00 1) Memo PZ No. 21-008 The feedback on the current WH Program from the private sector indicated that further revisions are needed to achieve both the Program's goal to provide attainable units and make it work for developers. The main issue was a dramatic rise of land prices in recent years, resulting in very high development costs, especially for projects in the City's downtown and adjacent areas. Expensive multi-level structured parking, required in the highest density projects, made them financially unfeasible, notwithstanding a density bonus. The proposed amendments aim at making the program more usable and attractive to private sector, and therefore support redevelopment projects of strategic importance to the City. The amendments: • Separate income eligibility criteria and provisions relating to construction on-site for "workforce" and "affordable" categories, while creating a uniform payment option (fee -in - lieu) for both categories; and Set a 30 -year term of restrictive covenant for affordable units (versus a 15- year term for workforce housing). • Change the source of income data for the Program from the current Area Median Income (AMI) for the Palm Beach County provided by the Department of Housing and Urban Development to the Boynton Beach Median Household Income (MHI) provided by the US Census American Community Survey No change is proposed to the amount of the fee -in -lieu. CONCLUSION / RECOMMENDATION Staff recommends the subject code amendments to increase the development community's interest in participation in the Workforce Housing Program. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-008 WHP Update\CDRV 19-008 WH Program Update Staff Report.docx -2- Page 1193 of 1360 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE IL DEFINITIONS AFFORDABILITY CONTROLS - Restrictions placed on aff'oniaaW c aiml workforce housing units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. AFF()l,4 )Al1lll,' 1111OtjS1N(_, tfJA1 Vl" .-.v �o be sokf air llC&�Cd W M1 i�Mfki�dLEd M C�111_)uid dllu i'S i'al -W ljcjl dig" n'.'jl� air° 11-rua TI, uE.r, l2 uvflh�E!S i��.:f�CTVS� MXCS, MSUT'MICC �uld a � es.� does a � � xuw��f �f i�l�l° I E r°u'ry°�°� ("3(L; ) a f =(ff0SS a�M.'01i 1(, 0H10LN(, f��; kf S �f.p,Is WTD 'V.11QVV W.11QVV i�M.'011111(,fl10LNCJIQkfs, AFFORDABILITY TERM - The time �u.. of o fi,abk „m workforce housing unit is required to remain affordable to income qualified buyers or renters. BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in -lieu of payments, donated land, or housing units for the purpose of providing �dI'onf�d llc �u id workforce housing units. DEED RESTRICTION - All for sale workforce housing units created under the A�Ji i�d llc Wi)-Fl4ora Housing Program shall be deed restricted for fifteen (15) years, recurring. All rental workforce units created under the program shall be deed restricted for fifteen (15) years, non-recurring. Aj f"air,. , dc �dI'onf�d llc.LfllflS.uwr� �u�� ..rw� �f� °..dic,, A� i��i�d ll . f llQLVJ� o ll"r000nllirl <jll ullll bc" dccd r°� ,��i�uw°�� . f'6Tr dll'lV "C�US,,rVuwUTTJa�u2, Alll...rVMd �dj'()Trd�INC 110LVJMr U '� r CT' pjr02T°11111 SrIu Illll bc" dc"c"d. C�r� dl'l � y (34)) y�� sur ��, � � � r � uw°tfr r i� � sr, The deed restriction shall be recorded and serve to restrict .6 ... the sales or rental price and/or the income of the purchaser or renter. ELIGIBLE OCCUPANT - Relative to the 6i 1� d ll�� Housing Program contained in these ��= ,�� --�---/� � � a „ Regulations, it is a person who meets income requirements of the program. Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit. INCOME QUALIFIED HOUSEHOLD - Under the w—Aldousing ll;Program l„ provisions of these Regulations, it is a household whose income is verified to be either low income or moderate income. LOW INCOME HOUSEHOLD - Under theHousing Program provisions of these regulations, it is a household with a gross, combined income between sixty percent (60%) and eighty percent (80%) of the kovai�o�i ,C(J'MI tal0rVJ1„0k11M;0iir(,. &,'r..dc,,lu�i(,.,,d by di. vcuu° tj M sa��vuwr�w... n..�� MEDIAN HOUSEHOLD IN ME (MHI) - Under the 1 -housing P -program provisions of these regulations, it is the City of Boynton Beach Median Household Income as dcjj �t..fw,(I by � .” .uw°g�.:.f J °� ( u;;,�isuais �„ nluw°6cairl ( o.: .. Page 1194 of 1360 MICROWAVE DISH ANTENNA - A dish -like antenna used to link personal wireless service sites together by wireless transmission of voice or data. Atl�'11011) .. dicf�� aa� a '� ..' ar'? �idI ,fira . T'°`�mLd uJarW:r.�, a�� a� S �1...a10LNCl10(f v"'dl �1 rQ.s frE��r�W�. OM,...:��vcj �y pwj� Mld...OU f,`)TlV �E.r°uw°� � �[�R��`;,rp 2'dic" u1'01y�IWa �l M(,."dJM1 �ll0U,SCJ10d...1lM.'01111(,s as dc'fji�icd by If'u(." 5 v(."au�fJS (."i1s'iis Aaii c,iui o�iiaiivai�ialv Suai��NGw°v. MODERATE INCOME HOUSEHOLD - Under the Wim, a ui� �u, rll Housing Program provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the koly�i�o�i kCM. fi'�fll f llOa~ SCJ10ld a ., ... �/ ro U II 4 �. G � ��h�l&�d--s-:-i-rz- b • °i�r�, �%3$i�'s r�cierrn--n-rive, ��, RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of �dj'ordf d llc or workforce housing units created under the .. ..�r�. m~� ai � � � �,.�rsir� r f ;..J � �� r �.:(uA��i�r Ware Housing Program. VaruJar��uf� �ruw°arr��r� 4 <r � I � a~w �� a� � r � ra f �.�a�r�v u°��u� . r°°r�rra��s.m� f:g�r ul�.... � i�� a�r°�v �"3��...Y�ur r k)r° r°��su,l rflj� r.'�.�10�1.m:. airod, f a r°uw°� 1 a s„<ri� � „sr Lfllfl <r term of the restrictive covenant and agreement is fifteen (15) years, recurring, for sale units and fifteen (15) years for rental units, non-recurring. V11,11ty I'(MI,C:(l l➢I<...111111Mi➢I llllll0lVJ) l.lardcrd��ua�a� ufrllc fll,.araVJ�€...11"rarer prm':�<w�rr...0di sc" � s�ra ,ll�uma�a �r 1IQLw�,��l �lr a oross, afri�� f.. frE��r�W �. �l i�r°�� l �r�r� "3��`a "v a� r �r... ar �Wa�f ,. uw°ar�iuw°ar�ir°��. r % @ �u�r� <,a�x�v g' drc kova1�01 V")CM.11 MC(J''MI �llara„ ,Cl10d h1c,011ric &u ,,d fry dic,, 5-vca tjS (;CMrrwS sir°r ri�uw°�u�r (arIir°Hr°ILM '��v °u UTAC"v. WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed thirty percent (30%) of the gross income of households that are classified as 1 --tom moderate �o ii-ri'ddll� income households. 2 Page 1195 of 1360 ARTICLE V. HOUSING INITIATIVES Sec. 2. A„iwaU fmbkI Housing Program. A. Findings. 1. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods that require assuring the availability of workforce housing for low and moderate income persons in the city; 4. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 5. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply to development applications for projects with 44E-m+dt+ly i -- tufe l-cmd ai5e-eateE m Mixed Use High,Mixed Use Medium, Mixed Use Lowa Special High Density., cw is iy PGw°siiu1Gw°m ,i, future land use classifications, p oj,(.,, is are eligible for the program citywide in areas where such classifications are allowed. II�i..°'�°�i.. r..11Gw ll,,m (j a„i��,�Gw d'ls.,;mufuc'uflouls '1u1u zoul��u18 a k:qucls 3 l IJ 4 qui (l MIJ:.( m(., Page 1196 of 1360 C. Provisions. The developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. L Construction ofworkforce units on-site: 1. To be eligible for the requested density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Projects located within the Downtown Transit Oriented Development District (DTODD) uIigy us(.,,g"density bonus of up to 204- %. Ili pdI .,,cls IIocmc,(...MUi (."( js(." �.�P l u � Gw^ul J w(...I gGuyn lv 'Iko u u mG n.e...of....in-eE CW*1 ..u�u W4'w .the height bonus of (��1) additional storeGw s` ,� (up to a maximum o ,x.12 feet), �w° ° �� II II �u�� u � I S 'Vy I I a iuI I :�! DT ODD l:',...: shall designate a minimum of fifteen percent (15%) of the total proposed units as workforce housing units. .....I) -T4--)-1 4 �z 'kne n..va G9 44tde�= Bot. v � flily � 1+� "a , w a r R.2 "w a d44-sA4..ed..i.:t.t.n+—e A4..i.. 4 3 ig-:.l rpt _ ate- :a 41.C.4m�,, " - _." =i• !fg- k. '�-t" "�:° ,-«,. ti,-«,�;a�n' r��°^IfP �°".".:a)., .: F .: .�. ....�-'� .'�::.:°... 9,u,.�... '�' )... be -�... r.es.af 1 u: be. Projects Protects locatedoutside o DT DD with Mix;Use Medium, Mixed Use Low, E Special High Density Residential., m fii llI; Gw^ui� I! ll Gw°w�iui,iu leailland use classifications are eligible for a density bonus for up to 20-%. Such projects shall designate a minimum of percent (150%) of the total proposed units as workforce housing units. Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional story (up to a maximum of 12 feet). M^lia:ln1l l lliity .�-�--�- 4 Page 1197 of 1360 ........L �:..:� rx'.9"eL'Il"hr'"7Il w 0 d f w .�. ....... F e ' 4e ti ea c.n-�T rnv �� i..i.. d--w-eikrofe'e hoa-�sifig lifli ..i.aside :k -.)f iceffie'h'oa- se'b ' 2�' Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. x,34. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development. The unit types include the category of structure (single-family detached and attached, multifamily), for rent versus for sale units, and the number of bedrooms. Relief from this provision may be granted if the intended purpose is to address particular needs of the community, substantiated by the provided data/analysis. 4'5'. Staff Approval. At the time of (kn (.j op,pP j] I application f(.)la l- +me+K,+wm . prod ect� must be reviewed and signed off by the � II � i�� i�� p i�� a �.. �Y�,� a� 441'e e4y--as part of the siert �ui��:...Commumty Improvement l��i��a,�.°°G ��.l�i-�isi., �� G p��u i��G G ��. approval process for compliance 1p1(wp m 'IbjI .,,cl onj� a�imcGw°.....:. 5 . Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 0.7. Sale Restrictions. Workforce housing units shall':; be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If sllci compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for i waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is ii q.:p..gp„ necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the ( eity's life safety standards. i(h G scIly i air RIai:?p�ua IM." C(Mlp1lu'mcG.... o � � oo `�" pG°�m��q.�.i�] ��i�� _m. �i�i(�;�� °;uai�m�,�ui��.r��..�iI! ll� Gw;q°�.uai ��u�i��m. �..IiGw", �I�"p".,u�°�ir�� m �� p�w6Gw°.. fmnul;: ��wiiic'cl �s Mol :(."Co�loal uciHv fc,,i` m�.rllGw° �ffll(a��i��G �: �"p.v (: uIv (,oaiiaii ksuo�i.... 74. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach y ( ) y g �,, Count The term o e restrictive covenant shall e fifteen "- 15 ears recurring ��a �a ��Vcw. u u �1 Ill�sm a ��G G �1 ( �...�)� G �:� m �� .� G � u u � �:a� �� u'.° f(n.. .... u u iii u l ....A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. 5 Page 1198 of 1360 H, Coa,"ll-n(lioil ol'affin-dable lull'[,,� (w To b(.,, for lhc, rclq�,uG.,,slcd dcnsulv bonuis dlroulgj] lj,�(.,, consiruicdon offfordaNc, uinls on SI(."., lhc' (knclom."r mu sl mcorwralc' such ulnls lnlo lhc' (knclomlic'm as foHo-ws: all jl4(JGLl`1m -wIIlhlln lhc, ( ommulnIIlv Arca mav usc, a dcns9lv bonuis I:L� hi mfifijol, p�.d�.,,Cls �ocalcd -w�d'jn Wm."d ljsc, mcdh,llm or mExcd I,JS(.', u � -IV a so usc, a I booms of I wo (2) a��J�fi I uomd slork."s (,u112 I:� Q �jia xhm,iim of 24 lhc, lolM LuDuls 'Is li " i " ordabk." houlsmg., 5, Nan, Fc' Sllc' Nan shA ck"'niv kkniffl"V lhc' Iocallon of-wod"J"orcc, houlsn uin�ls, Ad(fil�onML, labuhr dam musl b(.,, �nduidcd on lhc, S�lc, pl�g lj]��', 'Iddrg'ss or ulnul nuimbc,r., lol,,fl nuimbcr of uinuls., nuimbcr of bcdrooms of-wortd"(Icc, uuMls and lhc' la rg,G.Icd IIncomc' IIcls, Fhk shaH b(.,, a�nduidcd -wliih lhc, raic, dam, Rcslrlcl�ons, NA'odJ"orc(,' h()Llsm�u, shaH bc, In lc'rms of:: ,I, sak."s p��wc, or rcnl k."N (.1s, and b, ';ubscouicni rcsak.,, mCc's or k",Isanu ralc's, m Page 1199 of 1360 a �m i � .. �, a Gw° 'Quos G,, ��s �. Gw°� �i � u� Gw° mai .r Gw° � ... � . . I. Rcconl� arniL. RGw°sl�clkc, ("oa jl�m to �i s� ,hail c, o aiiv �G SI;,6CIkc,...CoN(."lI�1I ,I�1(I ��„� ,i� I b.w, (I cul I��G ��u!IVrllu �G ��IS...o ��ll„p�� I I0a maumv. �4�Gw° lGw°r�ll of �Gw.Sl�clIIRGw°.CoN 4��I.VII .rGw° 1..:1unv (,:30)�Gw°�u,��m. ��Gw°�°:uu�uui��a.�, fm f(n saIIG;.. UIIIf1AIl`m mQj 1;r�1AInV f.�� YG.,M m fm 4G If��aU� UIIIfiAIl:"m..,. A Copy �2f �:. .➢4Q�G Q� „CoRG Ifm,!m aUlfllQ�j: �� raui� cc, o' .ruJu (Jung �, ��VII ...,Gw° �� u� Gw°� � ��Gw° 61Y �� Gw, u�m�mua,., � � ��Gw° .: Aon,i.r G: mu �Iq.!. � p:.�a�p°�n��:m aiiay.'oknv:.� IL. In -Lieu and off-site options. Payment In Lieu of Construction of Workforce Housing Units (per unit) For -sale unit $82,986 For rent units $36,760 Note: Payment -in -lieu amounts shall be revised every two (2) years, based on (i) median single-family home sale price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii) average monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, Inc. 3. Donation of Land. The value of the land shall equal or exceed the total "in -lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 7 Page 1200 of 1360 4. Off -Site Construction. The workforce housing units may be built off-site, provided they are constructed within the City limits. All off-site workforce housing units shall comply with all sections of these Regulations. 5. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D. The following requirements shall appy to built or purchased workforce m iffonJ, ,(rk, units: I. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for fifteen (15) years fm (Miisu 18 �g f uunv (::30)....Y�wg��s fm'Iff nauNGw �� uai�ui�ua.7. 2. Rental Rates. u144nits targeted to N'c,��y II ! L� low income households at I;� percent (:'60%) to eighty percent 80% of the ll:�.o v i�u � oa�i , ll � G �� .,:�� l�� G :..g i�u J f �::u a �G �� 1... ..p�l G � �,�. � Ili�uu-u�. ��Gw"�Illf14w ,fir.': flh-. �:::.� Gw° u�� lj'�; ( (.,,�i��uais Anic,��ii�°uua�u ( onuau� ,ii�i�lv A M4 shall not have rental rates y 440%.. that exceed ��G u a � � �� p � p ( ) of the HUD determined fair market rent for the percent �� area. b. o dJm cG u g nd(Ifflc, income households at eighty � �, � u u � u i�u ��., ai,�mts targeted to moderate erate � � percent (80%) to the one hundred font' �we+4,.ypercent (14-20%) of the �r�r r � ouor11r 1i1V711f1III�V V'11 °' (.,, A .--S.... a��Gw°��llr:� Ili�u�°��uurGw° ��,_� :�Gw°��ii�uGw:r:� b�� VGw ��u�n :�r� �J °�� , Gw.i�u��ua�r,_� Gw°,u.�u�°uui�u �� hall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. IL For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain y gyp) rwggremain m force or fifteen 15 ears �� u �� N :��°uw° ��„�uu �ui�u��; uuirr� �,,„�u�� V r II c G u u u iiu d : recurring. The form of deed f(w-w-ei-1 :fo fl -s4 s -shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All uu ff ::Jau�r..IIG; ui��(l workforce housing unit owners shall notify the city immediately that o r. the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. 0 Page 1201 of 1360 b. All workforce housing units are to be resold only to low -of moderate m income qualified households at an attainable housing cost for each targeted income range. c, �,I MfonJaubk,,' l °��ii�u�°�a�uGw° 1111,1 �Ic(1 .. ..... � rGw �Gw.��m�llu �i��ll �� .Gw��. �� JL IIS„y� �� II �.� �,�miisc],��llu s 11 u�fll ��uuu igI� k,, �,��uais�� u�.�. �;�� Gw° u�°�� :I �.�.Gw.IGw,(I �ii�Icollc' ��rnu.�.G 3. Required Occupancy. Purchasers of M`fo nJuub k,, m workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit that is in addition to, or more than, charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate” for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall e imposed on the MJ; o uJuub„k,,, m workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All M`fo nJuub k,, i (J workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. b Integration. A f �,`oniuuMc, uu (j workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Construction Phasing. The construction schedule u e orffon uiW....(.,...um:(l:...workforce housing units shall be consistent with or precede the construction of market rate units. All workforce 0 Page 1202 of 1360 housing units must be deeded to the City, deed -restricted, or receive a certificate of occupancy prior to issuance of more than eighty percent (80%) of the certificate of occupancies in the subject development. d. Lot Premiums. There shall e no lotpremiums charged on ��. ��,:: u �� ur..�..��.....�:...workforce housing units. e. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the housing units be sold to buyers whose income does not exceed u4YG!�v (*ie� �, vE4ity percent (�120%) of the llW7u o� i ll c of Gu lac a ,ui I Imisc GwW: cMIJ:: ouucw°��uaiuuu�ucw�;u� cuiml fLuH ! m°uc(-',W (!40`%,) WIh-', bom W�i Mcdu,m ��u,�p,sc wW lluucop,nuc fm...��u �:�u�c ��uu�uuua;.... u u uu u u The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 6, Land Development Regulations, in the amount of one hundred ten percent (110%) of the developers' obligation for workforce housing provision according to this section. The city shall, at all times, have the authority to draw upon the surety to enforce the provisions of this article should the applicant be in default of these requirements, 3. Enforcement. The city may enforce the requirements of the 1ue Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report City g l e a n b l cw^:- of Housing Ordinance, to the Cit Commissioners indicating the status o the including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) 10 Page 1203 of 1360 im 0 0 0 0 0 0 0 0 Ir'l- Ln lqt m r14 T --i 0, 2� »� � � � «� �/A . � \ ^� O S q 0 LO O N ¢ 2 n � 00 T- o N CO Q CO D CO z LU U CO D 6 L `0 v J co co C 1 09- W Unff-A O Q Ln O N (D 6} T / `c1 i 1 N 6} r -"- Le -el, hm- Unff-A O Q O ti O O lq- Ln 00 O CNN lq- (D 6} 6} 0 -01 O CNV - 0 /0 W E O N (a L a) a O 0 -01 O 4-0O 0 -01O N N E O U _N > ......... I r / Tu - l / � � •L MW W �f O N 0 l i 2 co co C 1 09- W Unff-A O Q Ln O N (D 6} T / `c1 i 1 N 6} r -"- Le -el, hm- Unff-A O Q O ti O O lq- Ln 00 O CNN lq- (D 6} 6} 0 -01 O CNV - 0 /0 W E O N (a L a) a O 0 -01 O 4-0O 0 -01O N N E O U _N > ......... I Tu - � � •L MW W �f O N 0 0 co co C 1 09- W Unff-A O Q Ln O N (D 6} T / `c1 i 1 N 6} r -"- Le -el, hm- Unff-A O Q O ti O O lq- Ln 00 O CNN lq- (D 6} 6} 0 -01 O CNV - 0 /0 W E O N (a L a) a O 0 -01 O 4-0O 0 -01O N N E O U _N > ......... I Tu - � � •L MW W O N 0 0 2 � 0 m (Y) 4- 0 m 0 N N I p ................................................................................................................................................................................................................................................................................................................................................... '', co M '', CL O O O co It 00 CO co y O Cfl f` 00 f` 00 r-- It co O co N '', M O ''', N 000000 M co'' O Cfl'' 00 '', O ® CV CV 00 O O O O O O O Q CD CL QL aii CL CL CL Q', O O O O '', N co S '', Cfl Cfl 00 N,, ti O O O '', O It N O '' 0 O N O '', f` CO V- CD N N It It Cfl O '', M It Cfl f` Im 60- 60- 60- 60- v} v} v> v} 01) O O O, O O O O '', O � � 4 � 4 � -1--j 4 � -1--a -1--a M Cfl 00 N LO 0 0 '', O I,- It N '', O O V-- 00 N M f` M '', It co N N '', It N It Cfl '', O lr-- M IT Cfl 60- 60- 60- 60- 60- 60- 60- 60- 1 0 0 .-.�, .-. -0 o o o CD o o CD o O C,4 C) O O �' O Cfl Cfl o O o O O O ' O 00 o \ 00 0, o OO O O 00 O co 00 O CL o CU '''', r o CU r OU E O U E U CU Q U CU ''' O � O �_ O �'', O O �_ �_ CU CU � �_ .... Lu OLO Co Co O O (D 00 qu ice'"' �Cy0 V I VI ��Ay V I co 0a ®I ,n I® I I y ^ 1,- 00 O `�,Ir N =3 6c>69 :3 I Lu OLO Co Co O O (D 00 qu ice'"' �Cy0 V I � ��Ay V I ��Ay V 0a ,n I® I I y O O O O =3 =3 :3 I O O O O 0 IRT CO N CA Q N N V 14 T {f}} ffl T- o O O O O COQ � C`7 O � O U')< O O CO N LU U { f} LU CO � o O CN o ®I O CO O Oo +-0 O O E O p0 \ 0 0,0 O) O Oo CO O o a) CN �LL 0 I OCU q Cfl U CU U CU C:0 - O 0 O I CU 0 0 cY) 0 co 0 N r N (6 I, N e 0 m cY) 4- 0 rn 0 N_ N U) O V♦ m V 2 •U) a)C� G J Q U) (n .� iC O O O 2-0 N N O O CDL CDL N N c:co O 25 •� O O O E o 0 o o N CO O co � {f} .O v U) N O :3 E J C: � N O m N m I a_ I U- 0 m cY) 4- 0 rn 0 N_ N m 0 m cY) 4- 0 0 N_ N O C'7 O 70 W N � J m � }' U 70N = Q OZ$ 70 T LL LLC X in.E C/)0 Vi Q O O\ 0 0 N 70 N +) m x m LU .0 U 0S a) X 70 O _ LL O — cn p �j � �� U) o m N N 0 '� _� O LO o U) o J O L O� N N T O m � U O N m n 0 m cY) 4- 0 0 N_ N 9.A. City Manager's Report 4/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Commissioner Katz requested staff provide a report on the Police Department's vacancies/staffing levels for last five years. Chief Michael Gregory will make the presentation. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint Description C:lc.: ice Dept, Staffing Presentation Page 1212 of 1360 a N I� oo Q1 O r -I m L— (1) 0 0 0 0 W 'V = O " Ln M Ql (1114 m CI -4 CI -4 o 0 0 0 0 0 Ln M M M X0 ' lD Ln Q1 lD 00 00 lD co °C 4-- O O O O O O I I I I I Ln lD I, 00 V) N � � O r -I r -I r -I r -I r -I r LCL. N O 00 Q1 d' N d' a y' N lD r -I OO r -I lD N Ln � � � � � � Ln Z, 0 0 0 0 0 0 N Ln Z � _ U c O J ateJ a CY) (D O d' O O dY' N d' (DQ1 N r -I r -I Ql � r -I (ID YAW lD I� oo Q1 O r -I m 0 0 0 0 0 0 (1114 (1114 (1114 (1114 CI -4 CI -4 o 0 0 0 0 0 Ln M M M M M O O O O O O O I I I I I Ln lD I, 00 m O r -I r -I r -I r -I r -I N O O O O O O � � � � � Ln Z, 0 0 0 0 0 0 0 M O LO N 00 a� r -i M � � I� d' Lr) a c O ca CC M, 0 M O CO N N c� C fo U O 0 M O N a� a Q) C _0 C U O O MO I 0 u Q .O M O Q Q CO U O O � 4-J O u O (o o U U -0 o > � O - O U a Q "-0 U 0 cn > 4-J lu lu a-+ ._ MO i _ Ln _ X W • • • C fo U O 0 M O N a� a Q) C _0 U MO u Q M U Q CO C= 4-J O (o o U U -0 o •— � Q - O U a Q "-0 U 0 cn > a-+ i C fo U O 0 M O N a� a ..................... c > 3 'C VA CL CLIP E F L 0 OLD CL ON N :m so N 0 U E Lu 0 a. m N CL 0 6.3 1 m N m N 6. 0 0 1-4O N i 4l E O z al M i N H o O lZ M H o O couj M H '010, m M H o t M H '010, M H o N M �q'... Lfi J c GN O N G N G N O O 1-4O� N o N o `� N o � P", H o m P", o � N o m i v H 0i m v H o i v H O fV i v H k.0v rq i H o co i H o L IR M OJ H '10 �1 M N H \ p M OJ H o k.0N M H o r M N HLn '010, O M N H o O p M L w c 00 Ln W J Q W O N i OJ H o N O O N N H o O O ^ N N OJ H o N O LnOJ N N H O ol N M N'o-o- N H o Ln N N H 0 O p 0 0 N L H o N LL i H H H N fV H ol rq H H 010, O w Oo 00 o N o rq 0\0 N M N o LM o rqO O r -I i WCL fp U 4J Q fp 3 V i Q � � 4J C Q N Q 0 Ln mIrn I N r m 0 0 0 0 0 0 0 0 M � 00 � (.0oLn immu©m m N 'I� lD N lOD N OI O N NLn 11 r, -I mummmo NrIrm,r- I -' 0 co M O O N N N (6 0 M O N N N 0) (6 n M City Manager's Report 4/6/2021 Requested Action by Commission: Staff overview on Federal Earmarks and the American Rescue Plan. Explanation of Request: Federal Earmarks With the return of federal earmarks, each member of the U.S. House of Representatives is permitted to submit 10 projects from their district for consideration by Congress. Based on the parameters provided by Representative Lois Frankel's office, the City will be submitting two projects for funding consideration: 1) Regional Emergency Response Unit - $600,000 - The unit will serve as a mobile command center for response to critical incidents and deployment to community events for enhanced security. The vehicle will be equipped with security cameras, computers, scanners and printers and will be linked to the Police Department's Real Time Crime Center and 911 Communications Unit. 2) Regional Crime Prevention Strategy - $750,000 - This project involves adding additional security layers at public parks throughout the City of Boynton Beach including the installation of security cameras, emergency call boxes, license plate readers, and gunshot detection systems in parks that have experienced gun violence over the past three calendar years. All of these additional features will also be linked to the Police Department's Real Time Crime Center to enhance coordination and reduce violent crime. American Rescue Plan City staff continues to monitor the release of further information from the federal level on the American Rescue Plan, including participating in webinars hosted by Representative Frankel's office, the National League of Cities and the Florida League of Cities. In the meantime, staff is also developing a priority list of potential projects for use of this funding. Until specific rules/guidelines are developed at the federal level with regard to the allocations of funding that will be allowed for each area of criteria listed below, staff cannot appropriately identify projects at this present time. The information that has been released thus far indicates that funds will be received in two payments, one 60 days from the signing of the bill and another within the next year. These funds can be utilized through December 31, 2024 to: • Respond to the COVID-19 emergency and address its economic effects; and • Provide government services affected by a revenue reduction resulting from COVI D-19; and • Make investments in water, sewer, and broadband infrastructure; and • Transfer funds to private nonprofit groups, public benefits corporations involved in passenger or cargo transportation, and special purpose units of state or local government. Once more detailed guidelines are released, staff will assess priorities for compliance with the federal funding and bring appropriate projects back to the Commission for consideration and approval. How will this affect city programs or services? Fiscal Impact: Page 1222 of 1360 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1223 of 1360 10.A. Unfinished Business 4/6/2021 Requested Action by Commission: Reconsider Knuth Road Future Land Use Amendment and Rezoning applications (LUAR 21-003) and direct staff accordingly. Explanation of Request: At the March 16, 2021 meeting, the City Commission requested staff to bring the Land Use Amendment and Rezoning applications (LUAR 21-003) back for reconsideration at the next meeting. Because of the public notification requirements for the items, staff will be prepared to have the items advertised for the April 20th meeting in the event that the Commission decides to reconsider the subject ordinances. The advertising and notification requirements associated with the applications include drafting the legal advertisement, having the legal ads published, preparation and mailing of property owner notices, and having produced and installed on the property public hearing signs. If approved on First Reading on April 20th, the Future Land Use item would be forwarded to the Department of Economic Opportunity for review by the State Land Planning Agency and other agencies pursuant to Florida Statute Chapter 163, and specifically the Expedited State Review Process for Adoption of Comprehensive Plan Amendments. The primary criteria for this process is property size. Properties greater then 10 acres are processed by the State through the Expedited procedures, whereas properties 10 acres or less, are only forwarded to the State following local adoption for state record-keeping purposes. Staff would schedule Second Reading of the ordinances following completion of the State review process. The property owner has been informed of these dates and is in concurrence with the proposed schedule. How will this affect city programs or services? N/A Fiscal Impact: Costs associated with publishing of legal ads, preparation and mailing of 129 notices of hearing, and production and installation of notification signs. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1224 of 1360 Attachments: Type D Staff IC epoirt D I ocation IMa p D Exhibit MMOM Description Staff IC epoirt Exhibit A 1.....c. caflic. n Map Exhibit IB CLAirrent F:::L.JltL.Jlire I and Use IC ap Exh �i bi t IB 1IC. iroposed F:::L.JltL.Jlire I and Use IC ap Exhibit C CLAirrent /..(::)ning IMa p Piroposed Cl /..(::)ning IC ap Page 1225 of 1360 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: March 26, 2021 PROJECT: Knuth Road LUAR 21-003 REQUEST: Approve Knuth Road Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use Low (MXL), and Rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. PROJECT DESCRIPTION Property Owner: Knuth Rd Trust & Knuth Gas & Oil Inc. Applicant: City -initiated Location: Southwest corner of Knuth Road and West Boynton Beach Boulevard Existing Land Use/ Zoning: Local Retail Commercial (LRC) / PCD, Planned Commercial Development Proposed Land Use/ Zoning: Mixed -Use Low (MXL) / SMU, Suburban Mixed -Use Proposed Use: No use proposed at this time Acreage: 12.52 acres Page 1226 of 1360 Page 2 Knuth Road LUAR 21-003 Adjacent Uses: North: On the northwest, right-of-way of West Boynton Beach Boulevard, then developed commercial properties in unincorporated Palm Beach County, classified Commercial High with an underlying HR - 8 and zoned CN Neighborhood Commercial and CS, Commercial Specialized; on the northeast, developed commercial property (gasoline station), classified Local Retail Commercial and zoned PCD, Planned Commercial Development; further north, right-of- way for West Boynton Beach Boulevard and then developed commercial property in the City, classified Local Retail Commercial and zoned C-3, Community Commercial; South: Developed residential community of Quail Ridge Country Club in Palm Beach County, classified Low Residential and zoned AR, Agricultural Residential; East: Right-of-way of Knuth Road; farther northeast, developed commercial retail property (Aldi Grocery), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; further south, developed office property, classified Office Commercial (OC) and zoned C-1, Office Professional and then developed residential community of Stonehaven, classified Low Density Residential (LDR) and zoned PUD, Planned Unit Development; and West: Developed residential community of Quail Ridge Country Club in Palm Beach County, clasified Low Residential and zoned AR, Agricultural Residential. BACKGROUND The 12.52 acre parcel is one of the few remaining large vacant parcels in the City. It was annexed to the City on December 18, 1990 and concurrently approved for the City's Future Land Use classification of Local Retail Commercial (LRC) and City's zoning designation of PCD, Planned Commercial Development (Ordinances 090-61, 091-69 and 090-70). The approvals covered 13.65 acres, including 1.13 -acre outparcel on the southwest corner of West Boynton Beach Boulevard and Knuth Road. The masterplan was approved for 120,000 square feet of commercial space, including 35,000 square feet for a major department store. On May 21, 1996 the city approved a site plan for a convenience store and a gasoline station on the above mentioned outparcel. The remaining part of the property—the subject of the city -initiated Future Land Use Map (FLUM) Amendment and rezoning— is currently vested consistent with the approved master plan. 2 Page 1227 of 1360 Page 3 Knuth Road LUAR 21-003 PROCESS Since the size of the property under consideration exceeds ten acres, the proposed Future Land Use Map amendment is subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the City Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2021. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 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. There are two major factors contributing to the need for the proposed amendment: • The probability of construction of a large commercial development on the subject property per the approved 1990 master plan is extremely low. The market support for such development has been steadily decreasing, replaced by mixed use projects with residential components. The trend accelerated within the last few years. The PCD zoning district does not allow residential uses; arguably, at this point the district can be considered obsolete. Future redevelopment of several existing PCDs and areas with C-3 Community Commercial Zoning west of 1-95 are likely to use Mixed Use Low (MXL) future land use and SMU, Suburban Mixed Use zoning. • Over the years, the property attracted attention of numerous investors, but the existence of the gasoline station on the outparcel has consistently thwarted attempts to develop the property. The use is nonconforming because of its location— gasoline stations are only allowed on properties located at three-way or four-way intersections involving arterial and collector roads as designated by the Comprehensive Plan, and Knuth road does not have a collector designation. Moreover, gasoline stations are not allowed in SMU zoning districts. To facilitate development of the property by addressing the above issues, the city is initiating FLUM amendment and rezoning for the vacant 12.52 acre lot, reclassifying it from Local Retail Commercial (LRC) to Mixed -Use Low (MXL), and rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. 3 Page 1228 of 1360 Page 4 Knuth Road LUAR 21-003 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. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian -friendly streets, and provide transportation choices. Policy 1. 8.2 The City shall discourage urban sprawl by; A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. In 2018, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but the preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL), with a corresponding SMU zoning. The subject requests do not include master plan/site plan. If approved, the amendments should renew the market's interest in the property and support a mix -use master plan consistent with the City's vision for the property. Any future master plan for the site will require City Commission review and approval after public hearings are conducted. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 4 Page 1229 of 1360 Page 5 Knuth Road LUAR 21-003 See response to criterion "a." Moreover, the land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of office and retail as well as single- family residential uses. The proposed FLU category and zoning district will allow for both residential and commercial uses but, given the market trends, staff is anticipating a future master plan to consist mostly of multifamily dwellings, with some street -fronting commercial uses as required by the Land Development Regulations. Any possible negative impacts of incompatibility between the potential height and bulk of multifamily buildings and adjacent single-family homes, particularly those in Quail Ridge Country Club to the west and south of the subject parcel, will be specifically mitigated through the master plan's design features. The parcel does not directly abut any residential structures within Quail Ridge, only the golf course itself. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations support a sustainable integration of a mix of uses. As noted earlier in this report, the master plan is not included in the subject request but when submitted, it will be reviewed for sustainability per the City's Sustainable Development Standards ordinance. The ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site, but, depending on the master plan, the mains and /or force main piping may require upsizing. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The traffic impact analysis will be submitted to the Palm Beach County Traffic Division at the time of master plan application. 5 Page 1230 of 1360 Page 6 Knuth Road LUAR 21-003 Schools. The School Capacity Availability Determination application will be submitted to the School District of Palm Beach County at the time of master plan application. 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. See the responses to criteria "a", "b" and "c". The property will be difficult to develop under the current commercial -only PCD zoning. As noted before in this report, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but staff's preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL) with a SMU zoning, same as FLU and zoning designations requested for the subject property. Note also that the potential traffic impact of a project supported by the proposed amendment would be considerably lower than than the impact generated by a large commercial development. Finally, the future master plan will require features designed to mitigate any potential negative impacts of the project's height and scale on the adjacent low-rise residential properties. The proposed amendments are related to the needs of the neighborhood and the City as a whole. A future mixed-use project will meet a stringent design standards, generate demand for commercial uses located along Congress Avenue corridor, and encourage further modernization of older developments. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould. (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; Cel Page 1231 of 1360 Page 7 Knuth Road LUAR 21-003 (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multifamily dwellings appear to continue unabated. A required commercial component will also create jobs. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) 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 criterion "a." The request reduces the amount of land available for commercial -only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed -Use Low (MXL) category. Even though the future project will likely be predominantly multifamily residential, it will require a commercial component. Moreover, apartment residents will create demand for commercial uses throughout the Congress Avenue Corridor area. Ultimately, an increase of City tax revenue will be considerable. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The future master plan/site plan shall comply with the requirements of the SMU zoning district. 7 Page 1232 of 1360 Page 8 Knuth Road LUAR 21-003 RECOMMENDATION This is a City -initiated FLU amendment and rezoning, therefore staff recommends that the request be approved. S:\Planning\SHARED\WP\PROJECTS\Knuth Road\Knuth Rd LUAR 21-003\Knuth Road LUAR 21-003 Staff Report.doc Page 1233 of 1360 LOCATION MAP EXHIBIT A J 75 150 300 450 Feet Page 1234 of 1360 EXHIBIT B KNUTH ROAD: CURRENT FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 1235 of 1360 EXHIBIT B1 KNUTH ROAD: PROPOSED FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 1236 of 1360 EXHIBIT C J 95 190 380 570 Feet Page 1237 of 1360 EXHIBIT Cl KNUTH ROAD: PROPOSED ZONING J 95 190 380 570 Feet Page 1238 of 1360 11.A. New Business 4/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Proposed Resolution No. R21-037 - Approve and ratify the appointment of Andrew Mack as Assistant City Manager - Public Services, pursuant to City Code of Ordinances, Chapter 2, Article 11, Section 2-30(b). Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D f Essc.:llUltioin D Attachirneint Description f Essc.:llUltioin Assistant City I a inageir indirew lMack If Esa: LAirne Page 1239 of 1360 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVE AND RATIFY 4 APPOINTMENT OF ANDREW MACK AS 5 ASSISTANT CITY MANAGER - PUBLIC SERVICES; 6 AND PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, the position of Assistant City Manager — Public Services is currently 9 vacant; and 10 WHEREAS, pursuant to City Charter Article II, Sec. 20(a), the appointment or 11 discharge of the Assistant City Manager by the City Manager is subject to confirmation by the 12 City Commission; and 13 WHEREAS, pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2- 14 30(b) the City Manager has the authority to recommend, in her discretion, to the Commission 15 the creation of the position of Assistant City Manager or designate, with the Commission's 16 consent, an employee of the City to act in this capacity; and 17 WHEREAS, the City Manager is recommending the appointment of Andrew Mack as 18 Assistant City Manager — Public Services; and 19 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 20 best interest of the Citizens and residents of the City of Boynton Beach to approve and ratify 21 the appointment of Andrew Mack as Assistant City Manager — Public Services for the City of 22 Boynton Beach. 23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 11 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\88A44EB5-53EA-46C6-BOA3-1D88FB53FCF8\Boynton Beach. 25976.1. Ratify_ appointment of ACM Mack-_Reso.docx Page 1 240 of 1 360 27 Section 2. The City Commission approves and ratifies the appointment of Andrew 28 Mack as Assistant City Manager — Public Services for the City of Boynton Beach. 29 Section 3. That this Resolution shall become effective immediately. 30 PASSED AND ADOPTED this day of April, 2021. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner —Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) YES NO 2 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\88A44EB5-53EA-46C6-BOA3-1D88FB53FCF8\Boynton Beach. 25976.1. Ratify_ Appointment Of ACM_Mack - Reso.Docx Page 1241 of 1360 ANDREW MACK 100 East Ocean Avenue, Boynton Beach, FL 33435 • 561.742.6401 Macka@bbfLus • @FSU_GoNoles • www.boynton-beach.org A proven servant leader with fifteen plus years of experience in professional management of business functions, decision-making, and employee supervision in public and private organizations. Twenty-five plus years of experience in professional management of various types of governmental, commercial, and residential projects. EXPERIENCE 11=11 -II BUADRY 20211......... IPIRIESII-INIT I TUIIRI I T° N'T UT N GEll't, CITY OF BOYNT N BEACH, IFL 11=11 -II BUADRY 2011.8 °°°° 11=11-11 IRUABY 20211. DIlII'fECT'011f OF' II.)UBLIC WOlRKS & ENGINEDIIRING, CITY OF BOYNTON BEACH, IFL O TO11 11 -JR 2011.5 11=11-11 IRUABY 2011.8 DIlII'fECT°f° ll't OE- DE Off:-OLOII. EA UT°, CITY OF BOYNTON BEACH, IFL APBIIIL, 2011.2 O TOBII-IR 2011.5 BUILDING ING OEE'ICI OL IT° ENfEUUNEEll't, CITY OF BOYNTON BEACH, IFL 11=11 -II BUADRY 2009 °°°° AVRBIIIL. 2011.2 ENGIS EEll't, CITY OF BOYNTON BEACH, IFL JUNE, 2007 AVRBIIIL.2011.2 DIlII'fECT'OlII'f OE- ENGIS EDII'fING, MACK CONSULTING GIGS UP, LLC 11;1D11 -X11-11 11 11 -JR 2002 IIMAY 2008 DIlII'fECT'OlII'f OE LAND Cf° UI IT]ON & DE EOLOII. EUT°, INTEGRITY DEVELOPMENT' JUNE, 11.997 IIMAY2008 II')lII'fESID�EA UT° f° NElII'f, INTEGRITY SERVICES INC. GENERAL CONTRACTORS J U N E, 11.996 °°°° 11;1D IEEE I1 11 11- IR 2002 ASSISTAN'TENGINEEll't, CITY OF PEMBROKE LANE , IFL EDUCATION AUGUST 20011. MAST'Ell't OE- SCIENCE IN CONST]RUCT]ON MANAGEMEUT, IFL IRIIUA INTERNATIONAL UNIVERSITY AVRBIIIL, 1.996 DD's C11EI-OlIlf OE- SCIENCE IN CIVIL ENGINEDIIRING, IFL IRIIUA STATE UNIVERSITY Page 1242 of 1360 LICENSES AND CERTIFICATIONS • State of 11::1oirHa Geneiral Contractor's 11 icense #C GC: -0598 (1997) • State of Florida Professional Engineering License #58100 (2002) PROFESSIONAL ORGANIZATIONS Florida Engineering Society American Society of Civil Engineers U.S. Green Building Council Building Officials Association of Florida International Code Council American Public Works Association Solid Waste Association of North America BOARDS & CIVIC ACTIVITY • State of Florida Building Code Administrator # BU 784 (20 3) • International Green Construction Code Plans Examiner (2011) • LEED AP (BD+C) (2009) Palm Beach County TPA Technical Advisory Committee Member Palm Beach County Impact Fee Committee Member Palm Beach County Building Code Advisory Board Member Design Review Board Member for City of Hollywood, IFIL Florida Engineering Society Political Concerns Committee Member ASCE Broward Branch Board Member (Treasurer & Secretary) Gold Coast Builders Association Board Member I Page 1243 of 1360 11.B. New Business 4/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Commissioner Romelus requested a discussion regarding City Advisory Boards, Ordinance 20-016. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Oirdliir:air c,(:.s Description Ordinance 20...016 Page 1244 of 1360 ORDINANCE NO. 20-016 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS OF PART 11 AND PART III OF THE CODE OF ORDINANCES; PROVIDING, FOIL THE CREATION OF CHAPTER 27, "ADVISORY BOARDS AND COMMITTEES"; PROVIDING COMPREHENSIVE UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, City of Boynton Beach ("City") staff has been reviewing existing code language to assure that the rules and requirements pertaining to City Advisory Boards and Committees, are clear and consistent throughout the Code of'Ordinances; and WHEREAS, to promote a higher degree of organization, the Commission supports the elimination of redundancies related to the governance and duties of City Advisory Boards and Committees be eliminated; and WUIEI2EAS, the Commission has determined it is in the (..,ity's best interest to reorganize existing provisions related to governance, membership, and duties of City Advisory Boards and Committees by codifying such provisions into one single chapter of the Code of Ordinances; and WHEREAS, the Commission has determined it is in the City's best interest to create an absence policy for City Advisory Boards and Committees; and WHEREAS, the Comniission has determined it is in the City's best interest to create a policy related to Concurrent service on City Boards and Committees; and WHEREAS, the City Commission deems it to be in the best interest of'the citizens and residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter referenced. NOW THEREFORE, BE IT ORDAINED 13V THE CITY COMMISSION OF ,nm CITY OF BOYNTON BEACII,THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. Part 11, Chapter Two, Article 1, "In General", Section 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and {00351419.9 306-9001821} Page 1245 of 1360 El Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section 2-20, "Quasi -Judicial proceedings before city commission or city board; procedure for reconsideration of decision", of the City's C,,ode of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees.'* Section 3. Part 11, Chapter Two, "Administration", Article IV, Section, 2-60. "Commissions, boards, etc., independent of city commission to follow article" is hereby deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 4. Part 11, Chapter Two, "Administration", Article VII, "Education and Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board", Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section .5. Part 11, Chapter Two, "Administration", Article IX, "Senior Advisory Board", Sections 2-141-147, oil' the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees," Section 6. Part 11, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees.*' Section 7. Part 11, Chapter Sixteen, "Parks and Recreation", Article 1, "In General", Sections 164-5, of the City's Code of Ordinances are hereby deleted and replaced in their entirety by Chapter 27, "Advisory Boards and Committees." Section 8. Part 111, Chapter 1, "General Administration", Article VII, "Administrative and Decision Making Bodies", Section 3, "planning and Development Board", Section 4, "Historic Resources Preservation Board", and Section 5 "City Commission", ofthe City's [.,and Development Regulations are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 9. Part Ill I -and Development, Chapter 1, *'General Administration", Article Vi ll, "Appeals" of the City's [.,and Development Regulations is hereby deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created, which shall read as set Forth in Exhibit A. {00351419.9 306-9001821) 2 Page 1246 of 1360 N Section 11. Each and every other provision of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 12. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 13. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, Such decision shall not affect the remainder of this ordinance. Section 14. Authority is hereby granted to codify said ordinance, Section 15. This ordinance shall become effective immediately upon passage. Section 16. 1,11 matters pending before the City boards or committees at the time of effective date of this Ordinance shall continue unabated and be taken up as scheduled before the respective board or committee. FIRST READING this jq'*day of 2020. SECOND, FINAL READING AND PASSAGE this _,�ay of 2020. CITY OF BOYNTON BEACH, I'l-ORIDA YES NO Mayor — Steven B. Grant V i cc Mayor — Ty Penserga Commissioner -- Justin Katz Commissioner — Woodrow L_ I -lay Commissioner — Christina L. Rornelus FARKM Cr tal Gibson, MMC City Clerk 0 T, 4" (Corporate Seal) (00351419.9 306-9001821y 3 VOTE S-- 411 Page 1247 of 1360 10 CBArrE027 10C ARTICLE 1. IN GENERAL 10 10 See. 27-1.City boards and committees defined; gcueru}|w. 10 l. ^^l\oord", shall refer to a group of' individuals appointed by the City Commission fbrdhe 10 purpose o[ providing advisory assistance to the Commission. No board shall have 11C administrative authority over any department of1bcCity. 111 2. ^^Coroouittec" shall refer to a group of individuals appointed by the City Coonruioeino to 1K provide advisory authority on a single sub icot or lasuc roa(Lor. The City Cornrniaaimn may 11 establish u ounxc( date for each Committee. Tcrnnm ^^bourd" or ^^conuruittoe" may be used 11 interchangeably herein. 1 3. The provisions ofChopicr27, /\dio|e |, shall apply generally to all City advisory boards and 1 cnruruitLeeu un\com oiotcd o\hcrvviac within applicable |uvv` Florida 5(utuLca` or the Boynton {{ Beach Code mfOn]inuuoos. 11 4. Re/rouo//vu TNc/. To the extent permitted by |ov/, all oftbcprovisions within Chapter 27, 11 sbq|i apply to uoto and actions ocouning or in progress prior to its adoption by the City 121 Commission. All matters pending bcK>re the City boards and oonoruiL1ces at the tinoe of 1211 effective date of this Ordinance shall continue unabated arid be taken Lip as scheduled before 17 the respective board and committee. 12� 1See. 27-2. Board or committee member selection; organization; qualifications; term. 1 1. No person shall be appointed to a City advisory board or cornmittee without the person first 121E submitting an application fbroppoinUncnL All opp\iuudoue for appointment tm aCity board 1shall be on e fbnn authorized by the City Commission. The City Clerk shall review all | applications for completeness and qualifying requirements prior to mubnuit1ingthcoo to the City 1 zl� Commission for consideration. 2. Selection n/L�mirund Vice -Chair. The chairperson and vice -chairperson for each board shall bcselected hycn 'oh(yvok:of1hcCkvCononnimoiuu. Neither the chair nor the vice -chair have fixed icona. The Chair arid Vice -Chair shall beannually reappointed. lhcduties ofthe chair shall be to preside at all board meetings. The vice -chair shall perform the duties ufthe chair iothe chair's absence. (003514M9 306 9001821) 4 Page 1248 of 1360 13 3. 411ernates. The City Commission shall appoint (2) two individuals to serve as alternate 13 members I`or each board. Alternate members may participate at board meetings in the place of 13 absent board members or recused members, to the sarne extent as regular members. In the 1 event a vacancy occurs oil a board, the alternate shall assume the role of a regular board 1 9 member for the remainder of the abandoned terra or until the City Corninission appoints a 1 '0 replacement regular member, whichever Occurs first. a. The term for alternate members shall be for one (I) year. 1zl" b. Alternate mernber appointees may be reappointed. 1zl �' c. Notwithstanding any other provision of'City code or procedural rule, no alternate 1+ member of any City board may serve in the capacity of Chairperson, Vice Chair, oi- Chair Pro -Tem, 1 4. Orgtinizulion. Generally, City advisory boards and committees shall be composed of seven 1z] (7) regular members and two (2) alternate members, except as may be provided for by Florida 1zl Statutes, Special Act or Resolution of the City Commission oi- elsewhere within the Code of 14 Ordinances of the City of'Boynton Beach. 15 S. Quorum. Four (4) members shall constitute a quorum for each advisory board and committee 1 114 with seven (7) regular members. Where an advisory board or committee has less than seven 1 (7) regular members, a simple majority of` regular members shall constitute a quorum. 1 6. Qutdific(jlions, Members serving on advisory boards and committees shall possess sufficient 15 knowledge, experience, judgment or background necessary to competently serve the board or 15 committee to which they are appointed. 15 (a) In order to qualify for appointment to and to serve as a member of any board or 15 committee of' the City, an individual must be an elector of Palm Beach County, 15 Florida. 15� (b) In selecting individuals to serve on boards and committees of the City, preference 1 0 shall be given to individuals who are residents of the City of Boynton Beach, 1 1. provided however, non-residents who own property in the City, own a business within the City, or serve as an officer, Director or manager of a business located within the City may also qualify for appointment provided they possess qualifications or experience uniquely suited to deal with the subject matter over which the board or committee has subject matter review or power. {00351419,9 306-9001821} 5 Page 1249 of 1360 16( (c) In selecting individuals to serve on boards and committees of the City, preference 16? shall be given to individuals who do not presently serve on one ofthe City's boards, i 16E (d) Concurrent service on City boards and committees shall be permitted only to the 16� extent necessary. 11" a board member holds a position on a board that conducts 17 "quasi -Judicial proceedings'* as defined by Section 27-8 herein, such member shall 17 not concurrently serve on another advisory board that has similar quasi Judicial 17 powers. 171 6. Terin of ervice. In general, all regular member appointments shall be for a two-year period. 17 (a) Commencement qf'Terms, All advisory board and committee appointments shall 17 commence at 12:0)1 a.m. on April I and shall be for a period of two (2) years. 17 (b) E'xlfiralion of Terms. All advisory board appointments shall expire at 12:00 171! midnight on March 300" of` their second year of" appointment, except as set forth in 17' Section 27-5 herein. The City Commission shall review applicants and fill 17vacancies on City boards during the rnonth of April following the City's March 18 Commission elections or as soon thereafter as practicable. 181 (c) The terms of office of the board members shall be staggered so no more than one - 182 third of the board is appointed or replaced in any I2 -month period. 18-- (d) The current term of all board members whom have been appointed prior to the 18e adoption of Chapter 27 shall continue uninterrupted Until the expiration of said 18E term. 18 7. Term Limns. 18 (e) No member shall be appointed for more than two (2) successive terms (original 18 term, Plus on additional term). A member who has been appointed to fill all 18, unexpired term shall remain eligible to serve two (2) full two-year Successive terms, 19 (t) Upon completion of the maxill'ILIm allowable two (2) full terms of membership, no 19, t member shall be eligible for reappointment to the same advisory board, and 191: committee for a period of one (1) year unless otherwise approved by the 191Commission. 19� 8. Reorganizalion. In the case of creation of a new board or committee or the reorganization 1 1 1c or reconstitution of an advisory board or committee, three (3) members shall be appointed for an initial term of one year, with the balance of the members being appointed for an initial term of two (2) years. Thereafter, all appointments shall be for two (2) years. (00351419.9 306-9001821} 6 Page 1250 of 1360 Sec.27-3.Frequency o[nmechogs 2Uo|cas otherwise stated in Chapter 27, all advisory boards and uoronld(000 shall meet 20� onccanoouth. �puoim|�uuc(�u�annuybc�aU�db�thc(�i1y&�ano�nrorboardc6uinuun. 7 See. 27-4. Absences. 20 1. When a member of any advisory board or committee that has regularly scheduled meetings 2 mnuc u month, has missed 1borc (3) regular rnnndo|y meetings for any reason within one (|) 7 annual board term, that oocoobe,vviU be notified that one (|) additional ubscuoc will cause 2 his/her board membership to be terminated. Therefore, the t(,)urth absence shall result in 208 rcruuvu| from the board. 2 (a) Those boards or committees that have regularly scheduled meetings more than once 21 a month shall be permitted to have six (6) absences during any one (I ) annual board 21 term. The seventh ahocnuc shall pcxu|{ in rcnnovu| from the board by ministerial 2 action oFthcCity Clerk. 2 12 2./Ixcuxed/dhxeacuv. /\ board member, (owhom which any nfthe below mentioned instances 21 apply, uho|| submit in writing to the board Chairman, o,cgucs< for an excused absence or 2 1 absences. The board Chairman shall have the power to excuse an absent board member, In the 22 22 22 22 22 event the board Chairman has excused the absence of one of the board members,Uhcdooaiom must }ementioned onthe record atthe applicable meeting. (W /\uabsence may bcexcused due toone ofUscfollowing: i Pccyonn| illness orinjury; i i. Illness Or injury of a family mernber; iii. Death iuthe fani|n, iv. Emergency; V. Maternity leave; or, vi. Military service. See. 27-5.Removal; abandonment; vacancy. 1. All City board members serve at the pleasure ofthe City Commission and may be removed with orWithout cause u, any dnocbyunu ori|yvoicofdbcCiiyCoonnoisyioo, unless otherwise provided bythe Charter or[iuddn Statutes. (003514M9 306-9001821� i Page 1251 of 1360 231 23' 23'k 23 23�23 2, Notice ol'Removal. A notice of" removal shall be served upon the City board member who has been removed upon the direction of' a majority of the City Commission. The notice of removal shall be prepared by the City Attorney and signed by the Mayor, or the City Manager if so directed by the City Commission. (a) Service (-?f'Nolice. The notice ofremoval shall be served by personal delivery or by ordinary first class mail. Service shall be accomplished as soon as is practicable 236 after the City Commission directs service of` the notice of removal or, in the event i 231 of Abandonment of'Office, after the City Manager or designee issues the notice of 233 removal. 23 (b) E ,#,ctive Dale qf'Retnovals. Removal ofa City board member shall have immediate 241 effect upon the vote of a rnaJority of the City Commission. 24� (c) A person who is rernoved from a City board pursuant to the procedures set forth 24 in this section shall not be subject to reappointment to any City board for a period 24of thirty-six (36) months. 24 3. Abamloninew. In the event of Abandonment of Office, the notice of removal shall 245 autornatically be issued by the City Manager, or designee. Seven unexcused absences shall 24 E constitute abandonment of a board seat. 24)l 4. Velcano. The City Commission shall fill any vacancy. Where a vacancy is caused by the 24 resignation or removal of a member prior to the expiration of their term, a member shall be 24 appointed to complete the unexpired term only, unless the unexpired term is for a period of 25 time less than six (6) months, In that event the appointed mernber shall then be allowed to 25 serve the following full regular term without reappointment. 25 25 See. 27-6. Rules and Procedures. 25 1 . E`ach board or committee may snake and adopt by-laws, rules and regulations for their own 25, guidance and for the government and performance of its duties. Subject to the approval, 25Ei supervision and control ofthe City Commission and not inconsistent with law. 25,j 2. Boards shall keep minutes of its proceedings; record the vote on each question; and, keep 25records of` its discussions, recommendations, and other official actions. 25 3. When a board issues an order, the order must be reviewed by the City Attorney's Office 26 prior to issuance. An Order is rendered when signed by the chair and City Clerk. 26111 4. All board meetings shall be open to the public. {003514.19.9 306-9001821} 8 Page 1252 of 360 N 26. See. 27-7. Powers. 26e 1. Nothing in this article shall be construed as restricting or cut -tailing any of the powers of the 26E City Commission, or as a delegation to the board of any of the authority or discretionary powers 26E vested and imposed by law in the City Commission. The City Commission declares that public 26interest, convenience and welfare requires the appointment of the following boards or 26E committees to act in a purely advisory capacity to the City Commission for the purposes set 2 c 6, Forth in this article. Any powers delegated here to the board to adopt rules and regulations shall 27( not be construed as a delegation of legislative authority, but purely of administrative authority, 271 (a) C'Oni])ensal ion. No member of a board or committee shall receive any pay or 27 compensation for any set -vices rendered as a mer iber OfSLICII board. 27-. 2. I'lach board shall periodically advise the City Commission of its findings with respect to 27e certain matters delegated to each board and shall make recommendations to the City 27E Commission on any matter referred to it within thirty (30) days oi- within such time as 27E prescribed by the City Commission by specific resolution. 27 27 See. 27-8. Quasi-judicial proceedings before city board; procedure for 27, reconsideration of decision. 28 1. For the purpose of this Chapter, tire term "quasi-judicial proceeding" shall mean hearings 1 1 281: before the Historic Preservation Board, the Planning Development Board, or the Building 2& Board of" Adjustments and Appeals, related to the following specific types of proceedings: 28t variances; rezoning requests; appeals from administrative decisions of the building official or 2R the planning director; master plan approvals; site plan approvals; modifications of site plans; 281C relief.' From code requinn-nents; conditional use approvals; site plan extensions; abandonment fl 28,( applications; arid, other land development matters announced as quasi-judicial hearings. 281) 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties 28 with the opportunity to testify, call witnesses, introduce evidence and cross-examine 28S witnesses. 'I'estii-tioiiystiallbeunder oati,ioraffirmation. When a proposed development order 29 comes before the City Commission having first been afforded a quasi J Udicial hearing before 20 a city board, the testimony and evidence Submitted to a city board constitutes part ofthe record W, of testimony and evidence before file City Commission. {00351419,9 306-9001821} M Page 1253 of 1360 3. No quasi -Judicial p-oceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the office of the City Clerk. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of 29( each sign posted, as hereinafter required. The following notices must be paid for and provided 291) by the applicant: 29E (a) All property owners, homeowner associations, and condominium associations that 29 own property within four hundred (400) feet of the boundary line of the property 3 Which is the subject of the quasi -Judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than ten (10) calendar days prior to the hearing. (b) One (I ) sign for each street frontage of the property shall be posted no less than ten 30`1 (10) days prior to the hearing. The sign shall be legible from a distance of'one 30 hundred ( 100) feet and shall contain a description of the approval being sought, the 30 date, time and location of the hearing, and a statement that the application being 3Q considered is available for inspection in the Development Department of the city. 3 (c) When a quasi -Judicial hearing is tabled or continued at the request of an applicant, 4- re -notice of the hearing shall be provided by the applicant in the same manner as 31 original notice. 4. The City Commission may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or during the next regular City Commission meeting. No quasiJudicial decision shall be considered final until the Conclusion of the next City Commission meeting, or if'a motion to reconsider has been made and passes, the conclusion of the reconsideration of'the matter, and 31§ the entry of written order approved by the City Attorney and signed by the City Clerk. 31 , (a) When a motion for reconsideration is made and approved at the Commission 318 meeting at which the decision was rendered, the C.ornmission may immediately 31, reconsider the matter before them or, the Commission may reconsider the rnatter at a later time ;ertain which shall be announced, at the meeting, to the applicant and the public. No additional notice of the matter shall be necessary. (a) When a motion for reconsideration is made following the close of the Commission. 324, meeting at which the decision is made, only the motion to reconsider shall be heard K at the next regular City Commission meeting. Ifthe motion to reconsider is adopted {003514M9 306-9001821) 10 Page 1254 of 1360 3 3 N by the Commission, the matter which is the subject ofthe motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice provided when the item was 32i originally considered. 32` (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only 33upon a motion to reconsider at the meeting at which the decision was rendered. 331 33 33' See. 27-9. Boards and committees to follow CCNA. 33 Any city boards or committees and the like which have purchasing authority independent of 33 the City Commission, the purchases of such bodies which are subject to the Consultants' 33 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however, 33 the board or- committee, or the like will itself perform the Functions set Forth herein that are 33, otherwise applicable to the City Commission. 33, 34 See. 27-10 — 27-19. Reserved. ARTICLE 11. BOY TON BEACH ART ADVISORY 130ARD See. 27-20. Membership. 34 Appointees to the Art Advisory Board shall be residents or business owners preferably 34 with the following background: artist, art volunteer/activist; planner; private developer; 34, architect; neighborhood association member; interested citizen. i 3411, 348 Sec. 27-21. lntcnt. 34c 1. It is the intent and purpose of this article to Further the commitment of the city to the 35, aesthetic, historical, Cultural and econornic enrichment of the community through the creation 351 of'works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and 35 appreciate works of art, The requirements of this article shall be construed to promote the 35 aesthetic values of the entire community and to encourage the preservation and protection of 35 works of art. W 2. This article shall be known and cited as the "Art in Public Places Program." (00351419.9 306-9001821) Page 1255 of 1360 [ I I I 3. (hvneishif). Unless otherwise expressly agreed to in writing by the city, ownership of all art acquired through expending funds in the Public Art Fund shall be owned by the city according to the Art Advisory Board's Recommendations and Guidelines. 35) 36D See. 21-22.Definitiotis. 361 1. For the purposes of this section, the following words and phrases shall have the following 36? meanings: 363 (a) "Artist" or "Prol'essional Artist" means a practitioner in the visual arts, genet -ally 361 recognized by critics and peers as a professional of serious intent and ability. 360 Indications of a person's status as a professional artist include, but are not limited 36� to, inconic realized through the sole commission of artwork, frequent or consistent 36� art exhibitions, placement of artwork in public institutions or museums, receipt of 363 honors and awards, and training in the arts. 36� (b) "Art", "Artwork'*, or "Works of Art" means tangible creations by artists exhibiting 37 the highest quality of skill and aesthetic principles and includes all forms of the 371 Visual arts conceived in any medium, material, or combination thereof, including, 37! but not limited to, paintings, Sculptures, engravings, carvings, frescos, stained glass, 37 mosaics, mobiles, tapestries, murals, photographs, video projections, digital 37 images, bas- relief, high relief, fountains, kinetics, collages, drawings, monuments 37,5 erected to commemorate a person or an event, functional furnishings, such as artist 37E designed seating and pavers, unique or original architectural elements, and artist 37! designed landforrns or landscape elements. The following shall not be considered 37 artwork or works of art for purposes of this article: 37 i. Reproductions or unlimited copies oforiginal artwork. 38C ii. Art objects, which are mass-produced. 381 iii. Works that are decorative, ornamental, or functional elements of the 38 architecture or landscape design, except when commissioned from an artist 38 - or designed as an integral aspect of structure or site. 38 (c) "Building" means any structure that encloses space and is used or built for the 38E shelter or enclosure of persons, businesses, chattel or property. 38C (d) "Development" means any construction, or redevelopment, or structural alteration 38 of any private or public building within the limits of the city. (00351419.9 306-9001821} 12 Page 1256 of 360 kg "Arts Conin-ission" or "Art Advisory Board" means the advisory board established 3 8 C, by the City Commission pursuant to Ordinance Ol-64,cenarned toArts Advisory 39C Board in Ordinance 2020 -XX. 39 (R "Public /\ri Fund" rocunm a mcpmco{u, interest bearing account set up by the city to 392 receive monies [br1bo /\n in Public Places Program. 3 9 3 (g) ''Kconodc|iog or conversion '^ nnoaoa alterations made to a building within any 394 ivvc\Yc month period, including, but not limited to, changes to the Cucadc of a building, changes to the interior ofa building, iourcaacm or dccccamoo in the floor 39 area mfabuilding arid changes 10exterior improvements. 3 9 (h) In -fill Bouaiug" nucuos new residential units nn poccc|m ieay than rive (5) uorca 39 that are not part of' ail approved planned unit development as defined by the city 39 |ond development regulations. Sec Z7-23,Art Advisory Board Meetings. l. The Ad Advisory Board shall nooct at an appropriate place and mbo|| arrange u bnzc for holding regular nuccziogu ofthe Art Advisory Board, arid for Such other meetings as obaU be necessary, and i{may add \osuch rules of' organization, regulation arid procedure as it may dccnunecessary arid determine the duties o[its members and officers. 2. The Boynton Beach Art Advisory Board ahnU {uoc1uo and operate as outlined in the (]tr of'Boynton Beach's Ordinance No. 0 1 -64. 40 See. 28-24 Purpose and Duties. 41 l. The purpose ofdzc Art Advisory 0man] is to m]vlsc the City Commission on onnitexy related 4 1 tothe arts, \o develop uplan and programs to promote arid Support art inpublic places, and to 41 recommend guidelines arid funding for implernentation. It shall be the duty of the Art Advisory 41Board to act as ail advisory board to the City Commission in providing advice mn matters 41 relating tothe Visual mdo. 41 2. The /\d Advisory Board may reconnrnrud funding amunuem including private sources and 41E grant funds; encourage public arid private partnerships in the ads; review and on4kc 41rccorunucndu1inoynuproposu|a5oronivvork5ocpuh|ichoi\diugaoodpubiioapuocs;uncmuragc 41 1 E the flow ofart into the City; stimulate art related activities and events; study issues related to 41 C art arid implement art progyanoa as delegated to it by the City's Commission hroou donotu 1iooc. w0351419,9 306-9001821) Page 1257 of 360 42 3. The Art Advisory Board shall periodically advise the City Commission of its findings or 421 proposals with respect to the foregoing issues and make recommendations to the City 42: Commission on any matter referred to it within as much time prescribed by the City 42 Commission. 42 4. 'Fhe Art Advisory Board shall have the f'ollowing additional powers and duties: 42 (a) Recommend to the City Commission adoption of Art in Public Places Program 42( Guidelines and amendments thereto; 42 (b) Recommend to the City Commission adoption of' a Public Art Master Plan 42E identifying locations for public artworks and establishing a priority order; 42 (c) Recommend to the City Commission authorization of expenditures for maintaining 43 and implementing the Art in Public Places Program; (d) Recommend to the City Commission other expenditures of' the Public Art Fund 43k Such as hiring staff and services to run the Art in Public Places Program; 43 (e) Exercise their authority to approve, approve with conditions or disapprove 43proposed installation of artwork based on Art in Public Places Program Guidelines; 431E and 43i( (0 Advance, through education and communication, the Art in Public Places Program 4311 Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". 43 43 Sec. 27-25. Establishment of public art fee. 1. All development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this article which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a public art fee, For the purpose of this section, a project will be considered "commenced" when an application for review is first Submitted to the city's Development Department. 'The public art fee shall be equal to one percent (1%) of"construction value of the project. The Building Division/Finance Department shall administer the billing and collection of the thirty percent (30%) or (03) of the one percent (11%)) of the public art fee at the time of'Building Permit issuance and the seventy percent (70%) or (.07) of` the one percent (I%) prior to and as a condition of" issuance of the certificate of Occupancy that includes the public art. One hundred percent (100%) of' the public art fees 450 collected are to be allocated to the Public Art. Fund. All distributions for the Public Art Fund 45 require the recommendation of the Art Advisory Board prior to City Commission approval. {00351419.9 306-9001821} 14 Page 1258 of 1360 451� 2. The following types of'proJects are exempt from the payment of the public art fee: 4 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 45,e earthquake or other calamity determined by the City of Boynton Beach Building 4 Official. 4 (b) The percent of the project dedicated to affordable housing as defined by the City of' 4 Boynton Beach. 4 (c) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension. (d) Single-family and two-farnily in -fill housing. (e) Normal, routine maintenance including replacement of existing damaged or failing structural or non-structural elements, I IVA C, Plumbing, electric, or fire detection/suppression equipment of a project not associated with an addition, renovation or new construction. 46! (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 4 ( existing arnenity, clubhouse, building, pool, park, playground and/or common area 46-) element located within an existing private residential development. '-['his specific 4 8 exemption applies retroactively to October 5, 2005. 4 9 3. Project owners required to participate in the Art in Public Places Program may obtain 4 0 reimbursement up to seventy percent (70%) of'collected art fee if the following conditions are 471 met: 47 (a) The owner of a development agrees to follow the Art Advisory Board's 47 recommendations to develop the art. in the project; and 47 (b) Prior to placement on the development site, has the artwork approved by the Art 4 Advisory Board to insure that the artwork will be accessible and readily visible to the. 4 public based on location of artwork and normal traffic of vehicles/pedestrians in the 4 proposed location; and 4 (c) Select all artist directly to execute a project that meets specific criteria outlined by the 4 recommendations and guidelines docurnent provided by the Art Advisory Board or Ll Ll hire a professional consultant to select artists to commission site- specific, architecturally integrated artworks that meet specific art guidelines criteria outlined by the recommendations and guidelines document provided by the Art Advisory Board; or purchase artworks for permanent installation recommended by the Art Advisory 1,00351419.9 306-9001821} 111 Page 1259 of 1360 Board; or elect to purchase an existing artwork or commission an original artwork for donation maagift tothe City ofBoynton Beach's public art collection. See. 27-26. Illublic Art Fund. |. '['here is hereby created o Public Art Fund administered by the /\d Advisory Board. Funding shall consist of all contributions received from od fees for development and redevelopment. Contributions abuU include one percent (lY{) of construction value on pro.jects exceeding $250,000.00` any cnyk grants and donations to the city for public od proJects from gmrcrorocnto| or private resources, and all other funds o||mcuiod by the city through the budgetary process for the provision ofpublic art. 2. Expenditures 6nm the Public Art Fund shall include but not bo limited to expenses mae*cia1ud with the ac|eo1ioo, commissioning, acquisition, transportation, nuxio&xnenoc, public education, prornotion, administration, prograrn marketing, documentation, removal and insurance of the works of art or in rc|n1ino thereto. The /\d Advisory Board can recommend to the City Commission expenditures frorn the funds in furtherance of the Art iuPublic Places Program. 3. Disbursements ofthcpublic art fee shall be seventy percent (7O%)bo the construction of ad in u given project and thirty percent (30%) fbrdzc administration nf1be Art in Public places Program and u(endowment orreserve fund) for future work as described in the Art Advisory Board's Guidelines and Recommendations. H 5Sec. 2T-27.Art Advisory Board's Guidelines and Recommendations. |. The /\ni and y\diot ac|oc1ioo criteria mhuU be in compliance with the /\d Advisory Board's 5C Guidelines and Rcuornroendndons. 5C8 2. Gu/oelinax. The Art Advisory Board eba\| prepare and from time ho1icnc recommend iuthe 5C 9 City Cororoimaloo revisions to the Art in Public p|4ues Program Guidelines and make the sarnc 510 available 1othe public, which shall provide guidance for program organization; organizational 5 1 governance and staffing responsibilities; procedures for project p|aouing; artist selection; ad 5 selection criteria; ad placement criteria; donations; loans and nncnuoriu|u; oo||codon 511 management; and administration of1hcPublic Art Fund. 16 Page 1260 of 1360 I'l," 51 R 3. Loc(ition Plan. The Art Advisory Board shall prepare, and from tirne to time revise, a Art in Public places Program Location Plan that identifies locations and criteria for public artworks 516 and establishes a priority order. 51 . 518 See. 27-28 — 27-32. Reserved. 519 52 ARTICLE 111. BOYNTON 13EACII LIBRARY BOARD 52 See. 27-33. Purpose and Duties. 52 1. SubIject to the control and direction of the City Commission, the Library Board: 52] (a) Shall act in an advisory capacity (non administrative) to the City Commission, to 52z assure representation of the ideas of citizens and taxpayers of the City relative to 52! the function and operation of municipal libraries and reading rooms in the City, and 526 Such advisory assistance shall include, but not be limited to, recommendations 5Z relative to control of expenditures of moneys collected or donated to the credit of 52�d any municipal library in this City, and the supervision, care and custody of the 52S grounds, rooms, property and buildings constructed, leased or set aside for 53( municipal library purposes. 531 (b) Shall make recommendations for the appointment of a Suitable librarian and assistants and their respective rates of compensation; establish regulations for the government and control of any inUllicipal library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rule!,, penalties and forfeitures for failure to return any book or for violation 5 of any by-laws or regulations of the board. 5 (c) Shall annually in an advisory capacity assist the City manager in preparing a budget 5 for the maintenance and expansion of municipal library facilities. 5 - (d) Shall keep records, inventoiics and accounts, budgetary or otherwise, of all of the 1C 54(( activities of the board and the municipal library system and make reports to the City 5 1 Manager and the City Commission relative thereto annually or whenever requested 5 to do so by the Commission. CA 27-34 — 27-38. Reserved. {00351419.9 306..900182.1) 17 Page 1261 of 1360 1� 54 1)j ARTICLE IV. PARKS AND RECREATION BOARD 54"? 27-39. Powers and duties. 50 1. Subject to the control and direction of the City Commission, the Parks and Recreation Board: 549 (a) Shall act in an advisory capacity (non -administrative) to the Recreation and Parks 551) Department, to assure representation of ideas of citizens who are interested in 55.1 promoting better recreation and park facilities and programs for the City. Such 552 advice shall include but not be limited to site locations, development, supervision 55:3 and maintenance of'public recreation and parks of the City. 554 (b) May acquire by gift or donation, any property for public recreation or park 555 purposes. Any gifts or donations acquired shall go through the Recreation and Parks 555 Department and shall become the property of the City, and title of any real property 557 so acquired shall be taken in the name of -the City. 55� (c) Shall make recommendations to the City Manager and City Commission, through 55 the Recreation and Parks Director, concerning the purchase of property by the City 56 for public recreation and park purposes, concerning the establishment, 561 maintenance, and supervision of public recreation and parks, and concerning 56?: expenditures of the recreational and park fund hereinafter established. 56 (d) Shall keep records and accounts of all the activities of the Board and make reports 56# through the Recreation and Parks Department to the City Commission and City 565 Manager whenever requested to do so. 565 (e) In exercising their powers and performing their duties as specified in this article, 567 the Board shall act through a majority of its members and the Chair of the Board is 56 requested to sign all papers and documents requiring the signature of the Recreation 56 and Parks Board. 51 571 See. 27-40 — 27-44. Reser-ved. 57) 57 ARTICLE V. SENIOR ADVISORY BOARD 57 See. 27-45. Meetings. 575 The board shall rneet quarterly on an "as needed" basis for the transaction of business. 575 Its meetings shall be open to the public. 57 {00351419.9 306-9001821) 18 Page 1262 of 360 i 57 Sec. 27-46. Purpose and Duties. 57) 1 The Senior Advisory Board shall assist the elderly in: 58 (a) Setting up a retired senior volunteer program known as RSVP to provide services 58 for the homebound; 58 (b) Seeking federal and state grants to provide for services; 58 (c) Monitor and lobby for legislation regarding the elderly; 584 (d) Make arrangements for the medical mobile unit already in operation in Palm Beach 5815 County to bring it to the City of" Boynton Beach; 586 (e) Provide a pamphlet of available programs flor seniors; 58 (f) Provide a speakers bureau, workshops and educational meetings on topics of 58interest for seniors; 58 (g) 1iecomrnend free legal programs and banking services for the homebound; 59 (h) Provide recreation and social programs. 591 59? Sec. 27-47 — 27-51. Reserved. 59ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD 59 59 See. 27-52. Created. 59: The City Commission, in accordance with the powers vested in it, merged the Children 59: and Youth Advisory Boards and the 1"Iducation Advisory Board and established the Education 59� and Youth Advisory Board. All powers, duties, and responsibilities of the l"ducation Advisory 59 Board shall survive and be deemed merged and consolidated with the powers, duties and 60 responsibilities of the Children and Youth Advisory Board. All previous actions of the 601 Education Advisory Board shall Survive this consolidation unless specifically revoked by the 60 Children and Youth Advisory Board. 60 See. 27-53. Organization. 60 1"he Children and Youth Advisory Board shall comprise seven (7) permanent members, 60two (2) alternate members and three (3) student members. The three (3) student members shall 60 be appointed for a period ofone ( I) year. 60 Sec. 27-54. Purpose and Duties. {00351419.9 306-9001821} 19 Page 1263 of, 1360 61, l.The Education and Youth Advisory Board shall assist the City and local schools in: 611 (o) Ocvcioprncnt of programs that pronuo1c ongoing rc|o1iouabipm with caring adults 61and the recruitment ofVolunteers nn uoaiat o1udcoLm before, during and after school. 61 (b) Fortnulation oflong and short range programming to benefit the children and youth 61of the community by involving parents, the buoiucmm community, civic and 615 neighborhood organizations, including volunteer recruiting for before and after 615 |oou| school programs. 61 (c) Contact community groups and businesses within the geographical boundaries of 61Boynton 0eoob for professional akU|x, roaic,iu|s, financial or education support for 6 A the schools and with the purpose of' implementing programs at local schools that 62hcoeDiak|dcotsfr/noPro-KUbnouuhgrodcs l2and vocational schools. 62 (J) Development ofincentives and enhancements to encourage the development ofsafe 62places, including improved playgrounds at or near local schools and structured 623 activities during non -school hours. 62 (e) Coordinating with City's parks and recreation department to improve playgrounds 62�' utornear local schools. 625 UD Identification and dissemination ufiofbro7uti000il local, county, state and federal 627 programs that provide beneficial services to children and their f1olUica. 67 (g) Developing s1n«begica for uorocnunicu(ioA with the School Board of Palm Beach 62 County and its staff, advising the City Commission as to the activities of the School 63 Board, and other federal, sks1u and local icgio|u1ivc bodies which affect the needs 63L Of' Students, with inthe city. 63, i. Developing recommendations to the City Commission for forwarding to file 6School Board ofPe)ouBeach County regarding actions which may hotaken 63 41in auppnc1 nfmubom|a in Boynton Beach and with respect to proposed 63 legislation at the atm1c |ovc|. 63 (b) Development ofchild and Youth advocacy programs. 63 (i) Developing public relations that highlight successful programs within tile schools 630to help improve their image in conjunction with |oou| media. 63 (j) Coordinating with the local police department to improve safety for students before, 64 during and after school, and to prn0001c and enhance the relationship bcNvccn 6411 children and local police. 20 w0351419,9 306 momzz> Page 1264 of 360 MW 645 ARTICLE VIK. PLANNING& DEVELOPMENT BOARD 645 See. 27-6O,Membership. 647 l. In appointing rnuonbco to the Planning and Development Board, the City Commission mhnU 64 give preference, when possible, to resident professionals Such as u,huo planners, developers, 64 rcuhorm, and design professionals licensed in the disciplines of architecture, landscape 65 architecture, and civil engineering. 65 2. Should u member ofthe Planning and Development Board o`mvc outside the City limits, the 651 oncrobcr shall become disqualified, and e new 000nobcr uho|| be appointed by the City 65 Commission. 655 Sec Z7-61.Functions, Powers, and Duties. 655 l. The Planning and Development 0Vmd shall actin an advisory capacity to the City 657 Commission by conducting investigations and holding public bcuriugm regarding the 653 Following: 65) (a) Ordinances, regulations, and other proposals prornoting orderly development along 66D lines indicated omdesirable bythe ConuprehcnmivePlan; 66 (b) Proposed developments and determination of' conformance bothe principles and 66requirements ofthe Comprehensive Plan and Land Development Regulations; 66 (c) Changes or amendments relating 1othe boundaries of the City, its zoning districts, 66 or Future lard use rnap classifications; 66 (d) Changes or amendments to the 1cx1 of the Comprehensive Plan or Land Development Regulations; 66 (e) Other duties which may be iov/[uUy umaigocd to it, or which may have a bearing on 66 the preparation oraccomplishment uf1hcplan; 66 <A Pr jcctdcaigns` aesthetics, quality, and impact upon the value mfpropcdy and the 67 physical cnvironrncnto[ibe City; and 6-7 (g) The prorno1iouo[suataivab|cdevelopment activities. 67 67 See. 27-62.Meetings. 00351419.9 306-9001821) Page 1265 of 360 1. The Planning and Development Board shall meet on the fourth Tuesday of each month unless otherwise rescheduled in connection with holidays, planned absences, or at other such times as the chairperson may determine, (a) On behalf' of the board, the City Clerk shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact. (b) No member shall abstain from voting UrIleSS he or she has a conflict of interest pursuant to the provisions contained herein or in accordance with F.S. Chapter 112. (c) The records of the board shall be riled in the office of the City Clerk and shall be 68:3 public records. 684 685 See. 27-63. Review of Applications. 68 1. Staff' shall review each of the following types of applications and requests and make a 68 recommendation to the Planning and Development Board, who shall have the authority and 68$� duty to hear and make recommendations to the City Commission: 689 (a) annexation; 691) (b) Comprehensive Plan arnendi-nents; 691 (c) conditional use; rezoning; 692 (d) Master ]')Ian (new); 69:3 (e) major Master Plan modification; 694 (1) Site Plan; 695 (g) Site flan time extension; 695 (h) Maxtor Site Plan modification; 697 (i) Vacation and abandom-nent; 693 (l) Master Site Plan (new); 69) (k) Major Master Site Plan modification; 70 D (1) Use approval; Waiver (in PID); 70� (m)COMMUnity Design Appeal; 70R (n) Height exception; 70' (o) Variance to Land Development Regulations; and, 701 (p) Wireless communication facilities (WCF). {00351419.9 306-9001821} 0 Page 1266 of 1360 711 71 71 71 71 71 71 71 72 72 72 72 72 72 72 72 73 73 73 73 73 73 73 � See. 27-64. Action. 1. No action of the Planning and Development Board shall be considered a finalaction o[the City until ratified by thc City Commission. The procedure for ratification shall be as follows: (a) All matters which have been reviewed and acted on by the board shall be summarized in writing as a proposed development order, The [onn of tile proposed development order shall boapproved hythe City Attorney. (b) All proposed development orders shall be eubrniU#dtotile City Commission at n regular City Commission nucc1ing [b||ov/iug action by dbc board. When a legislative item, such as u land use urocod000nL is consolidated with a quasi - ,judicial item, such as u rezoning, both it000s uba\i proceed using Lbc quasi - ,judicial process, but consolidation sbu|i riot alter the legal standard for review, or the burden of proof. (c) The City Commission may table uproposed development order to ensure that proper notice and opportunity to be heard is provided to the applicant, 1bc public, and any other interested parties. All documents and evidence that were Submitted to the Planning and Development Board constitute part of the record oil' the proceeding before the City Commission and hiopresumed that the City C.nnonniaslou accepted and considered the documents and evidence in its consideration of the issues before the Commission. (6) Following approval ofadevelopment order bvthe City Commission, the City Clerk nbaU date and sign the development order and issue it as u final order. See.Z7-65.Terms and Definitions. See Part ll[, "[,,and Development Regulations", Chapter l, ^^Ge)cna| Administration", Article 11, for all applicable terms and definitions which pertain to the regulations and standards contained herein. ARTICLE Vi1D,0DSTOH0C RESOURCES PRESERVATION BOARD See. 27-72. Membership. (003514M9 306 9001821) 23 Page 1267 of, m4i 73 rte 1. Where possible, a minimum of two (2) members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A Minimum of three (3) additional members of the board shall be experienced in the areas of 741 commercial development, real estate, banking or law. The two (2) remaining mernbers shall 74be citizen members at large. 743 (a) All members shall have demonstrated a special interest, experience or knowledge 74 in historic peservation or closely related disciplines. 74! (b) Persons serving on the board are encouraged to attend educational meetings or 746 workshops to develop a special interest, expertise, experience or knowledge in 74"? preservation, architecture, or quasi-judicial boards. 74 (c) The City may appoint a professionally qualified historic preservation planner to 74 advise and assist the board, carry Out delegated responsibilities, and undertake the 75 requirements for Certified Local Government certification. 751 75 ?! See. 27-73. Meetings. 75 1. The board shall hold a minimum Oft*(.)Ur (4) meetings per year at regular intervals. All 75, meetings of the board shall be publicly announced and will have a previously advertised 75 agenda. The meetings shall be open to the public. 75 (a) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity 757 and participating fully in board discussions, but having no right to vote. 753 (b) Summary minutes will be prepared and made available to the public after 75) adoption by the board. 76 76 See. 27-74. Powers and Duties. 76 1. The board shall have the following powers and duties within the incorporated City limits of 76 Boynton Beach, Florida: 76 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the 76 City Commission and shall provide recommendations to the City Commission 76 regarding the following: 76V i 400351419.9 306-9001821) Nomination of" properties and districts to the National Register of Historic Places, as a required duty of'being a certified local government. 24 Page 1268 of 1360 , 76: 77: 771 77'. 77 ii. Nominations of properties and districts to the Boynton Beach Register of Historic Places. iii. Adoption, modification, or replacement of' a Design Guidelines Handbook. (b) To hold l)Ublic hearings and to approve or deny applications for certificates of appropriateness or certificates of econornic hardship affecting proposed or designated properties or properties within districts; (c) To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitatiori and reuse, and on procedures for inclusion in the National Register of Historic Places; (d) To call upon available City staff members as well as other experts for assistance and/or technical advice; (e) 'To authorize a member ofthe board to testify before a board or committee on any matter affecting historically, culturally, archaeologically, and architecturally significant properties and resources; (f) To confer recognition Upon the owners of properties and districts by means of 78, certificates, plaques or markers; 78, (g) "Fo recommend amendments or changes to these Regulations; 78: (h) To inform and educate the citizens of' the City concerning the historic, Cultural, 78 archaeological, and architectural heritage of the City; and 78 (i) To participate in survey and planning activities of the Certified Local Government; 79 To coordinate with the State of Florida's Division ofl-listorical Resources Certified 7911 Local Government program by satisfying the following requirements: 79 2 i. The State Historic Preservation Officer shall be given thirty (30) 79- calendar days prior notice of' all meetings and within thirty (30) days 79 fAlowing such meetings shall be provided with the minutes and record 79fr of attendance of the Historic Resources Preservation Board and the 79 public. 79, ii. The State historic Preservation Officer shall be notified ofany change 79 of Historic Resources Preservation Board members within thirty (30) 79 days of their appointment. (00351419.9 306-9001821) 25 Page 1269 of 360 80 iii. Notify the State Historic Preservation Officer immediately of all new 80 j historic designations or alterations to existing designations. 80 iv. Submit amendments to the ordinance to the State Historic Preservation 80B Officer for review and cornment at least thirty (30) days prior to 804 adoption. 805 V. Submit an annual report by March 1 covering activities of the previous 803 October 1 through September 30 and shall include the following 807 information: 803 A. A copy of the Rules of` Procedure; 80 B. A copy of the f listoric Preservation Ordinance; 81 C. Resumes ofthe Historic Resources Preservation Board members; 81 D. Changes to the historic Resources Preservation Board 814 membership; 81 E. New local designations and National Register listings; 81 F. A review OfSurvey and inventory activity with a description of the 81 system used; 81 , U. A program report on each grant -assisted activity; and 81 i 1-1. Number of projects reviewed. 81 (k) "�f"o undertake any other actions or activity necessary or appropriate to the 81 implementation of its powers and duties or to implementation of the purpose of 82 these Regulations. 82 82 Sec. 27-75 - 27-79. Reserved. 82 824 ARTICLE IX. BUILDING BOARD OF ADJUST MEWS AND A'PF.ALS 82 82 Sec. 27-80. Powers and duties. 82` Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building f� 82 f Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the 82 Building Board of'Adjustments and Appeals shall have the power, as further defined in Section 83 11.3.4, ofthe Boynton Beach Administrative Amendments ofthe Florida Building Code, to 831 hear appeals ofdecisions and interpretations ofthe building official and consider variances of {00351419.9 306-49001e2U 26 Page 1270 of 1360 the Florida Building Code and other technical codes. &,e Boynton Beach Administrative Amendments to the Florida Building Code 6th Edition (2017). 83 83 Sec. 27-81. Secretary of board. 83 The building official or his/her authorized representative shall act as secretary of the board 83 and shall make a record of all of its proceedings, which shall set forth the reasons for its 833 decision, the vote of each member, the absence of a member, and any failure of a member to 833 vote. 84 84 See. 27-82. Membership. 84 Board members shall be composed of individuals with knowledge and experience in the 84�t technical codes to include, to the greatest extent possible, an architect, engineer, general 84; 1 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other 84 contractor licensed category. In addition to the regular members, there should be two alternate 84 members, one member with the qualifications referenced above and one member at large from. 84 the public. 843 See. 27-83. Appeals. 853 1. Decision of they bUiNh7g Qfticial. The owner of building, structure or set -vice system, or 851 duly authorized agent, may appeal a decision of the building official to the Building Board of 851 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: 85 (a) The building official rejected or refused to approve the rnode or manner of 85; construction proposed to be Followed or materials to be used in the installation or 85: alteration of a building, structure or service system. 85 (b) The provisions of this code do not apply to this specific case. 85 (c) That an equally good or more desirable form of installation can be employed in any 85 specific case, which the building official has rejected or refused. 85 (d) The true intent and meaning of this code or any of the regulations hereunder have 86 been misconstrued or incorrectly interpreted. 86 See. 27-84. Variances. 00351419.9 306-9001821) 27 Page 1271 of, 1360 863 1. The Building Board of AdJustments and Appeals, when upon written request, has been so 864 appealed tel and after a hearing, may vary the application of any provision of this code to any 865 particular case when, in its opinion, the enforcement thereof would do manifest injustice and 86 Would be contrary tel the spit -it and purpose of this or the technical codes or public interest, arid 86 also finds all of the following: 86 (a) That special conditions arid circumstances exist which are peculiar to the 86 building, structure or service system involved and which are not applicable to 870 others. 871 (b) "That the special conditions and circumstances do not result from the action or L 87inaction ofthe applicant. 87 (c) That granting the variance requested will not confer on the applicant any special 87 privilege that is denied by this code to other buildings, structures or service 875 system. 875 (d) That the variance granted is the minimum variance that will make possible the 877 reasonable use ol"the building, structure or service system. 873 (e) That the grant of the variance will be in harmony with the general intent and 87)( purpose of this code and will not be detrimental to the public health, safety and 88) general welfare. 88 88 See. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a 88 I reasonable time limit within which the action for which the variance is required shall be 88 commenced oi- completed or both. In addition, the board may prescribe appropriate conditions 88 and safeguards in conformity with this code. Violation of the conditions of a variance shall be 88 deemed a violation of this code. 88 88 Sec. 27-86. Notice of appeal. Notice ot'appeal shall be in writing and filed within 30 calendar 88 days after the building official renders the decision. Appeals shall be in a Form acceptable to 89 the building official. 89, 89 See. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building, 893 structure or set -vice system, which in the opinion of the building official, is unsafe, unsanitary �00351419A 306 9001821) 28 Page 1272 of 360 '. Or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. See. 27-88. Procedures. 1. Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions ofthis code. The board shall rneet on call of the chairman, Subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. (a) Rules of .Evidence. Formal rules of` evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of type commonly relied upon by reasonable, prudent persons ill the conduct of their affairs shall be admissible, whether or not Such evidence would be admissible in a trial in the Courts of Florida. Any part of the evidence may be received in written forni. The board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. (b) Te,.slirnony. Any member of the board or the attorney representing the board may ilIqUire of, or question, any witness before the board. Any member of the board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the board. The board may consider testimony presented by the building official, the petitioner, or any other witness. 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a decision Without unreasonable or unnecessary delay. Each decision of' the board shall also include the reasons for the decision. If'a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. F.very decision shall be promptly filed in writing ill the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by rnail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; Subject however to such remedy as any aggrieved party might have at law or in equity. {00351419,9 306-9001821) 29 Page 1273 of, 1360 9 3. Local ('Onslruclion Regulation Board. The local government may also Litilize this Board to 9 J convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 9 E 489.113. 'file t,CRB may deny, suspend, revoke or limit the authority of a certified contractor 92 to obtain a building permit or permit with specific conditions, if the I..,CRB has found Such 93 contractor, through public hearing, to be guilty of fraud or a willflul building code violation 93 within the COLInty or municipality that the LCRB represents. The LCIZB may also, deny, 9 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or 9 permit with specific conditions, if it has proof through the public hearing process, that a 9 contractor has been found guilty in another county or municipality within the past 12 months, 9, of fraud or a willful building code violation and after providing notice of an opportunity to be 9 heard to the contractor, finds that such fraud or violation Would have been fraud or a violation 9 if committed in the county or municipality that the LCRB represents. Notification of and 9 information concerning Such permit. denial shall be submitted to the division within 15 days 9 i after the LCI�B decides to deny the permit. See. 27-99. City Commission. 1. Local Planning Agency. "The City Corritnission is hereby designated as the city's local planning agency to act oil behalf' of the city under the terms and provisions of the local government Comprehensive Planning Act, having the general responsibility for overseeing a comprehensive planning program and the preparation and amendment ofthe Comprehensive Plan or elements or portions thereof applicable to the areas tinder the jurisdiction of the city as 94 , provided in said Act. 94E 2. 1;'inalily and Reviev. All decisions of the planning arid Development Board shall be 9advisory to the City C,,ornalission. Once final, a decision may be reviewed by the filing of a 95( Petition for Writ of Certiorari in the Circuit Court of the I 5th Judicial Circuit in and for Palm 9 Beach County, Florida, and in accordance with the procedure and within the time provided by 9 court rule and Such time shall commence to run from the date of the decision sought to be 953 reviewed. 99 � 27-100 — 27-104. Reserved. I; {00351419.9 306-9001821 } ARTICLE X. APPEALS 30 Page 1274 of 1360 1 9E See. 105. Administrative Official. 9E 1, Eligibilil.Y. Appeals of'a decision ofart administrative official may be taken by any person 9E aggrieved, or by any officer, board, or bureau of the governing body affected by any decision 9 1 of an administrative official under any ordinance enacted pursuant to the Land Development 9 1 Regulations. 9 3 2. Filing. Appeals of a decision of an administrative official, excluding the Building Official, 9E shall be filed within fifteen (15) calendar days after rendition of the order, requirement, 9E decision, or determination made by the administrative official. For appeals ofa decision made 9E by the Building Official, the notice of appeal shall be in writing and filed within thirty (30) 9 calendar days after such decision is rendered. When necessary, a Current certified survey and 9 a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or 9 other material constituting the record upon which the action was taken shall be collected by 9 the administrative official and, together with the completed appeal, forwarded to the 97 appropriate appeal board for placement on the board's next available agenda. 97 3. Slu.lv of Work. Upon posting of acceptable surety (see QjaIter 2,Article _1Ij., `lection 6) by 9? the appellant in an amount equal to one hundred ten percent (110%) ofthe potential costs of' 9 delays and darnages as certified by a design professional, all work on the premises and all 911 proceedings in furtherance of the action appealed will be stayed, unless the administrative 9 6) official from whom the appeal was taken, certifies that by reason of facts stated in the 9 7 certificate, a stay Would cause imminent peril of life or property. In Such case, proceedings oi- 9 8 work shall not be stayed except by a restraining order which may be granted by the board or fi 9�0 by a court of record on application, oil notice to the of icer frorn whore the appeal is taken and 9M on due cause shown. 9E1 4. Assi�,,nmenl (?fAppeals. The City Commission or the Building Board of Adjustments and 9 Appeals shall review all appeals. The assignment of each is as follows: 9 (a) C'ilj� Commission. T'he City Commission shall hear and decide all appeals regarding 9 the administration, interpretation, or enforcement of any standard, provision, or 9 regulation contained in the land development regulations, except for that which is 9�1 identified below. (b) Builtling Board (rfA(#usonenls and Appeals. The owner of a building, structure, or set -vice system, or duly authorized agent may appeal a decision of the Building Official or the Floodplain Administrator, as applicable, in his/her enforcement or administration (00351419.9 306-9001821) 31 Page 1275 of 1360 ; 991 of Chapter LX, Building, COnStRiCtion and Historic Preservation 99'I Requirements; Chapter A,Arti I X, Flood Prevention Requirements; or whenever any 99, one (I) of the following conditions are claimed to exist: 99� i, The Building Official or the Floodplain Administrator, as applicable, rejected 99, or refused to approve the mode or manner of construction proposed to be 99,E followed or materials to be used in the installation or alteration of building, 99i( structure, or set -vice system; 99 ii. The provisions of the city's current edition ofthe Administrative Amendments 99 to the Florida Building Code do not apply to this specific case; 99, iii. That an equally good or more desirable form of installation can be employed in 100 a specific case; oi- 100 iv. The true intent and meaning of the city's current edition of the Administrative 100 0 Amendments to the Florida Building Code have been misconstrued or 100 incorrectly interpreted. 10 V. An application made by the owner or tenant of property which operates as a 10 1., group home is denied. The Building Board of" Adjustments and Appeals shall 100 convene within thirty (30) calendar days cif the date that a written appeal is filed 10 with the City. If the Building Board of Adjustments and Appeals is unable to 10 convene within 30 days, the appeal may be heard by the City's Magistrate and 10 the matter will be added to the agenda of the next available Code Enforcement 101 Hearing date. 101( 5. Ileuring ref 2I1)1)ea1s, The City Commission or Building Board of Adjustment of Appeals 101 shall fix a reasonable time for the hearing ol"the appeal, give public notice thereof, as well as 1011 due notice to the pat -ties in interest. Upon the hearing, any party may appear in person, by 1014 agent or by attorney. 101! 6. Rei,iew qf,4(bninisIr(Wve Or(Jei-s. In exercising its powers, the City Commission or the 101( Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may 101-) modify the order, requirement, decision, or determination made by an administrative official 101E and may make any necessary order, requirement, decision, or determination, and to that end, 101shall have all the powers of the officer from whose action is being appealed. The concurring 1 vote of a majority of the members present shall be necessary to reverse any order, requirement, (00351419.9 306-9001821} 32 Page 1276 of 1360 M decision, or determination of any administrative official or to decide in favor of the applicant 1021' on any matter upon which the board or commission is required to pass. 102! 7. Incleninijication, In the event a claim or lawsuit is brought against the city, its officers, If 102, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold 1021 harmless the city, its officers, employees, servants or agents and to defend said persons from 102 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising Out 102 of or relating to the appeals from decisions of an administrative official whether the appellant 102 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 102S expenses incurred by the city, its officers, employees, servants or agents in connection with 103( such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of 103i any of the city's immunities provided for in F'.S. § 768.28. 103 103See. 106. Building Board of Adjustments and Appeals. 103 1. Eligibility. Appeals ot'decisioris by the Building Board of Adjustments and Appeals may 103 E be taken by any aggrieved party affected by a board decision, 103. 2.. Filing. Appeals for Judicial relief shall be riled with the Palin Beach County Circuit Court 103�� within thirty (30) calendar days after rendition of a board decision. 103�(Ord. 10-025, passed 12-7-10) 1035� 104 See. 107. City Commission. 104 1. Elii�ibility. Appeals of decisions by the City Commission may be taken by any aggrieved 104 party affected by a City Commission decision. 104 2. Filing. Appeals for judicial reliell'shall be filed with the Palin Beach County Circuit Court 104 within thirty (30) calendar days after rendition of the City Commission decision. 104! 104 See. 108. Withdrawal or Denial of Appeal. 104 1. Ref iling, ,Ifier Deniol. Upon denial of an application for relief hereunder, in whole or in 104 part, a period of one (1) year Must elapse prior to the filing of a subsequent application 104:1 affecting the same property or any portion thereof. 105 2. Rqfiling 4fier WilWiwival 1411h Pre, utlice. Upon the withdrawal of an application, in 1051: 1 whole or in part, a period of` six (6) months niust elapse prior to the filing of a subsequent 105' affecting the same property or any portion thereof, unless, however, the decision 100351419.5 306 9001821> 33 J Page 1277 of 1360 11, 105of the applicable Advisory board is without prejudice.; and provided that the period of 105 limitation shall be increased to a two (2) -year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. 3. Re filing A.fter ffi1,h(Irenv(il wilhout Preiudice. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request For withdrawal is in writing and executed in a manner and on a form prescribed by the Building Board of Adjustments and Appeals and filed with the board at least one (I ) week prior to any hearing scheduled concerning the application; otherwise, all Such requests for withdrawal shall be with prejudice. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. No application may be withdrawn after final action has been taken. {00351419.9 306-9001821} 34 Page 1278 of 1360 12.A. Legal 4/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-011 - First Reading - Approve Ordinance Amending Chapter 23 entitled "TAXATION, ASSESSMENTS AND FEES" to create a new Article VI, entitled "CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT" Explanation of Request: Canals in the City provide needed drainage for properties and access to public waterways that benefit the general public. If canals are not properly maintained, they can be overcome with vegetation that impedes use and access of those canals by adjacent property owners and the public, and could adversely affect the ability of the canals to provide drainage for real properties in the areas of the affected canals. Certain properties adjacent to the canals receive benefits greater than those of the general public through direct access from the real properties that provide routes to public waterways, and direct drainage of those properties into the canals and then the public waterways that provide drainage to real properties. The City has the expertise and ability to provide Canal Maintenance Services for canals within the City in order to ensure that adjacent properties are able to access and use the canals, and drainage from those properties as well as other properties in the area are not adversely affected by canals that are not properly maintained and may be overcome with vegetation. A special assessment ordinance would authorize the City to levy a special assessment to pay for required canal maintenance. The ordinance would not levy the special assessment. Rather, it would authorize it and sets forth the process for levying and collecting it. No special assessment will be levied until the City Commission takes further action to adopt resolutions during a budget adoption process, similar to the fire assessment. How will this affect city programs or services? A special assessment would provide a funding option to charge properties that receive a special benefit from canal maintenance services for the City's costs for such services. Fiscal Impact: This ordinance has no fiscal impact. It does not levy a special assessment; rather, it provides the authority and process for doing so should the City Commission determine to levy a canal maintenance special assessment. Alternatives: Undetermined. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 1279 of 1360 Is this a grant? Grant Amount: Attachments: Type D Oirdiinainc,(.. Description Ordinance airneinding the Code tc..) add Cainal� Maintenance Specia ssessirneint Page 1280 of 1360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE 21 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23 ENTITLED "TAXATION, ASSESSMENTS AND FEES" TO CREATE A NEW ARTICLE VI, ENTITLED "CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT", TO PROVIDE FOR THE LEVY AND COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT RELATED TO CANAL MAINTENANCE SERVICES WITHIN THE CITY OF BOYNTON BEACH; PROVIDING DEFINITIONS AND FINDINGS; AUTHORIZING THE IMPOSITION AND COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF THE CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT ROLL AND FOR CORRECTING ERRORS AND OMISSIONS; PROVIDING THAT CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT ROLL; ESTABLISHING PROCEDURES AND METHODS FOR THE COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT; ESTABLISHING THE PRIORITY OF THE LIEN OVER PRIOR RECORDED LIENS OR MORTGAGES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, canals in the City provide needed drainage for properties and access to public waterways that benefit the general public; and, WHEREAS, certain properties adjacent to the canals receive benefits greater than those of the general public through direct access from the real properties that provide routes to public waterways, and direct drainage of those properties into the canals and then the public waterways that provide drainage to real properties; and, WHEREAS, if canals are not properly maintained, they can be overcome with vegetation that impedes use and access of those canals by adjacent property owners and the public, and could adversely affect the ability of the canals to provide drainage for real properties in the areas of the affected canals; and, WHEREAS, control of canal aquatic overgrowth aids in controlling downstream obstruction of drainage and diminishing health and safety issues associated with the overgrowth of weeds such as but not limited to the improving water flow to reduce mosquito and vermin infestation; and, WHEREAS, the City has the expertise and ability to provide Canal Maintenance Services for canals within the City in order to ensure that adjacent properties are able to access and use the canals, and drainage from those properties as well as other properties 100436073.4 306-99055521 Page 1 of 18 Page 1281 of 1360 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 in the area are not adversely affected by canals that are not properly maintained and may be overcome with vegetation; and, WHEREAS, the City Commission believes that that it is fair and reasonable that properties that receive benefits of a type or degree different from the benefits to the general public pay the City's costs of providing those Canal Maintenance Services through a valid special assessment; and, WHEREAS, the City Commission finds it in the best interest and the health and safety of the City to adopt this ordinance to authorize Canal Maintenance Special Assessments, and provide for the process of levying and collecting them from Assessed Properties. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and made a specific part of this Ordinance by this reference. Section 2. Chapter 23, entitled "Taxation, Assessments and Fees," is amended to create a new Article VI, entitled "Canal Maintenance Special Assessment," Sections 23- 60 through 23-80, of the City's Code of Ordinances, as follows: SECTION 23-60. DEFINITIONS. When used in this Article. the foil terms shall have the following meanings, unless the context clearly requires otherwise: "Annual Assessment Resolution" means the Resolution described in Section 23- 71 hereof, aproving a Canal Maintenance Services Special Assessment Roll for a specific Ficrnl Vear "Assessed Property" means all parcels of real property included on the Canal Maintenance Services Special Assessment Roll that receive a special benefit from the Canal Maintenance Services identified in an Annual Assessment Resolution. "Canal Maintenance Services" means services provided by the Citv in the Canal Maintenance Services Area, such as de -weeding and similar actions, but not dredging, to prevent the canals from becoming clogged with vegetation, allow for vessel movement, 100436073.4 306-99055521 Page 2 of 18 Page 1282 of 1360 82 eliminate obstruction to the free-flow of storm water runoff_ and reduce health and saf 83 risks associated with the Proliferation of unwanted invasive aquatic vegetation. 84 "Canal Maintenance Services Area" means the area of the City defined in the 85 Initial Assessment Resolution and the Preliminary Assessment Resolution that receive 86 Canal Maintenance Services 87 88 89 90 91 92 93 "Canal Maintenance Services Special Assessment" means a special assessment imposed by the City upon Assessed Properties within the City to fund the City's provision of Canal Maintenance Services that benefit such properties. "Canal Maintenance Services Sbecial Assessment Roll" means the roll created that includes all parcels within the City and their assigned Canal Maintenance Services Special Assessment relating to Canal Maintenance Services approved by a Final Assessment Resolution or an Annual Assessment Resolution pursuant to Sections 23-69 and 23-71 94 hereof. 95 "Canal Maintenance Services Cost" means the estimated amount for any Fiscal 96 Year of all expenditures and reasonable reserves that are properly attributable to the Canal 97 Maintenance Services Assessed Properties within the City under _ generally accepted 98 accounting_ principles, including, without limiting_the generality of the foregoing, 99 reimbursement to the City for any moneys advanced for the Canal Maintenance Services, 100 and costs associated with levying the he special assessment, including, but not limited to, 101 legal and administrative fees, and charges for services provided by the Palm Beach County 102 Property Appraiser and Palm Beach County. 103 "City" means City of Boynton Beach, Florida. 104 "City Manager"' means the City Manager of the City, or such person's designee. 105 "City Commission" means the City Commission for the City. 100436073.4 306-99055521 Page 3 of 18 Page 1283 of 1360 106 "Clerk" means the Citv Clerk_ or such other 107 act on such Person's behalf. as may be dulv authorized to 108 "Final Assessment Resolution" means the Resolution described in Section 23-69 109 hereof, which shall confirm, modify, or repeal the Initial Assessment Resolution and 110 which shall be the final proceeding for the imposition of the initial Canal Maintenance 111 Services Special Assessment. 112 "Fiscal Year" means the period commencing on October 1 of each year and 113 continuing_through the next succeeding September 30, or such other period as maythrough the next succeeding September 30, or such other period as may be 114 prescribed by law as the fiscal year for the City. 115 "Initial Assessment Resolution" means the Resolution described in Section 23-65 116 hereof, which shall be the initial proceeding for the imposition of the Canal Maintenance 117 Services Special Assessment. 118 "Ordinance" means this Canal Maintenance Services Special Assessment 119 Ordinance as amended from time to time, codified as Chapter 23, Article VI of the City's 120 Code of Ordinances. 121 "Preliminary Assessment Resolution" means the Resolution described in Section 122 23-70 hereof, which sets forth the preliminary assessment rates for the upcoming fiscal iscal 123 year, establishes the public hearing, and other related matters. 124 "Property Appraiser" means the Palm Beach County Property Appraiser. 125 "Tax Collector" means the Tax Collector of Palm Beach County. 126 "Tax Roll" means the real property ad valorem tax assessment roll maintained 127 the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. 128 "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, 129 Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem 100436073.4 306-99055521 Page 4 of 18 Page 1284 of 1360 130 assessments on the same bill as ad valorem taxes_ and anv abblicable regulations 131 promulgated thereunder. 132 SECTION 23-61. INTERPRETATION. Unless the context indicates 133 otherwise, words importing the singular number include the Plural number and vice versa, 134 the terms "hereof" "hereby" "herein." "hereto." "hereunder" and similar terms refer to 135 this Ordinance, and the term "hereafter" means after, and the term "heretofore" means 136 before, the effective date of this Ordinance. Words of any gender include the correlative 137 words of the other genders, unless the context indicates otherwise. 138 SECTION 23-62. GENERAL FINDINGS. It is herebv as 139 determined, and declared that: 140 (A) Pursuant to Article VIII, Section 2(b), Florida Constitution, and Sections 141 166.021 and 166.041, Florida Statutes, the City has all powers of local self-government to 142 perform municipal functions and render municipal services except when prohibited by 143 law, and such power may be exercised by the enactment of legislation in the form of City 144 ordinances. 145 (B) The City Commission may exercise any governmental, corporate, or 146 proprietary_ power for a municipal purpose except when expressly prohibited by law, and 147 the City Commission may legislate on any subject matter on which the Florida Legislature 148 may act, except those subjects described in (a), (b), (c), and (d) of Section 166.021(3), 149 Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of Section 150 166.021(3)_ Florida Statutes. are not relevant to the imbosition of Canal Maintenance 151 Services Special Assessments by the City. 152 (C) The purpose of this Ordinance is to (1) provide procedures and standards 153 for the imposition of Canal Maintenance Services Special Assessments under the 100436073.4 306-99055521 Page 5 of 18 Page 1285 of 1360 154 constitutional and statutory power of the City; (2) authorize a Procedure for the funding 155 of Canal Maintenance Services Provided to Assessed Properties within the City, and (3) 156 legislatively determine the special benefit provided to Assessed Properties from the Canal 157 Maintenance Services. 158 SECTION 23-63. LEGISLATIVE DECLARATIONS OF SPECIAL 159 BENEFIT. It is hereby ascertained and declared that the Canal Maintenance Services 160 provide a special benefit to the Assessed Property based upon the following legislative 161 determinations: 162 (A) The recipients of the City's canal maintenance program will enjoy 163 protection and enhancement of public health and safety by the provision of reliable and 164 effective canal maintenance services, and enrichment of property value and minimization 165 of potential liability attendant with the use of the Assessed Property_ 166 (B) The special benefits received by Assessed Property include: 167 1. the removal and disposal of weeds and other growths in the canals 168 adjacent to the Assessed Properties which, if allowed to proliferate creates downstream 169 obstruction of drainage and health and safety issues associated with the overgrowth of 170 weeds _ such as. but not limited to the increase of mosauitos and vermin: 171 2. the prevention of canals from becoming_clogged with vegetation, 172 allowing for vessel movement, 173 3. eliminating obstructions to the free-flow of storm water runoff, and 174 reduciniz health and safetv risks associated with the proliferation of unwanted invasive 175 aquatic vegetation, 176 4. potential reduction in vermin and dangerous wildlife that may 177 otherwise be present in unmaintained canals, 100436073.4 306-99055521 Page 6 of 18 Page 1286 of 1360 178 all of which, while incidentally benefitting g the Public, Provides benefits different in type 179 and degree from benefits Provided to the community as a whole and ensures that use of 180 the Assessed Properties are not adversely affected by unmaintained canals 181 SECTION 23-64. CANAL MAINTENANCE SERVICES ASSESSMENTS. 182 (A) The City Commission is hereby authorized to impose Canal Maintenance 183 Services Special Assessments against Assessed Property located within the City. The 184 Canal Maintenance Services Cost may be assessed against Assessed Properties within the 185 Canal Maintenance Services Area(s) at a rate of assessment based upon the special benefit 186 accruing to such property from the Canal Maintenance Services provided by the City. 187 SECTION 23-65. INITIAL ASSESSMENT RESOLUTION. The initial 188 proceeding for imposition of the Canal Maintenance Services Special Assessments shall 189 be the City Commission's adoption of an Initial Assessment Resolution. The Initial 190 Assessment Resolution shall (A) describe the Canal Maintenance Services brobosed for 191 funding from the proceeds of the Canal Maintenance Services Special Assessments, (B) 192 estimate the Canal Maintenance Services Cost, (C) describe the proposed method of 193 apportioning the Canal Maintenance Services Cost among the Assessed Properties, as 194 applicable, such that the owner of any parcel of property can objectively determine the 195 amount of the Canal Maintenance Services Special Assessments upon the Assessed 196 Property; and (D) include specific legislative findings that recognize the eduily provided 197 by the apportionment methodology and specific legislative findings that recognize the 198 sbecial benefit brovided by the Canal Maintenance Services. 199 SECTION 23-66. CANAL MAINTENANCE SERVICES SPECIAL 200 ASSESSMENT ROLL 100436073.4 306-99055521 Page 7 of 18 Page 1287 of 1360 201 (A) The City Manager shall Prepare, or direct the Preparation of, a prelimingy 202 Canal Maintenance Services Special Assessment Roll that contains the following 203 information: 204 (1) a summary description of each parcel of property (conforming to the 205 describtion contained on the Tax Roll) subiect to the Canal Maintenance Services Sbecial 206 Assessment, 207 208 209 and (2) the name of the owner of record of each parcel as shown on the Tax Roll, the estimated Canal Maintenance Services Sbecial Assessment to become 210 due in the Fiscal Year. 211 (B) Copies of the Initial Assessment Resolution and the preliminary Canal 212 Maintenance Services Special Assessment Roll shall be on file in the office of the City 213 Clerk and open to public inspection. The foregoing shall not be construed to require that 214 the Canal Maintenance Services Special Assessment Roll be in printed form if the amount 215 of the Canal Maintenance Services Special Assessment for each parcel of property can be 216 determined by use of a computer terminal available for use by the public. 217 SECTION 23-67. NOTICE BY PUBLICATION. The Citv Manager shall 218 cause to be published once in a newspaper of general circulation within the City a notice 219 stating that a public hearing of the City Commission will be held on a certain day and 220 hour, not earlier than twenty (20) calendar days from such publication, at which hearing 221 the Citv Commission will receive written comments and hear testimonv from all interested 222 persons regarding _ adoption of the Final Assessment Resolution in the initial year and 223 Annual Assessment Resolution in subsequent years, and approval of the Canal 224 Maintenance Services Special Assessment Roll. Notwithstanding that the City may use a 100436073.4 306-99055521 Page 8 of 18 Page 1288 of 1360 225 different collection Procedure in any fiscal year, the Published notice shall conform to the 226 requirements set forth in the Uniform Assessment Collection Act for Purposes of the Canal 227 Maintenance Services Special Assessment. 228 SECTION 23-68 NOTICE BY MAIL. In addition to the published notice 229 required by Section 23-67, the City Manager shall cause to be provided notice of the 230 proposed Canal Maintenance Services Special Assessments to the owner of each parcel of 231 property subject to the Canal Maintenance Services Special Assessments. The form of 232 such notice shall conform to the requirements set forth in the Uniform Assessment 233 Collection Act, notwithstanding that the City may use a different collection procedure in 234 any fiscal year. The notice shall be mailed by first class mail at least twenty (20) calendar 235 days prior to the hearing to each property owner, at such address as is shown on the Tax 236 Roll at the time the notices are prepared for mailing. Notice shall be deemed mailed upon 237 delivery thereof to the bossession of the U.S. Postal Service. Should the Citv utilize the 238 Uniform Assessment Collection Act, it may provide notice by use of the Annual Truth in 239 Millage Notice when such is permitted by the Act. Failure of the owner to receive such 240 notice due to mistake or inadvertence shall not affect the validity of the Canal Maintenance 241 Services Special Assessment Roll nor release or dischargeany anyany obligation for the payment 242 of a Canal Maintenance Services Special Assessment imposed by the City Commission 243 pursuant to this Ordinance. 244 SECTION 23-69. FINAL ASSESSMENT RESOLUTION. In the initial year 245 of the Canal Maintenance Services Special Assessment, at the time named in such notice, 246 or such time to which an adjournment or continuance may be taken, the City Commission 247 shall receive written objections and hear testimony of interested persons and may then, or 248 at any subsequent meeting of the City Commission, adopt the Final Assessment 100436073.4 306-99055521 Page 9 of 18 Page 1289 of 1360 249 Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution 250 with such amendments, if any, as may be deemed appropriate by the City Commission, 251 (B) approve the Canal Maintenance Services Special Assessment Roll, with such 252 amendments as it deems just and right, and (C) determine the method of collection. All 253 objections to adoption of the Final Assessment Resolution shall be made in writing_ and 254 filed with the Clerk at or before the time or adjourned time of such hearing. 255 SECTION 23-70. PRELIMINARY RATE RESOLUTION. Prior to the adoption 256 of the Annual Assessment Resolution pursuant to Section 23-71 herein, the City 257 Commission shall adopt a Preliminary Assessment Resolution, which shall include 258 without limitation: 259 (A) A brief description of the Canal Maintenance Services to be provided by 260 the Ci 261 (B) The amount of the cost of providiniz Canal Maintenance Services to be 262 assessed upon specially benefited properties within the City; 263 (C) Setting forth the date, time and location for the City Commission to 264 consider public comments on the adoption of the Annual Assessment Rate Resolution, 265 (D) Directing the City Manager to update the Assessment Roll, and, 266 (E) Directing the requisite notice be provided to affected property owners for 267 a public hearing _ to o adopt the Annual Assessment Resolution. 268 SECTION 23-71. ANNUAL ASSESSMENT RESOLUTION. During its 269 budget adoption process, the City Commission shall adopt an Annual Assessment 270 Resolution for each Fiscal Year following adoption of the Final Assessment Resolution. 271 The Final Assessment Resolution shall constitute the Annual Assessment Resolution for 272 the initial Fiscal Year. The Annual Assessment Resolution shall approve the Canal 100436073.4 306-99055521 Page 10 of 18 Page 1290 of 1360 273 Maintenance Services Special Assessment Roll for such Fiscal Year. The Canal 274 Maintenance Services Special Assessment Roll shall be Prepared in accordance with the 275 Preliminary Rate Resolution, as confirmed or amended by the Annual Assessment 276 Resolution. The City shall provide notice to the owner of such property in accordance with 277 Sections 23-67 and 23-68 hereof and conduct a public hearing prior to adoption of the 278 Annual Assessment Resolution, provided that should the City use the Uniform 279 Assessment Collection Act, a public hearing is necessary only when such is required under 280 the Act. Failure to adopt an Annual Assessment Resolution during the budget adoption 281 brocess for a Fiscal Year may be cured at anv time. 282 SECTION 23-72. EFFECT OF FINAL OR ANNUAL ASSESSMENT 283 RESOLUTIONS. The adoption of the Final Assessment Resolution or Annual Assessment 284 Resolution shall be the final adjudication of the issues presented (including, but not limited 285 to, the apportionment methodology, the rate of assessment, the adoption of the Canal 286 Maintenance Services Special Assessment Roll and the levy and lien of the Canal 287 Maintenance Services Special Assessments), unless proper steps are initiated in a court of 288 competent jurisdiction to secure relief within twenty (20) days from the date of City 289 Commission adobtion of the Final Assessment Resolution or Annual Assessment 290 Resolution. The Canal Maintenance Services Special Assessments for each Fiscal Year 291 shall be established upon adoption of the Final Assessment Resolution or Annual 292 Assessment Resolution. The Canal Maintenance Services Special Assessment Roll, as 293 abbroved by the Final Assessment Resolution or Annual Assessment Resolution shall be 294 delivered to the Tax Collector or such other official as the City Commission, by 295 Resolution, deems appropriate. 100436073.4 306-99055521 Page 11 of 18 Page 1291 of 1360 296 SECTION 23-73. LIEN OF CANAL MAINTENANCE SERVICES 297 SPECIAL ASSESSMENTS. 298 (A) Upon adoption of the Final Assessment Resolution or Annual Assessment 299 Resolution for each Fiscal Year, the Canal Maintenance Services Special Assessment to 300 be collected under the Uniform Assessment Collection Act shall constitute a lien 301 Assessed Property equal in rank and dignity with the liens of all state, county, district, or 302 municipal taxes and other non -ad valorem assessments. Except as otherwise provided by 303 law, such lien shall be superior in dignity to all other prior liens, titles and claims, until 304 paid. The lien shall be deemed perfected upon adoption by the City Commission of the 305 Final Assessment Resolution or Annual Assessment Resolution and shall attach to the 306 property included on the Canal Maintenance Services Special Assessment Roll as of the 307 prior January 1, the lien date for ad valorem taxes. 308 (B) For Canal Maintenance Services Special Assessments to be collected under 309 the alternative method of collection provided in Section 23-75, the adoption of the Final 310 Assessment Resolution or Annual Assessment Resolution shall constitute a lien a_ag inst 311 Assessed Property equal in rank and dignity with the liens of all state, county, district or 312 municipal taxes and other non -ad valorem assessments. Except as otherwise provided by 313 law, such lien shall be superior in dignity to all other prior liens, titles and claims, until 314 paid. The lien shall be deemed perfected on the date notice thereof is recorded in the 315 Official Records of Palm Beach County, Florida. 100436073.4 306-99055521 Page 12 of 18 Page 1292 of 1360 316 SECTION 23-74. METHOD OF COLLECTION OF CANAL 317 MAINTENANCE SERVICES SPECIAL ASSESSMENTS. Unless directed otherwise by 318 the City Commission, the Canal Maintenance Services Special Assessment shall be 319 collected pursuant to the Uniform Assessment Collection Act, and the City shall comply 320 with all applicable provisions thereof. Any hearing or notice required by this Ordinance 321 may be combined with any other hearing or notice required by the Uniform Assessment 322 Collection Act. 323 SECTION 23-75. ALTERNATIVE METHOD OF COLLECTION OF THE 324 CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT. In lieu of using the 325 Uniform Assessment Collection Act, the City may elect to collect the Canal Maintenance 326 Services Special Assessment by any other method which is authorized by law or under an 327 alternative collection method provided by this Section. For Canal Maintenance Services 328 Special Assessments collected by the City by alternative method pursuant to this Section: 329 (A) The City shall have the right to record a lien for unpaid assessments 330 collected pursuant to this Section in the public records of Palm Beach County, Florida. 331 (B) The City shall have the right _ to appoint or retain an agent to foreclose and 332 collect all delinauent Canal Maintenance Services Special Assessments in the manner 333 provided by law. A Canal Maintenance Services Special Assessment collected pursuant 334 to this Section shall become delinquent if it is not paid within thirty (30) days from the 335 date any payment is due. In the event the City exercises its rights to foreclose and collect 336 a delinquent Canal Maintenance Services Special Assessment, the City or its agent shall 337 notify any property owner who is delinquent in payment of his or her Canal Maintenance 338 Services Special Assessment within sixty (60) days from the date the Canal Maintenance 339 Services Special Assessment was due. Such notice shall state in effect that the City or its 100436073.4 306-99055521 Page 13 of 18 Page 1293 of 1360 340 agent will initiate a foreclosure action and cause the foreclosure of such property subject 341 to a delinquent Canal Maintenance Services Special Assessment in a method now or 342 hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as 343 provided by law. 344 (C) All costs, fees and expenses, including reasonable attorney fees and title 345 search expenses related to any foreclosure action as described herein shall be included in 346 any judgment or decree rendered therein. At the sale pursuant to decree in any such action, 347 the City may be the purchaser to the same extent as an individual person or corporation. 348 All delinquent property owners whose property is foreclosed shall be liable for an 349 apportioned amount of reasonable costs and expenses incurred by the City and its agents, 350 including reasonable attorney fees, in collection of such delinquent Canal Maintenance 351 Services Special Assessments and any other costs incurred by the City as a result of such 352 delinquent Canal Maintenance Services Special Assessments including, but not limited to, 353 costs paid for draws on a credit facility and the same shall be collectible as a part of or in 354 addition to, the costs of the action. 355 (D) In lieu of foreclosure, any delinquent Canal Maintenance Services Special 356 Assessment and costs, fees, and expenses attributable thereto, may be rolled into the Canal 357 Maintenance Special Assessment for such parcel in a subsequent fiscal year. 358 (E) In lieu of foreclosure, any delinquent Canal Maintenance Services Special 359 Assessment and the costs, fees and expenses attributable thereto, may be collected 360 pursuant to the Uniform Assessment Collection Act, provided however, that (1) notice is 361 provided to the owner in the manner required by law and this Ordinance, and (2) any 362 existing lien of record on the affected parcel for the delinquent Canal Maintenance 100436073.4 306-99055521 Page 14 of 18 Page 1294 of 1360 363 Services Special Assessment is suplanted by the lien resulting from certification of the 364 Canal Maintenance Services Special Assessment Roll to the Tax Collector. 365 SECTION 23-76. REVISIONS TO CANAL MAINTENANCE SERVICES 366 SPECIAL ASSESSMENTS. If any Canal Maintenance Services Special Assessment 367 made under the Drovisions of this Ordinance is either in whole or in Dart annulled. vacated 368 or set aside by the judgment of any court, or if the City Commission is satisfied that any 369 such Canal Maintenance Services Special Assessment is so irregular or defective that the 370 same cannot be enforced or collected, or if the City Commission has failed to include any 371 DroDerty on the Canal Maintenance Services Special Assessment Roll that should have 372 been so included, the City Commission may take all necessary steps to impose a new 373 Canal Maintenance Services Special Assessment against any such property, following as 374 nearly as may be practicable the provisions of this Ordinance and in case such second 375 Canal Maintenance Services Special Assessment is annulled. the Citv Commission 376 obtain and impose other Canal Maintenance Services Special Assessments until a valid 377 Canal Maintenance Services Special Assessment is imposed. 378 SECTION 23-77. PROCEDURAL IRREGULARITIES. Any irre_ug larity in 379 the proceedings in connection with the levy of any Canal Maintenance Services Special 380 Assessment under the provisions of this Ordinance shall not affect the validity of the same 381 after the approval thereof, and any Canal Maintenance Services Special Assessment as 382 finally approved shall be competent and sufficient evidence that such Canal Maintenance 383 Services Special Assessment was duly levied. that the Canal Maintenance Services Special 384 Assessment was duly made and adopted, and that all other proceedings adequate to such 385 Canal Maintenance Services Special Assessment were duly had, taken and performed as 386 required by this Ordinance, and no variance from the directions hereunder shall be held 100436073.4 306-99055521 Page 15 of 18 Page 1295 of 1360 387 material unless it be clearly shown that the Party objecting was materially injured thereby_ 388 Notwithstanding_the provisions of this Section, any partythe Provisions of this Section, any Party objecting to a Canal 389 Maintenance Services Special Assessment imposed Pursuant to this Ordinance must file 390 an objection with a court of competent jurisdiction within the time periods prescribed in 391 Section 23-72 of this Ordinance. 392 SECTION 23-78. CORRECTION OF ERRORS AND OMISSIONS. 393 (A) No act of error or omission on the part of the City Commission, City 394 Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies, 395 employees or designees, shall operate to release or dischargeany anyany obligation for payment 396 of any Canal Maintenance Services Special Assessment imposed by the City Commission 397 under the provisions of this Ordinance. 398 (B) The assessment amount on any Assessed Property may be corrected at any 399 time by the City Manager when an error is confirmed. Any such correction which reduces 400 a Canal Maintenance Services Special Assessment shall be considered valid from the date 401 on which the Canal Maintenance Services Special Assessment was imposed and shall in 402 no way affect the enforcement of the Canal Maintenance Services Special Assessment 403 imbosed under the brovisions of this Ordinance. Anv such correction which increases a 404 Canal Maintenance Services Special Assessment, or imposes a Canal Maintenance 405 Services Special Assessment on omitted property, shall first require notice to the affected 406 owner in the manner described in Section 23-68 hereof, providing the date, time and place 407 that the City Commission will consider confirming the correction and offering the owner 408 an opportunity to be heard. 409 (C) After the Canal Maintenance Services Special Assessment Roll has been 410 delivered to the Tax Collector, any changes, modifications or corrections thereto shall be 100436073.4 306-99055521 Page 16 of 18 Page 1296 of 1360 411 made in accordance with the procedures applicable to errors and insolvencies for ad 412 valorem taxes. 413 SECTION 23-79. APPLICABILITY. This Ordinance and the City's authority 414 to impose the Canal Maintenance Services Special Assessment pursuant hereto shall be 415 applicable within Canal Maintenance Services Areas throughout the City. 416 SECTION 23-80. ALTERNATIVE METHOD. This Ordinance shall be 417 deemed to provide an additional and alternative method for the completing the tasks set 418 forth herein, and shall be regarded as supplemental and additional to powers conferred by 419 other laws, and shall not be regarded as in derogation of any powers now existing or which 420 may hereafter come into existence. This Ordinance, being necessary for the welfare of the 421 inhabitants of the City, shall be liberally construed to effect the purposes hereof. 422 Section 3. Codification. It is the intention of the City Commission that the 423 provisions of this Ordinance shall become a part of the City's Code of Ordinances, as 424 amended. The provisions of this Ordinance may be renumbered or re -lettered and the word 425 "ordinance" may be changed to "section," "article" or other appropriate word to 426 accomplish such intention. 427 Section 4. Severability. The provisions of this Ordinance are severable, and if 428 any section, subsection, sentence, clause or provision is held invalid by any court of 429 competent jurisdiction, the remaining provisions of this Ordinance shall not be affected 430 thereby. 431 Section 5. Conflicts. All ordinances or parts of ordinances, resolutions or parts of 432 resolutions, in conflict herewith are hereby repealed to the extent of such conflict. 433 Section 6. Effective Date: This Ordinance shall become effective 434 immediately upon adoption. 100436073.4 306-99055521 Page 17 of 18 Page 1297 of 1360 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 FIRST READING this day of April, 2021. SECOND, FINAL READING AND PASSAGE this day of .2021. ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) 100436073.4 306-99055521 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus Page 18 of 18 VOTE YES NO Page 1298 of 1360 12.B. Legal 4/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-12 - First Reading - Approve ordinance amending Chapter 15, "Offenses -Miscellaneous" of the Code of Ordinances, by creating a new article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance." Explanation of Request: Following discussion at the November 17, 2020 and January 19, 2021 City Commission meetings, the Commission directed staff to bring back a Polystyrene Foam Waste Reduction Ordinance for consideration. How will this affect city programs or services? This ordinance, if passed, will entail the following changes to City programs and services: • Modification to City contracts, leases, special event permits, and concession agreements to prohibit the use and distribution of polystyrene foam food ware and unencapsulated polystyrene foam products (e.g., coolers, ice chests, pool or beach toys) by City contractors and temporary vendors in City facilities and on City property; and the use of balloons and confetti in outdoor areas of City property. • Development of a voluntary pledge for facility rental agreements to discourage the use of polystyrene foam food ware and unencapsulated polystyrene foam products from all City property and facilities; and the use of balloons and confetti from outdoor City facilities. I ndividuals who take the pledge will receive discounted facility rental rates. • A public education and outreach campaign for at least 12 months to inform affected persons/entities and to assist with identifying alternatives to polystyrene foam food ware and other banned items. • Enforcement of the prohibition after a 12 -month educational period. Fiscal Impact: Non -budgeted Requiring City contractors and temporary vendors to use alternative products is not expected to have a direct impact on the City's budget. Any additional costs to residents who rent City facilities can be offset through discounted facility rental fees. Staff will work with stakeholders to identify economical alternatives to polystyrene foam products. Alternatives: Not consider the proposed ordinance. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable city Climate Action Application: 2020 Climate Action Plan: Strategy G-3.1: Green Office Practices Page 1299 of 1360 Strategy C-3.11: Waste Reduction & Recycling Strategy C-3.2: Sustainable Lifestyle & Consumption Co -Benefits: Ecosystem Protection, Public Health, Economic Development Is this a grant? No Grant Amount: Attachments: Type D Oirdiinainc,(�. D Otheir D Attachirneint Description Floystyireine Oirdiinaince 1st lReading Floystyireine Ordinance Presentation Flass on Rastics IDiraft F::]Yeir Page 1300 of 1360 I ORDINANCE NO. 21 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART IL "CODE OF ORDINANCES," CHAPTER 15, 5 "OFFENSES -MISCELLANEOUS," BY CREATING A NEW ARTICLE 6 XIV, ENTITLED "POLYSTYRENE FOAM WASTE REDUCTION 7 ORDINANCE"; PROHIBITING THE USE AND DISTRIBUTION OF 8 POLYSTYRENE FOAM FOOD WARE, UNENCAPSULATED 9 POLYSTYRENE FOAM PRODUCTS, BALLOONS, AND CONFETTI ON 10 CITY PROPERTY; PROVIDING FOR DEFINITIONS, CODIFICATION, 11 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE 12 13 WHEREAS, the City of Boynton Beach has a duty to protect the natural environment, the 14 economy, and the health of its citizens; and 15 16 WHEREAS, the City's 2020 Climate Action Plan identifies waste reduction as a key 17 strategy to help make Boynton Beach a regional and national leader in sustainability; and 18 19 WHEREAS, polystyrene foam, a petroleum-based plastic material often incorrectly 20 referred to as "styrofoam," is an environmental pollutant that is commonly used for packaging and 21 as food service ware in the City; and 22 23 WHEREAS, due to the physical properties of polystyrene foam, the U.S. Environmental 24 Protection Agency states that "such materials can have serious impacts upon human health, 25 wildlife, and aquatic environment, and the economy"; and ►z: 27 WHEREAS, polystyrene foam is difficult or impossible to recycle, as it is easily 28 contaminated and difficult to sort, and is not compostable; and 29 30 WHEREAS, polystyrene foam is commonly littered or blown out of trash receptacles and 31 migrates to the storm drain system and eventually to the ocean and beaches; and 32 33 WHEREAS, polystyrene foam breaks down in the marine environment into smaller 34 pieces, which are non -biodegradable and which negatively impact water quality and harm marine 35 life that often mistake pieces of polystyrene for food; and 36 37 WHEREAS, balloons and confetti are also common forms or plastic litter that contribute 38 to marine debris, harming sea turtles and other wildlife that commonly mistake them for food; and 39 40 WHEREAS, due to these concerns, more than 20 municipalities in Florida have enacted 41 ordinances banning or restricting the sale and/or use of polystyrene foam and/or other single -use 42 plastic products; and 43 44 WHEREAS, Florida Statute 500.90 preempts cities from regulating polystyrene citywide, 45 but does not limit a city's authority to prohibit its use by individuals on city property, temporary 46 vendors on city property, or entities engaged in a contractual relationship with the city; and 47 Page 1301 of 1360 48 WHEREAS, restricting the use of polystyrene foam and other plastic products will protect 49 the health and safety of the City's residents, as well as its natural environment, beaches, waterways, 50 and wildlife. 51 52 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 53 CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 54 55 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 56 true and correct and are hereby made a part of this Ordinance. 57 58 Section 2. Part II, Chapter 15, "Offenses -Miscellaneous," is hereby amended by creating 59 a new Article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance," to read as follows: 60 61 Chapter 15 Offenses -Miscellaneous 62 Anticle... 11 Polys„l. retie Foam Waste .Redtucti(.»n (..Ardinnannce.. 63 64 (q PnrL)()sc. The (7itw (yypn t 1!� 11e40,.! leas , dj.q tc )rotect tine neat; ral ennviro nmennt. the 65 e,c,onot;y ani,,, the hlth �»f its resndents., f l�e....h�.na�ose �>filnis Article ist.o re n.n.latetlne ninetcl. 66 d.istnnq�a. morn of Pol st renne foam annd Queer sine ale a;use elastic :roa�nu� is g n Cit, )r( erty inn order 67 'to lead,,,b exanple��rotect, the health of 11�>ynt.on Beach residents; and promote si.nstainable 68 practnces wnthnn the (�"nty.. 69 70 s shall leave the 71 following meanings: ....... 72 �,1. "g3alloon" rnnearns a tqe ible rnonn orous bay rnnade from materials such as rubber. latex. 73 foil. rnetn.l,...h�> chl�>r�> gene. M lan. �>r l�>n fabric ilnat, can be inflated or filled with air. 74 wate,;A off, yen.. 75 "CntyFacility” m.�arns a; building . structure. or vek isle owrned or o. erated by the (ity,. 76t 1�ynt, Propty" means arn� larnd owrned or rnnarnaed by tie C" 77 1� ""nt.� (�"�>ntnact.�>r" n�ea.ns a c�>ntnact.�>r. vend�>r. lessee. licensee;�r�>granmm�nhantner. �>r 78 ides services to or at.. or widertakes 79 constn... tiot nn a (,"n t: f^'acnlnt: �>r �» (�"n t: ][�r�> pert: �>r an �> �erat.�>r �>r manager of a ('it. 80 f a� nlu„t.� �>f City Prolnerty, 81 5 "C"o��lettl" meas small�ieces �>r stnean�ers �>f�lastic.�a�er. m lan. �>r metallic material 82 that a;ne thrown or scattered dnuritig festive oc Casio is,,;;, 83 0)-11 P-0-1 ;st, rune Foarnn” rnnearns blowrn . of st„ ranee arnd e . arnded and extruded foarnns which 84 Anne ttyocemnc;l matynals nu;tnlncnng a styrene mo» homer and l�r�>cessed by 85 ftn.sion of ,ol mer s,heres 86 (wed�andable bead��>l st: rene . in'ecti�>n m�>ldin. f�>an� m�>ldin. and extnn.n.sioti blown 87 m o I d i �enerall ttsed t.o make ctn S. 88 l��>wls.A flat s to m., clang shell c o» ntant ens n eat mays, ang cart�>nns. and is c�>mm�»nl 89 kri often en c Dynan try referred t�> as "styrolo Page 1302 of 1360 90 91 that are desi(med for one-tirne t..�se For servitj,�� or dis,trikItim4 food or drink. 92 93 94 95to I E�.�Vi 96 i 97Fa i 98 99 or encased within a 100 101 ice chests RL)ol toys. and beachto s. 102 103 104 105 rovide Food in, or offerthe 106 1U7 108 se 109 110 111 or Con Feat in any 112 d into all con'tracts leases 113 s ...... ...... a t] d c ol] c e s s i o ag ernents entered into or renewed afterthe effective date of 114 115 116 117 revocation 118 shall not aj) Av 119 120 Contractor or Term, oja� )Fraw 121 122 123 effective date ofthis section or ati.y tg 124 date ofthis section which shall not. be su . b ecttothe rec tjirernents ofthis section. 125 tni les , 'i Cit. Contractor or Tern 126 with 127 128 129 P el 130 re or LJnencat)stflated Pnix-tyl-p- 131 132 Page 1303 of 1360 133 ted into true C i ty, " .. ......... sfa c ...... ........... ; iJ Jt . .............. yj�nai 134c i e s a.Ld ate„ after the effective . .... . .... ... .... ..... .... 135 d........a.......t....e ......o.........F........t....h.........i.....S..... article . .a.......t........d .al.....a.......y i.....t........c........o........r..�') orat reference re liatcewitliall 136 1 �2 itiatices ofthe ("i'!V. . .............................................................................................. ................. 137 138 ent nallies aml h"n i)rccnl� ............................................................................................ . . . 139 t.blic edtwatioti efforts 'to 140 itifon-ti a ffected 1'. etititi e s o Fth e ofthis Article acid to pig ide ........................ .............................................................................. .................................................................................................. 1. E�!2.2!1� ......................................................................................... ........ ........................ .............. .................... 141 assistance with idetiti rohibited ... ................................................................ ............... ............. ..................................... 142 items.. 143(ZLBegitmiti -twelve 2)...mg» 4 is.._1-ticle,the.City s1,1411 gtive date of a ................................................................................................ ..................... ........... ........ ...................... ................ 144 ell r..w iti ublic education....... .. . ... ... . ... c e a ..... .... ..... . 145ola ...... .... . 146 Vetidors st all curretice bast t) .......................... ............................................ 1 ................. hg �2p 4 1'. g�E �1�� .......................................................................................... s a ......... . d... sl.j. 147 a. 1,'irsl violation: Writteti wann ......................................................................................................................................................................................................................... . 148 b. . `ccoml violation: $25 fine. .............................................................................................................................................................................................................. 149 c,, lhirclamlsnhse(p�jj lJolations: $50 fume. ........................................................................................................................................... .......................................................................................................................... 150 d. These ernetit. of at, or shall be iti additioti 'to etiforc hese ........ ...................................................................................................................................................................................................................................................................... ............... ................ y 1��.dy_ 151 ten h e e i ti 4py .................... ... ........ 2P ............... d ............. (J�ty contract.. concession or lease. 152 153 Section 3. That ordinances or parts of ordinances in conflict herewith be and the same 154 are hereby repealed, provided that in the event of a conflict with respect to the administration of 155 the building codes, existing administrative laws or rules of the City shall control. 156 Section 4. Should any section or provision of this Ordinance or any portion thereof be 157 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 158 remainder of this Ordinance. 159 Section 5. Authority is hereby given to codify this Ordinance. 160 Section 6. This Ordinance shall become effective immediately. 161 FIRST READING this — day of April, 2021 162 SECOND, FINAL READING AND PASSAGE this 163 164 165 Mayor — Steven B. Grant 166 167 Vice -Mayor — Ty Penserga 168 169 Commissioner — Justin Katz 4 day of _, 2021. YES NO Page 1304 of 1360 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus 5 VOTE Page 1305 of 1360 r„ r r rzxou0 LLI f%////////////2 "pis%4444 OU fZ V N N .E O r4 -J, V W ca 0 O m O M O O M N co d 0 0 .r- V) V) Q) Vlo�� E O N •� C) 0 N Q) 4-j RS C- Jf an 0 V ............. LL-r�q 0 E LL- M 0 co O Iaoo// f c co a /fir r its/� /„1 ,/ a-' / O / a �aaaaaie ryiiaim, j /rrrrrrrrrrrr r r Ji0000ir /i/rrr ,, ,rrr1 r V) W 4—% U Li 4-J� U .-J L 0- O CL 4-J U E O 4- 4-J O CL N U cn i O c ro 4—% O U V) E U O 0 E ro O -1-J N moi'► 4-J O CL CL V) 4—% U O L- n n E ro O 4- c O L N cn O '--J O O �O ro U V) O V)-0 ro U cn c: d -J N :D U 4—% ^- W n O L- CL CL 4-J� U 4- 0 ro a O O E O L- 4- _0 (U 4- - 4-J Irk, O L- CL CL 0 M O 0) O M co a 0 M O 0 M N co d N 4-1 U ' ro O .-J a �aaaaaie `—J n 1 O U U 0O O ' C: J O 0 U O v v err •— N > O ,rrr •� O 4 -JO O V W (o ;r0000000ir/G po L- C: on -0 `-J • n O > 4--J L- U -,Ile. U o . :3 G > O O O O „1 O C E O(10 O `'- p Q� > U ' .. O � 4-> J .� _. ro� tDNA O '� - j,,,,,,,; on 0 U O G 4--J ro O �' 4--J Lu N cin '� 4--1�- C: (U > 4— N p m dd E O 1—.�, O -0 on C: C: � • ,,,1 O O N :^, .-J ro CL Qu U (U U 1 �[ UU �+— -� U U _, CL O .. IA `'- O O fZ O 0 w ri o� Rs LL. U ,,,,,,,, 0 M O 0 M N co d a �aaaaaie �avavaarf; a0000000� �avavav; „aiczi;icaica Ji0000ir Ji0000ir 1m c O N 0. w w N N 0. V) ^E W 4--% .I— E m O 4^^-,, ^W W L- 4 --J V) O 0- LV, ro U- E W 4--% .I— E ro O 4— ^c W L- 4 --J O^ 0- O d—J O L .O CL 4—J 4—J 4— O U ro G/1 0 4--% O ^� W ro Ln O O L- n n 4-J on .I- C: N O M O M N O) co d ///iiii) om-,", / m� f / � J/� n/nnnnn� /l /� �io� fff /'iia./ � � III Hlllllllllllllll =d a r M r a o ° —V° c o ° 'b > E u o b = s N o 0 `u °o s 0-0 y m .a E a (0 a o a y> d o a 0 a O S ), + + d ^ 0 0 '= 3 b a s V O -° b 0 a 'o p U = N y - .L O b d^ 01 'a6 'y _0 0 S ,�, y Q V b 0 ; '_ ma v �- �❑ d a p O d = V vi b .i. 0O y d a y ..0 p 4- a d a s a •o s b❑ -0LOSw b h W rn 60 c d ° a lul = C/7 Ll d _• u- ° bn d so E f NNdy h� o a_0 a=c°yE 3 c S i b d V v. —� m N rn y"p as y ,_•gam O da o ' h N � s° >�`d a d O_ a 0i E = o rn N c o 0 O '+ ate- ° y a d o O s JD � "p=s d V - 0. O m O °- U V a E d 0 u� .t O V a a. -0 ti.. d _ ..p H y OdEa. 0 0 a 0 0 b -a y= O J0 E r- y C d E U O (i 3 V b i h°a a m O=ac .c=Do� -oo' 0 rn d= LL O a a a o'❑o C0— r d 0 3 Q 0, 0rz v a o 'a c a o U d a a. 0c mumm do a �s Eo aysa Yy.d�y_. �ad3y rn = u � u! c d=: 1,0 —u O ob -a O '- d u a B o c o a O o o as a tx-cC4 rn -p oa oa ua O aati C, oma= Qoa= 3 N"c °r m Q. o c o -:Eo c °"aa ti.sa O O a c 9 til % -0 O -0 0. •o a a ; d cmb o W= w a y aa o O O a N p s 0 3 c E 0 7 o a r = H d° ti° i of w b a b N u b j = O a 0. w d � 3 b 0+ 0 .y H a d o O a y d 0 ❑ -- b b° OI E 3 d d p b b b V a 0= 0 O O b y S a u� O — Q O O G. c O E CL y O a CL = 0 Q S p h 6 O y E i a d 0= 0= m 0-0 �" 0 0 --a G p a d O b U c tx a CO ///iiii) om-,", / m� f / � J/� n/nnnnn� /l /� �io� fff /'iia./ � � III Hlllllllllllllll r M r N (0 } )) C! = 0 0 O + + d ^ = o a C= 0 C7 a C d iy s d c �'' `' c 'in Q ❑ E a E b d C �o v LL Z W (JS > lul = C/7 Ll d � ® O Q ° O CL f a o_ o i O U O. ' `c ® a syc ' � O a o o \ - v 0 u� O .,a C U 0 � -Q :, o 11 a 0 0 O O O -O 4 = y C d E U O d y E ro 3 d U u 0 C a d LL O a ❑ V 5 S P 0 3 Q O O 0rz v a x Z i c a o U d a v o mumm d d w O c O -a O '- d u a B o c o a O O --r�; w U W y a ° �° y O De 9 til % ® -Q a ; d cmb o W= w a cy 'moi U. u >1 d d ce 0) d N e/1 -.0 + ca -0 ///iiii) om-,", / m� f / � J/� n/nnnnn� /l /� �io� fff /'iia./ � � III Hlllllllllllllll OP /lk Yi • n %ar �aaaiaae V4—, JJAI 4-1 �avavav; � • � V a0000000 1 4-, O vi avavav; on C:ro „aiczi„icricarf yC:� � V) V V' O 4-+ j cn 4.,' O O 4-' �- IA C C: SCS 1,,,,,,,,, 0 M 0 M M N 0) co d /rar„tee„i Yi a �aaaaaie avavav; ,-J U a0000000r� % f (U r �avamm' � avavav; ,-J O M O M r N co d a0000000r� % f (U r �avamm' � „1 O M O M r N co d (U � „1 N .SCS V) CL U � 4--J SCS O O O O rrr°°1 .�-� p N •^ _. C::3 on O O •� _' O ,�J 4—J 4--J C Ln L Ln 4-J � ro CO N i' C CL Z LL U A A A A A ,,,,,,,, O M O M r N co d If"IC/3) JAL/I 4-J .I- > E EL (U L- - 0 L- W 0 4- (U 4- C:C: V) Y1A •n 4a (U C: C: C: I- 4-J U r) 4-J SCS SCS L- 0 u 4-1 (3) 4-J C: (3) 0 0 --.# u U LLI (3) 4- 4-J 1131 4-J(3) (10 -1 Ln Nc: C: C: 4-J KI./I L- LE _0 _0 C: 0 u 0. ......... C) (D CY) 0 LO CY) co 0- A INK 0 M O M N co a i Paper/Comp©stable Food Ware Recyclable Plastic Food Ware Reusable Food Ware r I i Balloon Alternatives Use your phone's camera app to scan the QR codes for some alternatives to reduce plastic pollution. REFUSE disposable plastic whenever and wherever possible. Choose items that are not packaged in plastic, and carry your own bags, containers and utensils. Say "no straw, please." REDUCE your plastic footprint. Cut down on your consumption of goods that contain excessive plastic packaging and parts. If it will leave behind plastic trash, don't buy it. REUSE durable non-toxic straws utensils to - go containers, bottles, bags, and other everyday items. Choose glass, paper, stainless steel, wood, ceramic and bamboo over plastic. SAY NO TO BALLOONS Falsely -marketed as "biodegradable,"latex balloons contain chemicals & can take years to break down. Balloons can travel thousands of miles, polluting the most remote & pristine places. Once they do, they become a danger to any animal that comes in contact with them. WHY REFUSE PLASTICS? Less than 10 percent of American plastic waste is recycled. The United States ranks third among coastal nations for contributing litter, illegally dumped trash, and other mismanaged waste to its shorelines. BRyi tcn Beoch ni._ r-Yi @. _ hraoI cof SURFRIDER FOUNDATION. PALM BEACH COUNTY Page 1317 of 1360 It's up to us to change the current flow of plastic pollution through advocacy for better product alternatives and switching to a reusables in our every day life. Polystyrene foam, commonly known as "Styrofoam," is a type of plastic manufactured from non-renewable fossil fuels and synthetic chemicals. Polystyrene foam does not biodegrade in our lifetimes. When littered, it breaks down into small pieces, which are harder to clean up. Polystyrene contains the chemical 'styrene" which can harm human health and which may leak out over time, especially if in contact with hot, greasy, or acidic food. Animals can mistake polystyrene foam for food or nesting materials. When ingested it often has fatal consequences. To reduce plastic waste, use reusable plates, cups, and utensils whenever possible. If reusable items are not practical, choose disposable items made of paper, compostable material or recyclable plastic (marked #1 #2, and #5). These products are available at local retailers (such as Publix'Target , Walmart, and BJ's) at prices that are competitive with polystyrene foam. Scan the QR codes on the front of this flyer to find options for your next event. Balloons go up, and they DO come back down—as unsightly litter or worse. Turtles and other animals mistake balloons for food and ingest them causing sickness or death. Mylar balloons, with their thin metallic coating, can be a fire hazard if they get caught up in power lines. It's important to understand that there is no such thing as a "natural" or "biodegradable" balloon. These are plastics that are made with chemical additives, and can last years poisoning our environment. Confetti is often made of plastic, mylar, or metallic material. Confetti is considered a micro - plastic, which is any plastic piece less than five millimeters in length. These tiny plastic pieces can be easily be washed away by rain and end up in rivers and oceans where they pose a threat to wildlife. A 2018 study from Loggerhead Marine Life Center here in Palm Beach County found that among 97 tiny juvenile sea turtles, all but one had micro -plastics in their stomachs—a saddening example of the prevalence of micro -plastics. X 12.C. Legal 4/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-004 - Second Reading - Amend Chapter 26, Article 111, retitling article to "Water Shortage Plan and Year-round Landscape Irrigation Conservation Measures" and adding a new Section 26-46, Year-round landscape irrigation conservation measures. Explanation of Request: On December 1, 2020 City staff received correspondence from the South Florida Water Management District ("the District") requesting that the City implement a Year -Round Irrigation Ordinance. The District is encouraging municipalities to implement a Mandatory Year -Round Landscape Irrigation Conservation Measures Rule in accordance with Chapter 40E-24, Florida Administrative Code (FAC). The District informed staff that applications for funding under the District's Cooperative Funding Program for FY -2022 will be evaluated based on several factors including the adoption of an ordinance which fully comports with Chapter 40E-24 F.A.C. This consideration may be a)dended to other cooperative funding programs in the future as well. Staff has prepared a draft of the code that conforms to the District's request for review and discussion with the Commission. Application. The provisions of this section shall apply to all water users during all periods of time in which no water use restrictions are in effect. The provisions of this section shall apply to all use of water for irrigation purposes regardless of source, except reclaimed water may be utilized for irrigation purposes each day of the week from 4:00 p.m. through 9:00 a.m., and irrigation with reclaimed water by golf courses and dedicated athletic play areas shall be exempt from all day of the week and time restrictions. Restrictions. The use of water for sprinkling or other irrigation of lawns, landscaped areas, golf courses or other outdoor vegetation, excluding dog parks in the city is restricted as follows: 1. The use of water for sprinkling and irrigation is prohibited on Friday and between the hours of 9:00 a.m. and 4:00 p.m. Saturday through Thursday. 2. Water use between the hours of 4:00 p.m. and 9:00 a.m. Saturday through Thursday shall be limited to 3 days a week as follows: a. Property with odd -numbered addresses shall be permitted to irrigate on Monday, Wednesday and Saturday. An odd -numbered address means a house address, box number or rural route ending in the number 1, 3, 5, 7 or 9 or the letters N through Z. b. Property with even -numbered addresses shall be permitted to irrigate on Tuesday, Thursday and Sunday. An even -numbered address means a house address, box number or rural route ending in the number 0, 2, 4, 6 or 8 or the Page 1319 of 1360 letters A through M and property, which has no street address. c. More than 4 hours of irrigation on any property less than 5 acres in size in a one week period is prohibited. In conjunction with this ordinance, the Utility would also like to enhance the regulations for the utilization of reclaimed water to further protect potable water sources. The draft ordinance includes connection requirements where reclaimed water is available adjacent to a property that utilizes an average daily water use of potable water, surface water or ground water (or a combination) of over 5,000 gallons per day which require connection and utilization of reclaimed water to the fullest extent possible as supply allows. Declaration of a water shortage condition and/or water shortage emergency within all or parts of the CITY Water Service Area by the District's Governing Board or Executive Director shall supersede this Code for the duration of the applicable declaration, in accordance with City Ordinance No.85-36 establishing Chapter 26, Article III — Water Shortage Plan. A water shortage usually occurs due to drought. Exceptions: Exceptions include special provisions for irrigation of new landscape, irrigation system maintenance activities and applying landscape fertilizer and chemicals. Enforcement: Every Boynton Beach law enforcement official having jurisdiction in the area governed by this Code shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Code by issuance of a citation, summons, or notice to appear in county court, or by filing an action in civil court for injunctive relief. The City of Boynton Beach administrator/ manager may also delegate enforcement responsibility for this Code to other departments of the city government, or cities in the service areas governed by this Code, in accordance with state and local law. Prior to imposing a first violation penalty, the City must first give the property owner of the property two (2) separate written warnings that a violation of the irrigation limits set forth in this ordinance will result in the owner being fined. No additional warning is required after the first violation warnings are given. A warning issued to an occupant of the premises is prima facia proof of notice to the owner. This ordinance shall become effective July 6, 2021 How will this affect city programs or services? May require additional city staff time and county assistance to educate and enforce the ordinance within the water service area. Fiscal Impact: None Alternatives: Do not adopt ordinance. Strategic Plan: Strategic Plan Application: Climate Action Application: This ordinance supports a sustainable water source to support a growing population. Page 1320 of 1360 Is this a grant? Grant Amount: Attachments: Type D Oirdinainc,(�.. D Oirdinainc,(�.. Description Ordnance appiroving Year If OLAnd I aindscape Irrigation conseirv.."ition (second ireadir g) Ulpdated Year rOLAnd aindscape Irrigation code Page 1321 of 1360 I ORDINANCE NO. 21 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, 5 ARTICLE III, ENTITLED "WATER SHORTAGE PLAN" IS HEREBY 6 RENAMED "WATER SHORTAGE PLAN AND YEAR-ROUND 7 LANDSCAPE IRRIGATION CONSERVATION MEASURES"; 8 CREATING A NEW SECTION 26-46 ENTITLED "YEAR ROUND 9 LANDSCAPE IRRIGATION CONSERVATION MEASURES"; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, South Florida Water Management District (District) is encouraging 14 municipalities to implement a Mandatory Year-Round Landscape Irrigation Conservation 15 Measures Rule in accordance with Chapter 40E-24, Florida Administrative Code (FAC); and 16 WHEREAS, the District informed staff that applications for funding under the 17 District's Cooperative Funding Program for FY-2022 will be evaluated based on several factors 18 including the adoption of an ordinance which fully comports with Chapter 40E-24 F.A.C. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and incorporated 22 herein by this reference. 23 Section 2. That the title of Chapter 26, Article IH, is hereby amended as follows: 24 "WATER SHORTAGE PLAN AND YI,,AR RQ1JND il...,ANDSCAP[� ," IR I[GAT110N ................................................................................................................................................................................................................................................................................................................................................................................................................. 25 CONS1."RVATI10N ML'AS1-JR S" .............................................................................................................................................................................................................................. 26 Section 3. That Chapter 26, Article IH, entitled "WATER SHORTAGE PLAN" is 27 hereby amended by creating a new Section 26-46, "Year-round landscape irrigation 28 conservation measures" by adding the words and figures in underlined type, and by deleting the 29 words and figures in struck-through type, as follows: 30 S.ec;s............ 2..Ye all'"...v„ound Iandsca Q�� llll„�,.i��.!I.n cofl'��»Q:�ll'"vation fl'�Q:��.�»4Rll'"es ........................................................................................................................................................................................................................................................................ 31 32 A......... A fzlication ..he pLoyisions of this section hall ap 1y 12 gill wate users dur llnc- 33 prllllods f tlllll4 v�llc� �0 water 4.s&�tllllctllo�illQll� effect, flie illO llsllOfls of this _,, ;fl,,.. °fl 34 section shall a.. 1 to ��.11 user cif vv��tcrll'° fall llll'll"1��.tll�'�fl� 4Rll'" �'�a»Q a» ll'"Q ��ardlQ: ss of sourceQ�xc t. 35 I.C.2cIaimed watQ� v. ma. the week ftom15_44l 36 4 00 P fly, ti ll c „ai l �� ,lltl 11 ( � fly,;, and irrigation with reclaimed water by g2jf � 04�;;ll;"sQ s and, 37 d e d i c ated...atb. Ietic: 1��. ��.�'°Q��s sl��.11 f�Q� Q��c�� . t. f�'°c�� .11 d��. cif the week and time 38 I.C.2st1'"icaio��s,� ..................................................................................... S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Sec 26-46) - Ordinance (Rev For 2nd Reading).Docx -1- Page 1322 of 1360 39 40 4| 42 43 44 45jjnkling or other irri( 46 47 cit is restricted as follows� 48 49 50 5| 52 53 2., Water use between the hours of!.S-4)04�00 9+449�00a.m.,Satur. a 54 55 56 a . ................. llv.�.o..ger with odd -numbered addresses shall b( r)errnitted to irrigate 57 58 means a house ad&ess, box number or rural ro.ute endin(y in the 59 60 6| 62 o n u e s d Th u 1" 1111 d. S An even -numbered address means 0 a house add.r.ess box number or rural route endincy in the num 64 65 a d d v.,..Q s s...,. 66 67 68 69 70 7| C., The follo Kc( otions shall to all users unless s ecified 72 73 74 1., and tion shall b( rohibited d between the hours of �"-1444 75 76 77 78 79 80 b e ir.ricyated once without recyard to the, norma allowable a 2 L 8| da s and times Irricyati( n of the soil immediat( rn,ior to the o:\cA\orauanocs\rcmRound Landscape Irrigation Conservation (See 26-+0 Ordinance (Rev For 2nd Reading).Docx -2- Page 1323 of 1360 82 installation of the new land � iluc, is also allowal�ble without rea a v d ............ t o ................................................................................................................................................................. ................................ 83 111 e n o v.,..m a a o w a b I e wateri.ng and ➢times. .............................................. ......... . .... 84 85 b., The nineti d� .... ... ...... 1 ........ ................. V ........................................................................................................... �.Lp P- -II I ................................................................................................... b. . �eriod �becyj ns I e da the new land 86 installed., The new I -nds aping shall be installed within a reasonable ..... ......................... .......... ............................................................................................................................................... 2. ................... 87 ti m e ft.,...o m t.12 e.......... d a..t e .......... Of p �Ljj.ic ma be demonstrated with a ............ 1 ...................... V ....................................................................................................................................................................................... ..... ..... .... .... ..... .. . .... ..... . . .... ...... . .. . ...... ...... ...... . .... ..... .. 89 90 C. Ivricyalion off _I'lew lan. 3 iew I �,ddsc�ai LY ILI ich has been in 12ILice, for thirty ...................................... ............ ............ n.. ........................................................................................... .............. - ---------- 91 a. s or less m be, aaccoi lished on M T ,& Wedne 92 Thursda S - t r a a d Sunda ........................................................... IV . ....... 3 - ............ U IV . ........ 1 ......... ............................................. 93 94 d I of new laandhc� oincy which has been in lace for thirt"I �..o n . .. . ...... ...... ..... 95 Lto —ninety-0)(JU da . . .... ................................................................................................................. ... . .... .... —Y -s -Inaylb-e, -a-cuo-nalp lished on Monday yH. 97 98 1 lrv,igi�a.jion of the new la.nd.sca.. ing is limited to areas containinc! the, new . .................. ............................................................................................................ ............ .................. ...................... ............................... ... p - -------------------------- - 99 1 a n d i n cy An entire zone of an irricyation , stem shall be utilized ............................... . .................. 00 for land S.9.a tion under thi .)aracyr h if the zone in uestion is for an 01 ..... . .. ..... ..... .... . ... ..... .... .... ...... ...... .... ..... . ...... .... ..... ... . ..... ..... ....... . .... ..... ... o ., a v.,..e a 1.12 a t c o n 1a. i n s a t Least .5 0 �/ . ...... 1 �=w la.1 .0 02 5- 0 inn .................. IQ 1 la. 1.d L�);..p �2.1� if the new I nd an area that will not .............. ..................................................................................... �i; .. .................. La.p is in .... . ..... 1.1.4 ..................................................................................................................................................................................................... 03 the individual new lantin s 04 ......... ................................................................................................................................ ......... .... . .. ...................................................................................................... ..... ,ible for adds iona i . . ! a v.,e e1ig t I v v iWi�..jion under this p� . . . .. . ... . 05 ma be, aaccoi olish low volume hand erin orn a. a 1-0 riate ................. . 06 method,...which isolates and waters onl the ne�wlan�dsgia i�ncy ....................................................... ........................................................................................................................................................................................ ....................... 07 08 4,., and � e 11-1-4 t i/stern ; rna. be ( r)erated during restrict ........................... L ........................... ...on s .................. ....... 09 and an .......................... 10 attendant on site in the area b e i iij-y tested (jeaned maintained or r iaired., ....................................................................................................................................................................................................... 11 12 A A a -.0 for Ee ,Ua AsUnc S., and tion be ooeirated for testing ........................... L ........................... �.g.a Pe ........... ELI! ........................................... sy j;e ....... . .............. n e .. .......... 1 V 13 clea1 incy maintenance and I"( re than onc( week and the run ............................ .............. 14 timefor..an one test. should not exceed 10 minutes ......... ....................... ...................... ................. . Y...................................................................................................................................................................................................................................................... .............................. ...... 15 16 6., and 3 ion for 11 -,-in fertilizers insecticid( ........................... L ............................ �.9.a P1 ILLIZ i ........................................ ..t e p !I.Ep ........ ........................ ....... 17 p i . . ................... 2 -h watering -in is recommended 1j. c des fun icides and lie v.,ticides where su( . .... ..... 18 .. .. ..... ........... ..... ...... ..... ... ... . -QL!y w 1:a.1 qi)�..te, or local la or best. mana-yernent .................................... ... .. ................................................................................................. ............................................................................................... bly tli. e m a n u fi..i,.ctjjre.L 19 p..Eji,�:jjces shall be allowed under the followin�jyonditjons,. .... .. ............................ ......................................................................................................................................................................................................................................................... 20 21 a., Such wate.vincy-in slia.1111 be limited to one, a.�lication unless the need for." .... ............. 4,Jn sha .................................................................................................................................................................................................... 22 m. o v.,e t 12 a n one ap r a . licaition 1.ication is st,ated in the div,eqions . ..... p ........................... ........ ......................................................................................................................................................................................................................................................... fQ ........ ......... P. p 23 s,.)ecifi the manufa. �cified �b t�e manufactijrer� jjj .0 24 S:\CA\Ordinances\Year Round Landscape Irrigation Conservation (See 26-46) - Ordinance (Rev For 2nd Reading).Docx -3- Page 1324 of 1360 25 b. ....................... S u c 1i Ma.t...e.r...i......g.....i.............s..h..a.l.l..........b...e ...... .a..c .c.o.m .. . I i s h d d u ri n g n oir r—n—a—I- — a I I o w a.) 1 e 26 wate.rW4 0 ........ ......................... ........... ......... .... 27 aaa .0 .............. L_U_1�,Iless _a� EQ&.,.,.ional licensed ........... appl ......................................................................................................... ........ icat.or—hais--posted a Off d gj ja.inin the date o appliciatioi aj . the, daateUs f 28 t 2 . ..... QBIJ� �J. ........................... L ...................................................................................... ........ - 1 P ------------- Q 29 ..................................................................... at r n needed w �_.' i g �.in act.iv.ity. ... ............ .............. ................................. .......... 30 31 .T.........................n I a i'I t M a t e ri a. I 1, Y - b .I w atered_uig .......l.....o........w...................v.........o.........l.....u.........m.............e........ .i........ ,icyalion micro.- ........... 32 i v.".!,.Jlyation low. -volume hand waterincy methods and rain barrels ciste"',—, 33 other similar rain.-harvestincy devices without recyard to the waterina ;1wq or ......................................................................................................................................................................................................... 34 times allowed . a p ........................................ ................ ............................. ......... ...... 1Q. tl.i. i s s e cl i o n...,. 35 36 D. ............................................1.1. s e v.,5. ........... I o c ate d ........... i n .Ci t. n.. 37 accordance with th e - 11 11 et forth in subsection B., abo e below., ...................................................................................................................................................................................................... p .................................................................................................................... .............. ............ ....................................................... 38 39 1., HOA's or Mul ifa. il ........................................................................................................................................ .................. 1 y .............. c o m m u n i ti e s .............. w i t 12 .............. J%; t..e v . . .............. a c c o u n t s............... w tl.i. ............... e v e n.. 40 addresses with.j..LLiga sterns that. irrigate both even and odd addresses ................................................................................................................ ... .... . �i...!J ol �y— — — — . ...... . . . . . . . ................................................................................................................................................................................................................................................. 41 within the sam, zones such as multi.:�:&j il units or other locations with no ............................................................................................................. ... ......................................... I ...................................................................................................... 42 a d d v.,..Q s s QHS d e s c v.,.i b e d in s u b s e c 1i o n B shall have the o p.p o a c c �®ryi . I �is h .......... ................................................................................................. . .... ..... 43 n e c e s s al and Sunda ...... .... .... ..... .... .... ..... 44 45 2, H Q. A s o i.: M iJ Lifamij comm tin �fles wfth water accou nts wfth odd addresses .................................. 46 QHS .............d e s c v.,J. b ed. ............. flfl .............s u b s e c ti. on. ............ B!j, .......... shall have t e o .p o accorn lish .......... ........................................................................................... ......... ......... P. 47 n e c e s s aly j -1 311 1 N) G 3 ...... .... .... ..... .... .... ..... . ..... �.g.gap , i r jg lion onl o n Monda W d.nesda and Saturd .... ..... �r .................... �i ....................... ...................... y ................... ................................................. y ................ ............. ......................................... Y -A( -------- U_r --- �_-Y_ 48 49 E Varianc s. An user holdi a valid variance issued ........................................................................................................ �c .................................... ............................................................................................................................................................................. ........ y b till e South IF I ory i d a. WVV a. t e ry 'lue to a� of th(., 50 Ma.nag�._, s i t . ..................... �ontil�vail himsclf�_ . rovisions of the variance u n . .... 1 12.i tr.c ma continue to avail himse ..................... ................. ............ .... ....... .................................................................................................................................................................................. 51 filing Qf.jj �r, ............................ . a n c e w i t.12 t.11. e c i..M 52 53 E ............................................ Ei'l�C�rcernent. Ever. on in the area 54 with all other duties I'MIDosid hi - 55 d i I ig�r, ana er ma also 1 11y �r ...................... ... ......... jjj.� ......... 56 d e I(,( --,at:," enfo 'cement re .)onsibill fo r this section to other dep— 57 government. 58 59 G., Penalties. Violation o f 3. 1 1 1 n of this section shall be sub ect. to following ......................................................................................................................................................................................... ................. y P M.1 s 0 ......................................................................................................................................................................... ................ ........ ....................................................................................... ........................................ 60 p malties� ........................................................ 61 62 1 ..................... F o v t.12 e fi v.,..51 v i o I..ati.on bV a fine not to exceed . .... ...... ...................................... ............................................................................................. ................ ................................ 63 64 2. .................... E o v a s e c o n d v..i..o tati.on bV a fine not to exceed $ .1...-. . .... .................. ................. . ............................................................................................ ................ ................................ 65 66 1 For a thi rd iol ati.on 1) a. fine not to excee�,d2,5- (01, �0) 0) andby termination of .......................................................................................................... y .................. il ........... ................. y .............................................................................................................. 67 w. a I e v s e v.,..v c e Io I e until the violation is corrected., .............. ..... .............................................................................................................................................................................................................................. S:\CA\Ordinances\Year Round Landscape Irrigation Conservation (See 26-46) - Ordinance (Rev For 2nd Reading).Docx -4- Page 1325 of 1360 170 P I'J. o I to i ID ao'5�ina first v�iolatio_nen�alt ih�? C i t.yInu,,,t first give the owner ofthe ...... .. . . ...... .. ... ..... . .. ..... 171 PTQV.q?'Tty ima a violation of the irr�� (.2.] �se a t.,..a t e w i.'J..11Q i] 172 forth in this ordinance will result in the owner bein fined. No additional warnin ............................... is........... IV( 173 r ? A wal-11114, q are en., A warni issued to an oc u - ant e..M.ired after the first violation war 3 - 3 11� ............................ .............. ................................................................................................................................................................................................................................. ..................................................................................... ................ .......... P 174, If t.11 e -.)rima faci roof of notice to the owner., .. .... .... .... 175 , , , , , - .11, .1 , .11'' - - .1 offense Law e Iforccine IE 176 Ea h da in violation of this section shall constitut? a se - arrate offense., Law enforcement .................. C .......... ................. . y ...................................................................................................................................................................................................................................................................................................... ... ........ 177 officials and others as dele . ........... I ij.. ten .................................................................................................................................................................................................. 178 w. a..Lnincy In addition to the sanctions contained herein the cit . . ........ mav t .......... ..... .............. . ..................... . . ...... a..h . ........ i 1 y i LI 1.1 —er 179 a.p..a1ng1ja12jkZaL _acjim includin but not limited to e ........ ......................................................... .......................................................................................................................................................... 1 QL'4'Q.1 cy . ....... 1.1. 180 en o ce t e . rov I is I ions of this section., f ................ ...... 11 ............. p ............. ................................................................................................................................................................................. 181 182 Section 4. Each and every other provision of Chapter 26, not herein specifically 183 amended shall remain in full force and effect as previously enacted. 184 Section 5. All ordinances or parts of ordinances in conflict herewith be and the same 185 are hereby repealed. 186 Section 6. Should any section or provision of this ordinance or portion hereof, any 187 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 188 decision shall not affect the remainder of this ordinance. 189 Section 7. Authority is hereby granted to codify said ordinance. 190 Section 8. This ordinance shall become effective .......J i.1 y E2 4 m * ve- 4 44 �4 ..... 191 192 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 193 S:\CA\Ordinances\Year Round Landscape Irrigation Conservation (See 26-46) - Ordinance (Rev For 2nd Reading).Docx -5- Page 1326 of 1360 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 FIRST READING this day of March, 2021. SECOND, FINAL READING AND PASSAGE this day of .2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) YES NO S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Sec 26-46) - Ordinance (Rev For 2nd Reading).Docx - 6 - Page 1327 of 1360 Section 3. That Chapter 26, Article III, entitled "WATER SHORTAGE PLAN" is hereby amended by creating a new Section 26-46, "Year-round landscape irrigation conservation measures" by adding the words and figures in underlined type, and by deleting the words and figures in struck -through type, as follows: Secs. 26-46. Year-round landscape irrigation conservation measures A. Application. The provisions of this section shall apply to all water users during all periods of time in which no water use restrictions are in effect. The provisions of this section shall apply to all use of water for irrigation purposes regardless of source, except reclaimed water may be utilized for irrigation purposes each day of the week from 4:00 p.m. through 9:00 a.m., and irrigation with reclaimed water by golf courses and dedicated athletic play areas shall be exempt from all day of the week and time restrictions. Utilization of Reclaimed Water: Where reclaimed water is available adjacent to a property that utilizes an average daily water use of potable water, surface water or ground water (or a combination) of over 5,000 gallons, the subject property will be required to connect and utilize reclaimed water to the fullest extent possible as supply allows. B. Restrictions. The use of water for sprinkling or other irrigation of lawns, landscaped areas, golf courses or other outdoor vegetation, excluding dog parks in the city is restricted as follows: 1. The use of water for sprinkling and irrigation is prohibited on Friday and between the hours of 9:00 a.m. and 4:00 p.m. Saturday through Thursday. 2. Water use between the hours of 4:00 p.m. and 9:00 a.m. Saturday through Thursday shall be limited to 3 days a week as follows: a. Property with odd -numbered addresses shall be permitted to irrigate on Monday, Wednesday and Saturday. An odd -numbered address means a house address, box number or rural route ending in the number 1, 3, 5, 7 or 9 or the letters N through Z. b. Property with even -numbered addresses shall be permitted to irrigate on Tuesday, Thursday and Sunday. An even -numbered address means a house address, box number or rural route ending in the number 0, 2, 4, 6 or 8 or the letters A through M and property, which has no street address. c. More than 4 hours of irrigation on any property less than 5 acres in size in a one week period is prohibited. C. The following requirements or exceptions shall apply to all users unless specified otherwise herein: Page 1328 of 1360 1. Landscape irrigation shall be prohibited daily between the hours of 9:00 a.m. and 4:00 p.m., except as otherwise provided herein. 2. Irrigation of new landscaping shall comply with the following provisions: a. On the day the new landscaping is installed, the new landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is also allowable without regard to the normal allowable watering days and times. b. The ninety (90) day period begins the day the new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice. c. Irrigation of new landscaping which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday. d. Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday and Saturday. 3. Irrigation of the new landscaping is limited to areas containing the new landscaping only. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this paragraph if the zone in question is for an area that contains at least 50% new landscaping. If a zone contains less than 50% new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation under this paragraph. Targeted watering may be accomplished by low volume hand watering, or any appropriate method, which isolates and waters only the new landscaping. 4. Landscape irrigation systems maybe operated during restricted days and/or times for testing, cleaning, maintenance, and repair purposes with an attendant on site in the area being tested, cleaned, maintained or repaired. S. Landscape irrigation systems may routinely be operated for testing, cleaning, maintenance, and repair no more than once per week, and the run time for any one test should not exceed 10 minutes per zone. 6. Landscape irrigation for the purpose of watering -in fertilizers, insecticides, pesticides, fungicides and herbicides, where such watering -in is recommended by the manufacturer, or by federal, state or local law, or best management practices, shall be allowed under the following conditions: Page 1329 of 1360 a. Such watering -in shall be limited to one application unless the need for more than one application is stated in the directions for application specified by the manufacturer; and b. Such watering -in shall be accomplished during normally allowable watering days and times set forth in paragraph (3)(a), subsections (4) and (5) unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering -in activity. 7. Any plant material may be watered using low volume irrigation, micro -irrigation, low-volume hand watering methods, and rain barrels, cisterns, or other similar rain - harvesting devices without regard to the watering days or times allowed pursuant to this section. D. Users located in City of Boynton Beach shall irrigate existing landscaping in accordance with the provisions set forth in subsection B. above, or as provided below. 1. HOA's or Multifamily communities with water accounts with even addresses with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi -family units or other locations with no address as described in subsection B., shall have the opportunity to accomplish necessary landscape irrigation only on Tuesday, Thursday and Sunday. 2. HOA's or Multifamily communities with water accounts with odd addresses as described in subsection B., shall have the opportunity to accomplish necessary landscape irrigation only on Monday, Wednesday and Saturday. E. Variances. Any user holding a valid variance issued by the South Florida Water Management District may continue to avail himself of the provisions of the variance upon filing of the variance with the city. F. Enforcement. Every Boynton Beach police officer having jurisdiction in the area governed by this section shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. In addition, the city manager may also delegate enforcement responsibility for this section to other departments of city government. G. Penalties. Violation of any provision of this section shall be subject to the following penalties: 1. For the first violation, a fine not to exceed $50.00. 2. For the second violation, a fine not to exceed $150.00. 3. For the third violation, a fine not to exceed $250.00 and by termination of water service to the premises until the violation is corrected. Page 1330 of 1360 Prior to imposing a first violation penalty, the City must first give the property owner of the property two (2) separate written warnings that a violation of the irrigation limits set forth in this ordinance will result in the owner being fined. No additional warning is required after the first violation warnings are given. A warning issued to an occupant of the premises is prima facia proof of notice to the owner. Each day in violation of this section shall constitute a separate offense. Law enforcement officials and others as delegated may provide violators with no more than one written warning. In addition to the sanctions contained herein, the city may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this section. Section 8. This ordinance shall become effective July 6, 2021. Page 1331 of 1360 12.D. Legal 4/6/2021 Requested Action by Commission: Proposed Resolution No. R21-038 - Approve demolition of the building located at 1101 - 1103 North Federal Highway. Explanation of Request: On March 2, 2020, the Building Board of Adjustment and Appeals ("Board") approved the Building Official's determination that 1101-1103 N. Federal Highway ("Subject Property) be demolished due to a finding that the structure was unsafe pursuant to Section 116 of the Boynton Beach Administrative Amendments to the Florida Building Code (BB AA FBC). The Board met on August 14, 2019, September 25, 2019, and February 18, 2020 to hear Wing Ho and Karen Ho's ("Owners") appeal of the Building Official's decision to demolish the Subject Property. At the August 14, 2019 and the September 25, 2019 hearings, the Board provided the Owners opportunities to hire a licensed architect to submit design plans on how the repairs would be implemented and installed. The testimony provided by the Building Official at the hearings included information that prior repairs were made without obtaining permits from the City, existing exposure to weather conditions, water intrusion decay, collapsing ceiling drywall, roof deficiencies, wood -borne organisms, and fire hazard concerns relating to exposed wires. On February 18, 2020, the Board heard testimony from the City Building Official and the Owners. At this hearing, the Board determined that the Owners did not comply with the Board's Order as the submitted plans were incomplete and deficient because they lacked an extensive list of life safety items by multiple disciplines, including structural, electrical, plumbing, mechanical, fire, planning and zoning, engineering, and utilities. In preparation for demolition, the Building Department complied with notice requirements in accordance with Section 116 of the BB AA FBC. How will this affect city programs or services? Demolition of the Subject Property is not anticipated to affect City programs or services. Fiscal Impact: Budgeted The cost of demolition of the Subject Property is estimated as $15,000 - $20,000. Pursuant to BB AA FBC, costs incurred shall be charged to the Owners. If the charges are not paid within ten (10) days following mailing of the billing notification sent by certified mail, the owners will be assessed the entire cost that was incurred for demolition against the Subject Property including, but not limited to, all administrative costs and postal expenses. In the event that there is an assessment, it shall constitute as a lien upon the Subject Property superior to all others except taxes. The City may then file the lien with the Palm Beach County's Clerk's Office for recording in the Palm Beach County's Official Records. In the event that the lien remains unpaid after three (3) months from recording the lien, the City Commission may foreclose the lien in the same manner as mortgage liens are foreclosed. Please note that the City is currently litigating a foreclosure action against the Subject Property to foreclose on the City's code enforcement lien and nuisance abatement liens. When a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether recorded before the final judgment or after. Ober v. Town of Page 1332 of 1360 Lauderdale -by -the -sea, 218 So. 3d 952, 954 (Fla. 4th DCA 2017). In the event that there is a final judgment in favor of the City in the currently pending foreclosure action, pursuant to Section 48.23(1)(d), Florida Statutes, and Ober v. Town of Lauderdale -by -the -sea, the judicial sale of the Subject Property will discharge the lien and the City will not be able to recover the cost of demolition. Alternatives: An alternative is not approve the demolition and allow the Subject Property to remain in its current unsafe condition. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IBES .:kAtioin Description IBES .:kAtioin a ppiro. Aing and aUlth oirlirliing the deiryx). lRioin of stirLAC klre at 1101 1103 INoirth 1== edeiraI II °Illir Ih para Page 1333 of 1360 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE DEMOLITION OF THE STRUCTURE LOCATED AT 1101 — 1103 NORTH FEDERAL HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 2, 2020, the Building Board of Adjustment and Appeals ("Board") approved the Building Official's determination that 1101-1103 N. Federal Highway ("Subject Property) be demolished due to a finding that the structure was unsafe pursuant to Section 116 of the Boynton Beach Administrative Amendments to the Florida Building Code (BB AA FBQ; and WHEREAS, the testimony provided by the Building Official at the hearings included information that prior repairs were made without obtaining permits from the City, existing exposure to weather conditions, water intrusion decay, collapsing ceiling drywall, roof deficiencies, wood -borne organisms, and fire hazard concerns relating to exposed wires; and WHEREAS, in preparation for demolition, the Building Department complied with notice requirements in accordance with Section 116 of the BB AA FBC; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the Citizens and residents of the City of Boynton Beach to approve and authorize the demolition of the structure located at 1101 — 1103 North Federal Highway, Boynton Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. 11 S:ACA\RESO\Approve demolition of 1101 N Federal Hwy - Reso.docx Page 1334 of 1360 27 Section 2. The City Commission hereby approves and authorizes the demolition of the 28 structure located at 1101 — 1103 North Federal Highway, Boynton Beach, Florida. 29 Section 3. That this Resolution shall become effective immediately. 30 PASSED AND ADOPTED this day of April, 2021. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 50 51 Tammy Stanzione 52 Deputy City Clerk 53 54 55 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus 2 S:\CA\RESO\ApproveDeluolitionOfIlOI N Federal Hwy - Reso.Docx VOTE YES NO Page 1335 of 1360 12.E. Legal 4/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-013 - First Reading - Approve proposed amendments to Ordinance No.01-66, Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive bidding" and Section 2-56.1 "Exceptions to competitive bidding amending purchasing threshold language. Explanation of Request: On December 17, 2019 the City Commission approved changes to the City's procurement thresholds via Resolution R19-171 increasing the procurement thresholds. The City's purchasing ordinance must be amended to reflect the changes that were implemented via Resolution R19-171. How will this affect city programs or services? The proposed changes will provide staff the necessary tools to continue processing purchase orders and bids in the most efficient and effective manner. Fiscal Impact: Budgeted None Alternatives: Not approve and have revert back to the thresholds listed in the City's ordinance. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Oirdliir:air c,(:.. D Attachirneint Description Ordinance a irneindliing IC: LAirchasiing Fh ireshc.:lUs Reso 19...171 Page 1336 of 1360 I ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, SECTION 2-56 5 "PURCHASING AGENT, SELECTION, DUTIES; 6 COMPETITIVE BIDDING"; AMENDING CHAPTER 2, 7 SECTION 2-56.1 "EXCEPTIONS TO COMPETITIVE 8 BIDDING" TO AMEND PURCHASING THRESHOLD 9 LANGUAGE; PROVIDING FOR REPEAL OF LAWS IN 10 CONFLICT, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City Commission approved changes to the City's procurement 14 thresholds via Resolution R19-171 increasing the procurement thresholds; and 15 WHEREAS, the proposed changes will provide staff the necessary tools to continue 16 processing purchase orders and bids in the most efficient and effective manner. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive 22 bidding" of the City's Code of Ordinances is hereby amended to read as follows: 23 Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. 24 (a) The city commission shall appoint an officer or employee of the city, other than a 25 member of the city commission, as purchasing agent for the city who shall be responsible for 26 the purchase of all supplies, materials, equipment and other articles used by the municipal 27 government. All purchases or sales of city property shall be subject to the approval of the city 28 commission and shall conform to such regulations as the city commission may from time to 29 time prescribe. 30 (b) Personal property, commodities and services. Except as provided in section 2 56 1 all 31 purchases or sales of personal property, commodities and services involving amounts 32 referenced in the g eY 33 , or constriction involving amounts referenced in tl�e � uty's ��acl asung 1[�olicy„of 34shall be made only after the publishing of an 35 advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx Page 1337 of 1360 I time, not less than ten (10) days prior to the date set for the reception of such bids, together 2 with such other notice as the commission may direct. The city commission shall have the 3 power to reject any and all bids submitted and received, and to waive any informalities in 4 connection with such bidding. 5 (c) Real property. Real property maybe sold in the manner recommended by the City 6 Manager and determined by the City Commission to be in the best interest of the city. With 7 regard to the sale of any real estate owned by the city which has an appraised value exceeding 8 $100,000.00 as determined by the most recent valuation of the Palm Beach County Property 9 Appraiser, no such sale shall be conducted or consummated until such time as subject 10 property has been appraised by a disinterested qualified appraiser to be designated by the city 11 commission for the purpose of establishing a fair market value thereon. The sale of real 12 property for less than the fair market value shall require the approval by a vote of four-fifths 13 (4/5) of the City Commission. 14 (d) The foregoing provision for sale of real property do not apply to real property located 15 within the city's community redevelopment area if the property was acquired by the city for 16 the purposes of community redevelopment or if the sale of the property will facilitate 17 redevelopment consistent with the CRA plan; or if the sale of the property will facilitate 18 restoration of a property which the City Commission deems to be historic, even in those cases 19 where historic designation by the State of Florida, Palm Beach County, or pursuant to a 20 federal historic designation program has not occurred or is pending. 21 22 Section 3. Chapter 2, Section 2-56.1 "Exceptions to competitive bidding" of the City's 23 Code of Ordinances is hereby amended to read as follows: 24 Sec. 2-56.1 Exceptions to competitive bidding. 25 (a) The purchase or sale of any real property by the city from or to another governmental 26 agency shall conform to such regulations as the city commission may from time to time 27 prescribe, but such purchase or sale shall be excepted and exempt from the provisions of 28 section 2.56 hereof. 29 O fC uty,,,,garuagr shallstalisb puwoc�urmnt. p�>licis>,n any purchase of personal 30 property, commodities, or -services or constnj tiouu i a -g au r ; ai+ weffty 31 32 s.lu.a�I 1 (4es. The procurement policies shall provide for obtaining 33 sufficient pricing and product quotations to ensure that the goods, services, or constriction 34 being procured is the highest quality at the most reasonable cost. Such procedure shall require 35 the preparation and maintenance of written records which adequately document the quotations 36 obtained, property account for the funds expended, and facilitate an audit of the purchase 37 made. Furthermore, the city manager, or in the city manager's absence, the acting city 38 manager is authorized to execute a purchase order on behalf of the city for such purchases 39 rty„ e�� in aniotu.uuts referenced uuu....the � i„ly's l�au��luasil�g l�o�..p.�.Y. bid threshold for 40 personal property, commodities and services, or S75,000.00, for constriction in an o>1u its 41 referenced in the � uty,,°s .l�uua�hasuu�.g ][�olu,�,y,. The City Manager shall file a written report with 42 the Commission at the second Commission meeting of each month listing the purchase orders 43 approved by the City Manager or Acting City Manager. S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx Page 1338 of 1360 I (c) On the purchase of personal property if the city manager shall maintain that an 2 emergency exists in regard to the purchase of any commodity so that the delay incident to 3 giving opportunity for competitive bidding would be detrimental to the interest of the city, 4 then the city manager shall file a statement certifying the conditions and circumstances. The 5 written statement shall be kept with the purchase order. This emergency purchase will be 6 presented to the City Commission at the earliest meeting if it exceeds the threshold for 7 purchases. 8 (d) Commodities available only from a single source may be excepted from bid 9 requirements. A letter is required from the vendor and the single source purchase will be 10 made from the vendor at the discretion of the purchasing agent. I I (e) On any purchase of personal property where the funds for the price of the entire 12 purchase are being supplied by another governmental agency and no funds of the city are 13 being used towards the purchase price, the purchasing agent may elect to follow the 14 competitive bidding requirements of the governmental agency which is supplying the funds 15 for the purchase. 16 (f) The purchasing agent may award a contract by accessing purchasing items from the 17 Federal General Services Administration Contract, the State of Florida State Contracts, 18 SNAPS, RESPECT, PRIDE or other purchasing contracts of any departments or subdivisions 19 of the State of Florida; or "piggy -back" of the government or national alliance bids without 20 the competitive bidding process required by this article. If budget allocation is approved by 21 Commission, as part of the budget adoption for the fiscal year, all items purchased in relation 22 to paragraph (f) will not require further Commission action unless a formal contract is 23 involved. 24 25 26 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 27 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 28 Section 4. If any clause, section, or other part or application of this Ordinance shall be 29 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 30 or invalid part or application shall be considered as eliminated and so not affecting the validity of 31 the remaining portions or applications remaining in full force and effect. 32 Section 5. Authority is hereby given to codify this Ordinance. 33 Section 6. This Ordinance shall become effective on passage. 34 FIRST READING this 6th day of April, 2021. 35 36 SECOND, FINAL READING AND PASSAGE this day of , 2021. 37 S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx Page 1339 of 1360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx VOTE YES NO Page 1340 of 1360 fl I 1.0 11 12 13 :14 15 16 17 18 19 20 21 RESOixTION NO. IZ19-171 A RESOLUTION OF THE CITY OF BOYNTON BEACII, FLORIDA, ESTABIJSHING PROCUREMENT 'I'll IIESI-10 LDS FOR THE CITY MANAGER AND TIIE CITY COMMISSION AND MINIMUM STANDARDS FOR A.I.A., CITY PROCUREMENT REl.,ATED CONTRACTS; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, the City Administration under the authority of the City Manager has implemented rules and procedures regarding procurement of commodities and services needed by the City to perform its public services; and WIIEREAS, the City ( lommission has reserved to itself' the authority to establish rnonetarN limits on the City Manager's authority to enter into contracts for purchases and services. NOW TIJEREFORE, BE IT RESOLVED BY 'riff CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, UIAT: Section 1. ,lie foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby, made a, specific part ofthis R.esolUti0n upon adoption. Section 2. The following establishes the monetary thresholds for all procurement 22 matters: 23 24 25 Processing Requirements and Approval Levels. Requirements for approvals of all construction and non -construction purchases follows: "Iersot,71 Prone Total Purchase Amount Requisition Process Approval Level Total Purchase Purchase Type ss than $2,000 One quotation r Department Head* Requisition/P.O. $2 ,000 to $4,999 '-fh r —ee W _r'i'ft_en —Qu oDepartment He* ad Requisition/P.O. to $5� Thr�_e_\/V_ritten duotes CIty M, anager; Requisition/P.O ,$35,000 & over Formal Bid N Requisition/Contract Construction Projects - Bid Threshold $100,0011 S,('A\Rl,,'So\Ilioctii-etiici,it Policy I'l-iresholds - Rew Docx Page 1341 of 1360 _._..__..... _._.._...... ... ........ ... _..... _....._......... _...._..._..._... ._ .................__............W..... ... ........ .... ___......... Total Requisition Process Approval Level Purchase Type Purchase Amount Total Purchase __.___.__._...__.._._....._ ..... __......_.......__..._. _.._....__.._.....___.......___.___._._......e___..._.._..__.. __._._..._...._.__.__.__....___.._..___....___........... __.__.._......_..........._......__..._.__ _____._._....... __... .._... _................. Less than $ 2,000 One Quotation Department Director* Requisition/P.O. $2,000 to $4,999 uu mmw Three Written Quotes Department Director*.__.___. Requisition/P.O. $5,000 to $99,999 Three Written Quotes City Manager* Requisition/P.O $100,000 or above-.. -- . Formal Bid Process- m City Commission Requisition/Contract 26 *Or Designee 27 28 Section 3. All contracts and purchase orders shall be subject to (1) the laws ofthe 29 `tate c t'Florida, and (2) venue in Palm Beach County, Florida, and (3) Florida Public records 30 law, arra (4) Florida's Scrutinized Company law. 31 A person, vender, contractor or company who does not acknowledge agreement to the 32 four foregoing recluirenlents is riot a "responsible bidder or offerer" as that term is used in the 33 City's Procurement Policies. 34 Section 4. That this Resoluti0II shall become effective immediately. 35 PASSED AND ACOP ITI) this 17 clay of E)ecernber, 2017. 36 CITY OF 3OYN�TON BEAC.`1�-1, FLORID 37 YES NO 38 Mayor ._. Steven. E3, Grant '/.__ ._._._. 39 40 Vice Mayor - Justin Katz 41 42 Commissioner -- Mack McCray 43 44 Commissioner Christina E,. EZornelus 45 46 Commissioner -Ty Periserga 47 48 49 ATTEST - 50 51/ ... C ystal Gibsot , MMC" City Clerk 54 55 (Corporate Sea]) `.i \(''A\R I:StTt0(,caren'tent Policy Thresholds - Reso,Docx V0,Al; Page 1342 of 1360 13.A. Future Agenda Items 4/6/2021 Requested Action by Commission: E21- Solutions to provide Town Square presentation to City Commission. - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1343 of 1360 13.B. Future Agenda Items 4/6/2021 Requested Action by Commission: Update by Charlotte Pelton on Naming Rights Campaign for BBTS - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1344 of 1360 13.C. Future Agenda Items 4/6/2021 Requested Action by Commission: Monthly update from J KM Developers on the Town Square project. - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1345 of 1360 13.D. Future Agenda Items 4/6/2021 Requested Action by Commission: Mayor Grant has requested a staff report on engineering and construction projects over $500,000. - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1346 of 1360 13.E. Future Agenda Items 4/6/2021 Requested Action by Commission: Presentation by the e)dernal auditors of the 2020 City's Comprehensive Annual Financial Report. -April 20, 2021. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1347 of 1360 13. F. Future Agenda Items 4/6/2021 Requested Action by Commission: Appoint Chairs & Vice Chairs for City Advisory Boards per Ordinance 20-016. - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1348 of 1360 13.G. Future Agenda Items 4/6/2021 Requested Action by Commission: Staff report on history/process to add names to the Heritage Park monument - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1349 of 1360 13. H. Future Agenda Items 4/6/2021 Requested Action by Commission: Voluntary Sustainability Payment Program - April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1350 of 1360 13.1. Future Agenda Items 4/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/6/2021 Requested Action by Commission: Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1351 of 1360 13.J. Future Agenda Items 4/6/2021 Requested Action by Commission: Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1352 of 1360 13. K. Future Agenda Items 4/6/2021 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1353 of 1360 13. L. Future Agenda Items 4/6/2021 Requested Action by Commission: Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1354 of 1360 13. M. Future Agenda Items 4/6/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1355 of 1360 13. N. Future Agenda Items 4/6/2021 Requested Action by Commission: Ordinance regarding automatic reversion back to previous zoning if a property is rezoned for planned development and then is not developed. - June 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1356 of 1360 13.0. Future Agenda Items 4/6/2021 Requested Action by Commission: ILA for Sara Sims Park Pavilion Improvements -June 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1357 of 1360 Requested Action by Commission: Monuments on City Property - June 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 13. P. Future Agenda Items 4/6/2021 Page 1358 of 1360 13.Q. Future Agenda Items 4/6/2021 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. - June 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1359 of 1360 13. R. Future Agenda Items 4/6/2021 Requested Action by Commission: Discussion of LOI process for sale of City land - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1360 of 1360