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Agenda 08-02-22
The City of Boynton Beach City Commission Agenda Tuesday, August 2, 2022, 5:00 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) James Stables, Interim City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton-beach.org Page 1 of 347 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. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: Page 2 of 347 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 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 Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 347 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Closed Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Attorney requested a private attorney- client session of the City Commission to discuss 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 In attendance will be the Assistant City Attorney Quentin Morgan, Special Litigation Counsel Thomas Baird, Special Litigation Counsel Joanne O'Connor, Interim City Manager Jim Stables, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Appro)amately 60 minutes will be needed. Invocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations 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. Mr. Michael Wilson is term limited as a Board Member on the Historic Resources Preservation Board and has requested that the City Commission consider his re -appointment. B. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Authorize utilizing the GSA contract GS-07F-173GA, previously approved on September 1, 2020, for the purchase of equipment and services for installation and configuration of Avigilon Security Camera system from Broadcast Systems in the amount of $62,156.25. Page 4 of 347 B. Proposed Resolution No. R22-103 - Approve and authorize the Interim City Manager to sign a First Amendment to the Grant Agreement between the City of Boynton Beach and J & I Optical, LLC. C. Proposed Resolution No. R22-104. Approve and authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for 4 Reel Services Inc. located at 332 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33435. D. Approve minutes from the July 19, 2022 City Commission Meeting. 7. Consent Bids And Purchases Over $100.000 A. Approve scope of work to be performed by Killebrew, Inc. of Lakeland, FL that includes pre - chlorinated pipe bursting of potable water mains on Orchid Rd., Seagrape Rd., Oleander Rd., and Washington Rd., in the amount of $593,470 plus a 10% contingency of $59,347 (if needed) for staff approval of change orders for unforeseen conditions for a total expenditure of $652,817 and approve the Utilities Capital Improvement Plan (CIP) budget adjustment of $286,948 for the proposed project. B. Re -Award Task Order No. F-03-2022, Boynton Beach Women's Club Restrooms, part of Bid No. 028-2511-20/RW for Minor Construction Services and authorize the issuance of a purchase order to Anzco, Inc. of as the lowest, responsive, responsible bidder for the total amount of $115,000. C. Approve Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of $118,040.00 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018, renewed on August 3, 2021. D. Proposed Resolution No. R22-105 - Approve utilizing the School District of Manatee County Invitation to Bid (ITB) ID # 21 -0053 -MR and Authorize the Interim City Manager to sign an agreement with Playmore West, Inc. dba Playmore Recreational Products & Services of Fort Myers, FL for Park and Playground Equipment with the estimated cost of $300,000. The School District of Manatee County's procurement process satisfies the City's competitive bid requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R22-106 - Approve an Interlocal Agreement with the Town of Hypoluxo for a Septic to Sewer project to eliminate the use of septic tanks in the Town's commercial area west of the FEC Railroad. 12. Legal - None 13. Future Agenda Items A. Discussion on options for expenditure of CDBG Funds - August 16, 2022 B. Discussion on Commission consensus on top 3 candidates for City Manager. Each City Commissioner to prepare list of their top 5 candidates for the discussion. - August 16, 2022 Page 5 of 347 C. Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga. - TBD D. Discussion on the Red Light Camera Program requested by Commissioner Turkin. - TBD E. Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay. - TBD F. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga.-TBD G. Discuss a potential park in Leisureville, requested by Vice Mayor Cruz. - TBD H. Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga.- TBD Report on the status of infrastructure within the City, requested by Mayor Penserga.-TBD Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz. -TBD K. Additional homestead for low income seniors, requested by Mayor Penserga. Discussion on Advisory Boards providing an annual report to the City Commission, requested by Commissioner Kelley. - TBD 14. Adjournment Notice if a 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 ofthe proceedings and, for such purpose, He/She may need to ensure that a verbatimrecord ofthe proceedings is nrade, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, prograin, or activity conducted by the city. Please contact the City Clerk's office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained from the office of the City Clerk. Page 6 of 347 1.A. Opening Items 8/2/2022 Requested Action by Commission: Call to Order - Mayor Ty Penserga Roll Call Closed Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Attorney requested a private attorney-client session of the City Commission to discuss 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 In attendance will be the Assistant City Attorney Quentin Morgan, Special Litigation Counsel Thomas Baird, Special Litigation Counsel Joanne O'Connor, Interim City Manager Jim Stables, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Approximately 60 minutes will be needed. Invocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin 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 7 of 347 Is this a grant? Grant Amount: Attachments: Page 8 of 347 Requested Action by Commission: Informational items by the 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 8/2/2022 Page 9 of 347 5.A. Administrative 8/2/2022 Requested Action by Commission: Mr. Michael Wilson is term limited as a Board Member on the Historic Resources Preservation Board and has requested that the City Commission consider his re -appointment. Explanation of Request: Mr. Michael Wilson has expressed interest in continuing to serve on the Board. However, he has completed two full terms of membership and is considered "term limited." The City's Code Section 27-2(h)(2) Term Limits states: "Upon completion of the maximum allowable two full terms of membership, no member shall be eligible for reappointment to the same advisory board, and committee for a period of one year unless otherwise approved by the Commission." In accordance with the above provision, Mr. Wilson has submitted the attached application and requests that the City Commission consider re -appointing him to the Historic Resources Preservation Board. How will this affect city programs or services? Fiscal Impact: Alternatives: Not to reappoint Mr. Wilson to a third term on the Historic Resources preservation Board. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 10 of 347 Ty pe AltachirTIE,'Illl Description Wilson, Il lichciell l[ lisLoricIFR(asouirc(.,�s FR(,,seirvation Board Page 11 of 347 Stanzione, Tammy From: City Clerk Sent: Tuesday, July 12, 2022 2:24 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: landtosea <noreply@123formbuilder.com> Sent: Monday, July 11, 2022 4:31 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 07/11/2022 Name Michael Wilson Phone number 561-260-1296 Address 1224 Isle Ct Boynton Beach FI 33426 United States Email landtosea@comcast.net Current occupation or, if Event Photographer retired, prior occupation Education AS Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessYeswithin City limits? If "yes", name of business: Land to Sea Photography 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 Current Board member Historic Preservation Board when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Historic Resources Preservation Board 1 Page 12 of 347 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 Current City of Boynton Beach HRP Board Member. Long term Boynton Beach Resident. Member of the Boynton Beach Historical Society. Boynton Beach Researcher. Please see previous application for any further questions. Thank you. Professional Memberships Palm Beach County Historical Society Boynton Beach Historical Society 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 73.124.34.246 (United States) at 2022-07-1115:31:29 on Safari 13.1 Entry ID: 557 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application Page 13 of 347 5.B. Administrative 8/2/2022 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The attached list contains term openings and vacancies on the various advisory boards with the designated Commission Members having the 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: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 14 of 347 Ty pe D AltachirTIE,'Illl D Altachiment D ALtadhirriemnt D ALtadhimeint D Aftachiment Description Appointirneints and Applicants for 8/02/22 �Macedo De I lirna Quirib, Flediro Education And Youith A&Asoii,y IBoard Ne+ioin, Margaret I .libr r IBoard I Ilarlpeira Williairn FIlaininiing aindDev(....,dopirneint C'Ahairles, Ohiri,,,MJina SeirfioirAdvisoiry IBcaard Page 15 of 347 Appointments and Applicants for August 2, 2022 Building Board of Adjustments and Appeals IV Kelley Alt 1 yr term to 3/23 Applicants: None Education and Youth Advisory Board I Cruz Reg 2 yr term to 3/24 II Hay Alternate 2 yr term to 3/24 IV Kelley Student 1 yr term to 3/23 Mayor Penserga Student 1 yr term to 3/23 Applicant: Pedro Macedo De Lima Quinto Historic Resources Preservation Board IV Kelley Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 Applicants: None Library Board 11 Hay Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 I Cruz Alt 1 yr term to 3/23 Applicants: Margaret Newton Planning & Development Board 11 Hay Reg 2 yr term to 3/24 Applicant: William Harper Senior Advisory Board Mayor Penserga Reg 2 yr term to 3/24 Applicant: Christina Charles Page 16 of 347 Stanzione, Tammy From: PEDROMLQ <noreply@123formbuilder.com> Sent: Wednesday, July 20, 2022 9:02 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: RESUME= _PEDRO_MACEDO_9.pdf Today's date 07/20/2022 Name PEDRO MACEDO DE LIMA QUINTO Phone number 561-508-1798 Address 104 NE 7TH AVENUE, APT 210 BOYNTON BEACH FLORIDA 33435 United States Email PEDROMLQ@GMAIL.COM Current occupation or, if retired, prior STATE OF FLORIDA EMPLOYEE occupation Education CURRENTLY IN THE FAU PHD PROGRAM IN PUBLIC ADMINISTRATION Are you a registered No 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? If "yes", which 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 If appointed by the Yes City Commission to I Page 17 of 347 serve as Board Chair or Vice Chair are you willing to serve in this capacity? Personal I HAVE A LARGE EXPERIENCE WITH WORKFORCE DEVELOPMENT AND TRAINING. I CURRENTLY Qualifications OCCUPY THE POSITION OF TRAINER FOR THE FLORIDA DEPARTMENT OF HEALTH IN PALM BEACH. I AM ALSO A PH.D. STUDENT IN THE PUBLIC ADMINISTRATION PROGRAM AT THE FLORIDA ATLANTIC UNIVERSITY. Professional Memberships Feel free to attach/upload an https://form.123formbuilder.com/upload dld.php?fileid=04ebc2157a882892962122f791fa691e 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 75.30.231.92 (United States) at 2022-07-20 20:01:52 on Chrome 101.0.0.0 Entry ID: 561 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 Page 18 of 347 T PROFTSS'.111014A III EXIPERllll:..:.NCE Floirlida IlDellpaitimein-t of llI leall-th Goveirimimein't 011peiii-abloinS C01111SUll'tain't 11 2020 Piresein't Career Service Eirnpbyee of the State of F::]oirida, working in the V Wirnain Resources Liaison office, with agency orientation, woirlkfoirce development, eirnpbyee benefits, worIkeir's compensation, labor relations, and spec4l pil-o.jects,. Oversees employee's compliance with the workfoirce development 1plmin, reviews and approves employee's birnes1heets, and is respoinsiUle four eirnpbyee orientation, indluding presentations albout lI eave and Attendance, F.:::irnjployee 1l3enefits, and Worker's Compensatiom, Currently, paii-t of the Management CouncH of the Agency in Pa�lirn Beach, overseeing Strategic Rlanning and Accreditation,, No Seinihoira da s Neves llI lospil-tall (11I 110SP, - IFTAIII RAZ 1113I.111111 1113USIliness IlDevellollpirnein't Mainageir 11 201.7 201.9 Giii-owth IISy the 1111MIMIlbeirs Girew revenue from R irnflfioin to R$ I.A. irnflhoin per irnointlh,, lI Ihe inuirnber of IAD speciahsts practicing inside the lhospitall girew from 42 to J.45, covering 25 speciMties,, 'l Ihe inumbeir of IheMflh insurance and heMthjpIlain network attended girew Iby 3011/f.),, Oversaw the openings of Pediatric services, Maternity Services, a Cancer Centeir, and an aimbWatoiriM service for Autoiimimuine Diseases,, Promoted to Business Development Manager, in c1hairge of physician relations, V �ea�ltlh linsuraince/11 HO Company relations, and Ibusiiiness strategies tow airds Ipiroduciiing top revenue,. Worked as a Revenue Cydle Manager, with a imoinflhlly cydle of accounts receivaUle of R$ 6 rnflhoin,, SuccessfUHly (led 30 eirnpbyees; the direct repoirt included the CEO and the Boail-d,, Paifticipated in the entire Qirneintuirn linteinnatioina�l Accreditation process (21. irnointlhs),, Uff.11111DAS Pani-allba (NAr.ill.014AIll 14014 FDR PR0F::'.iiI:.-r llI III EA III,,,;""III "'III P III A14 ASSOC'.111Arll.olq) 1113RAZI.111111 State 11111iii-ec-toir (IIll11 201.2 . .... 201.7 UNI DAS represents 120 associated inoin fou Ipirofif heMthjpIlain companies that assist over 5 rnHhoin iindividuMs in the nation, with a Ibudget of R$ 2.1. Ibflhoin in irnediicM expenses, around .1.011/f.) of the BirazHian Ipirivate lhea�ltlhcaire imairlkef. Led and coordinated various negotiation processes Ibetwweein heMthjpIlain companies and heMthcaire providers, creating imairlkef Ipirice standards, compensation irnodells, and heMthcaire delivey, Represented UNI DAS befoire government institutions and at IheMflhcaire events throughout the counby, Pliroirnoting IbetteirIheakI aire standairds and akeinnative compensation irnodels. FUNASA SAU11DE (11I 11EA111 "III "'III P III AN) III: MAZI.111,111 Adimllinils-bra-blve aind Flinaince Mainageir 11 201.0 201.7 Page 19 of 347 1111° Co imanaged the relationship with imoire than 500 lheaIltlhcaire Ipiroviideurs. 1111°Oversaw the management of a teairn of 43 eirq:floyees in 4 different Ilocatioins. Promoted the pirocess of regionahzation of services granting administrative independence to each one of the sites of the coirnpainy,, 1111°Supervised over R$ .1.00 irnflhoin in payments (insurance Ipreirniums, physicians, and heMthcaire providers), reirnbuirseirnents, contracts, and the Iplaniniiing and execution of the company's Ibudget,, CER rlu::'.IIICA rlims iealltlh Strategic Management four the Executive Manager 1 365 Ihouurs Post BaccMauireate Level I University of Miami I Miami, I:::::L 1 20.1.4 Administrative Management and Productivity 1 390 Ihouurs Post BaccMauireate Level I CIN II EP I BiraAl 1 20.1..3 PROFTSS.111014A III AIFF�'.111111 rlims UI' ernbeir of the Arneiii-licain College of llI leall'thmire ExeCUblves 11 20',x.9 ,to Piresein't UI' ernbeir of the State ExeCUblve Cormimll-ttee of Nabloinall lUdIliii all FbIll'Urn foir llI leath Nabloinall COL91111CIIIII Of AgStIce 11 201.2 . .... :17 Represented the supplleirneintall IheMthcaure segiment, contributing to actions to contirdl the excessivejudiciahzation of Ilnliwrlliic and supplleirneintall IheMthcare in BrazHL SlIpeallkeir ilium COLgiii-ses foir llI leall-thcaire woirlIkeirs 11 20:16 :17 Lectured in couirses about patient experience and lheaIltlhcare aIlteinnative compensation models in oveir 20 different BrazHian states to over 1-000 lheaIltlhcaire woirlkeirs,. T vo iii uiq rEER EXPERllll:..:.INCE Support V bme Foir C141diren with Canceir I VdIunteeir 1 2008 2009 YWAIA Brazfl, East lI imor, and Austirafia I VdIunteer 1 20N..... 2006 I)lh,,D,, in PuUlic Administration (Student) F::]orida Atlantic University I Boca Raton, I:::::L I Present Master of V Uealltlh Administration F::llorida Atlantic University I Boca Raton, I:::::L 1 202.1.. Bachelor of Science in Communication (Illinoir in Advertising) IESP University I BiraAl 1 20.12 Page 20 of 347 St'anz�ione, TanamV From: City Oerk Sent: Monday, J my 2S, 2022 8:21 AM To: Stanzione, Tammy Subject. FW: Advisory Board Appointment application I i From: Kipsaigi <norep�ly@123foirmibLlil'der,coimi> Sent: Friday, Juily 22, 2022 SAO PM TO: City Clerk <CityClerk@bbfl.us> svA.Pw. ...... ..... Name w. Address MM 1104111601 lit 1 .1 Education Margaret Newton 561-315-9595 701 N W 4th Street Boynton Beach Florida, 33435 United States t1pjLdjg,ia)ao1 x9n I Retired Ma ter, degree Do! you reside w,ithiin, the Yes Boynton Beach City limits,? llll Do you oiwn/manage a, business. within City limits? iW Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board( s) andl Senior Board 20016-2022 when? Have you ever been convicted Nc -0 a criu*?, If "'yes", when and where?, Advisory Board Library Board I Page 21 of 347 If appointed by, the City Commission to serve as B,oa,rd Yes Chair or Vice Chair are you willling to serve in this capacity? Personal Qualifications I am a avid reader on a wide variety of topics. I enjoy participating in the various programs the system offers. For example, I moderate the book chosen by the library for mental health month. Also, I want to ensure the children,s interests will also continue to be supported, My granddaughter loves the library and often reminds me of her library privileges. I would love to be a, part of a system that is continuing to insure respect for all people, younger and older. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers providedi herein are true and accurate. I understand thait, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.124,34.115 (United States) at 2 22-07-22 1639:46 an Safari 15,5 Entry ID: 562 Ref errer:titt p sJ: AL w boy tq�l-_b L�L2 ±1L rf 1L g_ Form Most; ht s�j oii�,�'iri,123fo�,mbluilLcILE�rcorr� 5832'.L,14 y�i n tio� .ip— _/L �RLy I Page 22 of 347 Sent: Sundiaiy, july 17, 2022, 6:52 PM To: City Clerk > Subject: Advisory Board Appointment application Today's date 07/17/2022 Name William Harper Phone number 561-430-7156 Address 700 sw 4th Avenue Boynton beach Florida 33426 United States Email AnLrty�ljp�gr2i�gm2aiLcom IL L .--- Current occupation or, if Real Estate Professional retired, prior occupation Ediuication Bachelors Urban, and Regional Planning from FAU Are you a registered voter? Yes Dio you reside within the 'Yes Boynton Beach City limits? Do you own/manage a business kv, w 'thin City limits? I if "yes", name of business; Are you currently servinig on a No City boiard? 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 Planning Development 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 11 possess a bachelors degree in Urban and Regional planning from, FAU. Il also work heavily in property development as well as real estate projects. I am, a hard working and knowledge seeking individual who is looking to bring positivity and good things to my new city where my wife and I purchased our first home and we plan on living for the rest of our lives, Full Resume of projects and educational/professional history available upon request. Professional Memberships Licensed Real Estate Agent, IN Page 23 of 347 ITOMM171717" F Vol extrp s�ieet 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 166.205.159.79 (United Stares) at 2022-07-17 17:52:20 an Chrome 103.0,.5060.63 Entry 110, 560 Referrer: !]tqt;,LLw i J, Ljo _Igl Form Host: h p�.'Jjfw'm-123forrn yj!qffLq.Tj �j tt k) '-' U241g _, y-'.tu!�L-Ap 'ILILl ngill - �k(j( tio�n !j�jSiL� �Apj tL -t-m —.1 Page 24 of 347 Seint- Saturday, Juil'ly 16, 2022 10:07 PM To: City Clerk < JtL QerK@hbfl.us> Subject: Advisory Board Appointment appl�icat�ion, Today"s date 11/21/1987 Name christina, charles, Phone number 561-677-1314 Address 112 se 2nd ave boynton fl 3343,5 United States Emalll christina,chlaor fl.ciri Lle�sal Current occupation or, if retired, prior occupation Education trade school Are you a registered voter? No Do you reside within the Yes Boynton Beach, City limits? Do you owni/maniage a bu i within City linnits? Ii 'if "iyes", name, of business; Are you currently serving on a No City bioard? Have you served on a City N* board In the past? I Z03=01= � Have you ever, been convicted No of a crime? If "yes", when and where? 11111MORM11517M 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 working with seniors has been a, wonderful and rewarding experience when i worked at the retirement homes and with the home health agency, i enjoy making a difference in the lives of the people around me and in the community. Professional Memberships Feel free to attach/upload an extra sheet or resume. 9 Page 25 of 347 Certiflication 1, the applicant, hereby certify that the statements and answers provided:, herein are A] true and accurate, i understand that, if appointed, any false statements may be cau, for, removal from a board,. The message has been sent from 73.46.237.62 (United States) at 2022-07.16 21:!07:17 on Chrome 103.0.0.0 Entry 101. 559 � t�L Referrer: httP-5jjwww bo qtc fib( fj& �L_.�L 2_ _t4L S1 Form Host: LLttgI fd fLq:Lqt rl ornfi,1231"orii"r�biuil�dercc)rn so, _ Ip i t - a ) Lw.,g i o ri L_ _ L - Ady�-.EyAn _q_j2L _ — Page 26 of 347 Consent Agenda 8/2/2022 Requested Action by Commission: Authorize utilizing the GSA contract GS-07F-173GA, previously approved on September 1, 2020, for the purchase of equipment and services for installation and configuration of Avigilon Security Camera system from Broadcast Systems in the amount of $62,156.25. Explanation of Request: The GSA contract complies with the City of Boynton Beach's competitive bid requirements. The purchase will allow for the purchase and installation of security cameras at designated locations. Authorized City personnel will be able to monitor the security cameras. How will this affect city programs or services? This system will enhance safety and security at Harvey E. Oyer Jr. Park. Fiscal Impact: Budgeted Funding was approved and is available in fiscal year 2021/22. Funding is available in CI P Account 303-4211-572.64-15 in the amount of $57,000. Funding is available in C1 Account 303-4223-572.64-15 in the amount of $5,156.25. Alternatives: Not approve the purchase of additional security equipment for City facilities and parks. Strategic Plan: Building Wealth in the Community, High Performing Organization Strategic Plan Application: The security camera system will assist with building and maintaining wealth in the community by providing security camera coverage and access control at City facilities and protecting the City's investment in technology infrastructure. Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Broadcast Systems Page 27 of 347 Start Date: 9/1/2017 End Date: 8/31/2022 Contract Value: $62,156.25 Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Ty pe Coirulu ac.t Description Plluase 2 Quote Broadcast GSA Cointract Page 28 of 347 4/�p 290 SW 12th Ave:., Suite I Pompano Beach,, FL 33069 EC13009779 rkr 1111 TINFIT, rl= City of Boynton Beach Financial Services Department PO Box 310 Boyritoii Beach, FL 334 25-03 10 WURT-41PIM 41" 11 =Iw �Dat'e Est imiate # 7/7/2022 3285 Item Description MY Rate Total GSA CONTRACT #GS -07F- 173 GA PHASE2 3 1,339 1 4,018.83 4 1,339.6,1 5,358.44 7 245.60 1,719.20 --------------------------- ------------- 7 232.75 1,629.25 95 110.83 10.528.85 ligg 11 25 110.83 17711.75 16 110.83 1,773.28 Subtotal 27,798.60 1 9,567775 9,567.75 II 7 14149 997.43 111 11�1'll'lllllllllllllllll';1 7 142.49 997.43 6 84.(7'1 507.66 6 8D.95 485.70 6 1510.28 901.68, This, is an estimate only, riot a contract - This estimate is completing the jiob listed above based On our evaluation- It does not include wiforseen price increases., discontinued pfoducts of additioual labnor and matenals which nut y be required should problems arise. This estimate is valid for 30 days. Phone # E-mail Follov m oril bloagrrain Broadc,,,ist Syste]ns (561) 578-4964 adniiii(q�,brcpadcastsysteiii,5iiic.,coiii Page 1 Page 29 of 347 .... . . . .... . . . . . . N,/I ': d 290 SW l2th Ave., Suite I Pompano Ede a c la, FL 33069 EC 13009779 WMI-711"EIT'r, =- City of Boyiitoli Beach Firiaricial Services Departrimit PO Box 310 Boyxitoii Beach, FL 33425-0310 Project Site 41" 11 =t - Date Estimate # 7/7/2022 3285 Item Description MY Rate Total 4 850.00 3,400.00 4 79.00 316.,00 1 89.00 89.00 7 85.00 595.00 1 5,300.00 5,300.00 1 5,500.00 5,500.00 3 LOOM 4,200.00 iiiiiiiii 1 1,500.00 1,500.00 far tt;l 34,357.65 This is an estimate only, not a contract. This estimate is completing the jiob listed abk oe based on our ontined products or additional labor and evaluation. It does not include unfonseen price increas,e&, discu Subtotal $62,15 T.25 materials which may be required should problenis arist. This estimate is valid for 30 days. SalesTax (0.0%) $0.00 Phone # E-mail FoRm%, tis oni Instiff gram BroadcastI. iyste:ins Total $62,156,.25 (501) 578-4964 adiiiiiiC4brcr�g,dcastsysteiiisiiic,.coiii Page 2 Page 30 of 347 T E M SD Broadcast Systems Nick Ehr July 7, 2022 Phase 2 Cameras Included Survey Page, l of 347 SYST S MIM 1 1 I I 1.,.. I SCHEDULE 84: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft, and Emergency/Disaster Response Contractor: CONTRACT: GS-07F-173GA VALID: 09/01/2017 — 08/31/2022 ER Tech Systems Group Inc. Dba: Broadcast Systems Address: 290 SW 12t" Avenue, Suite 1 Pompano Beach, FL 33069 Office: (561) 578-4964 Fax: (561) 658-0360 Point of Contact: Contract Admin :°SII°0AC',CAS i S" S i EIIN4S Website: www.broadcastsystemsinc.com Email: GSA@ broadcastsystemsinc.com Nicholas Ehr nick@ broadcastsystemsinc.com Pascale Ozelie Pascale@broadcastsystemsinc.com GS 07f n, G Page 32 of 347 GSA AWARDED TERMS AND CONDITIONS 1) AWARDED SINS: 334512 —Total Solution Support Products for Facilities Management Systems/Subject to Cooperative Purchasing 541330L—Security System Integration, Design, Management, and Life Cycle Support/Subject to Cooperative Purchasing 334290L — Physical Access Control Systems (PACS)/Subject to Cooperative Purchasing 561210SB— Smart Buildings Systems Integrator/Subject to Cooperative Purchasing OLM — Order -Level Materials 2) MAX ORDER GUIDELINES: 334512- $250,000 541330L - $250,000 334290L- $250,000 561210SB - $1,000,000 3) MINIMUM ORDER LIMITS: No minimum order. 4) GEOGRAPHIC COVERAGE: 334512 - Worldwide 541330L — 48 States, DC 334290L - Worldwide 561210SB - 48 States, DC 5) POINT OF PRODUCTION: Contact contract administrator for a complete list of production points. 6) BASIC DISCOUNT FROM LIST: Prices shown are net discount. 7) VOLUME DISCOUNT: Contact contract administrator for volume discount. 8) PROMPT PAYMENT DISCOUNT: None 9) GOVERNMENT PURCHASE CARDS: Government Purchase Cards are accepted at or below the micro -purchase threshold Government Purchase Cards are not accepted above the micro -purchase threshold 10) FOREIGN ITEMS: All products are in compliance with the Trade Agreements Act. 11) TIME OF DELIVERY: Standard Delivery: 7 to 14 DARO Expedited Delivery: Contact Administrator for Rates Page 33 of 347 12) FOB POINT: FOB Destination, Shipping included in price 13) ORDERING: Ordering address — Same as contractor address Ordering Procedures - For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14) PAYMENT ADDRESS: 290 SW 12th Avenue, Suite 1, Pompano Beach, FL 33069 15) WARRANTY PROVISION: Contact contract administrator for warranty information. 16) EXPORT PACKING CHARGES: N/A 17) TERMS AND CONDITIONS OF GVT PURCHASE CARD ACCEPTANCE: Accepted at and below the micro -purchase threshold 18) TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR: N/A 19) TERMS AND CONDITIONS OF INSTALLATION: N/A 20) TERMS AND CONDITIONS OF REPAIR PARTS: N/A 21) TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A 22) LIST OF SERVICES DISTRIBUTION POINTS: N/A 23) LIST OF PARTICIPATING DEALERS: N/A 24) PREVENTATIVE MAINTENANCE: N/A 25a) SPECIAL ATTRIBUTES: N/A b) SECTION 508: N/A 26) DUNS NUMBER: 079637089 27) NOTIFICATION REGARDING SAM: SAM Registration valid and current. 28) CAGE CODE: 7C6T7 Page 34 of 347 SERVICE PRICE LIST cal 71ncn Project Manager Per Hour $110.83 Labor rate for Project Manager Master Technician Per Hour $110.83 Labor rate for installation & services Access Control and Surveillance Systems System Design Engineer Per Hour $110.83 Labor rate for design & programming 541330L Project Manager Per Hour $110.83 Labor rate for Project Manager Master Technician Per Hour $110.83 Labor rate for installation & services Access Control and Surveillance Systems System Design Engineer Per Hour $110.83 Labor rate for design & programming Page 35 of 347 Consent Agenda 8/2/2022 Requested Action by Commission: Proposed Resolution No. R22-103 - Approve and authorize the nterim City Manager to sign a First Amendment to the Grant Agreement between the City of Boynton Beach and J & I Optical, LLC. Explanation of Request: The City Commission approved R22-069 on May 17, 2022, authorizing the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding for J & Optical, LLC, in the identified budget amount of $2,322.01. The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant up to $2,500 for expenses associated with marketing and/or developing an e-commerce platform. J & I Optical, LLC has submitted a final paid invoice in the amount of $2,449. This amendment to the Grant Agreement will add language that will increase the total available reimbursable grant funding to an amount of up to $2,500 to align with the grant program guidelines and reimburse J & I Optical, LLC in the amount of $2,449. How will this affect city programs or services? N/A Fiscal Impact: Increase grant funding available to J & I Optical, LLC. Funding is available in account 001- 2419-559-49.68. Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: $2,500 Page 36 of 347 Attachments: Ty pe D Addein duirn D Airneindirneint D Agireein,nent Description Resdbtioin appirNing Il:::::iirsti\irTIC�,iiidiryiieii,it to Giraint Agireeirrient with J & II Optical F:: Hirst Airneindirnent to Giraint Agireeirwient J &I ()pbcal Graf ntAgire�erneird. wl[h J II Optical, I I .0 FR22 069 Page 37 of 347 1 RESOLUTION NO. R22 -103 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 5 SIGN A FIRST AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND J & I OPTICAL, LLC; AND PROVIDING 7 AN EFFECTIVE DATE. 8 9 10 WHEREAS, on May 17, 2022 City Commission approved a Grant Agreement for 11 the Marketing and Digital Connectivity Small Business Grant Program funding for J & I 12 Optical, LLC, in the identified budget amount of $2,322.01; and 13 WHEREAS, the City's Marketing and Digital Connectivity Small Business Grant 14 Program was created to provide eligible new and existing small businesses with a 15 reimbursable grant up to $2,500 for expenses associated with marketing and/or 16 developing an e-commerce platform; and 17 WHEREAS, J & I Optical, LLC has submitted a final paid invoice in the amount of 18 $2,449. 19 WHEREAS, This amendment to the Grant Agreement will add language that will 20 increase the total available reimbursable grant funding to an amount of up to $2,500 to 21 align with the grant program guidelines and reimburse J & I Optical, LLC in the amount of 22 $2,449. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 24 OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption hereof. 28 Section 2. The City Commission approves and authorizes the Interim City 29 Manager to sign a First Amendment to Grant Agreement for the Marketing and Digital 30 Connectivity Small Business Grant Program funding increasing the grant amount to 31 $2,449.00 which is in line with the Grant Program of an amount up to $2,500.00, a copy of 32 the First Amendment is attached hereto and incorporated herein as Exhibit "A". S:ACA\RESO\Agreements\Grants\First Amendment To Grant Funding (J&I Optical) - Reso.Docx Page 38 of 347 33 34 35 36 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 63 64 65 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Grants\First Amendment To Grant Funding (J&I Optical) - Reso.Docx Page 39 of 347 FIRST AMENDMENT TO CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AMENDMENT made this _ day of , 2022 (herein "First Amendment") shall be considered as part of the Grant Agreement, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Ave, Boynton Beach, FL 33435 hereinafter referred to as "CITY", and J & I OPTICAL, LLC, a Florida Limited Liability Company, with a business address of 1034 Gateway Blvd., Suite 106, Boynton Beach, Florida 33426 ("GRANTEE"). CITY and GRANTEE may each be referred to herein as "Party" and collectively referred to herein as "Parties". WITNESSETH: WHEREAS, the Grant Agreement was approved by the City Commission on May 17, 2022; and, WHEREAS, Grantee submitted the required reimbursement documents to the City in the specified time with an amount greater than originally approved by the City Commission; and WHEREAS, the Economic Development Department is recommending amending the Grant amount in paragraph V of the Grant Agreement to be an amount no greater than $2,500.00; and WHEREAS, the Parties agree that the terms of the Agreement is modified such that the terms and provisions set forth herein shall be in addition to or to the extent of any conflict, the provisions herein shall take precedence. NOW, THEREFORE, the Parties agree the following provisions shall become an integral part of the Agreement between the Parties as follows: 1. The foregoing recitals set forth above are true and correct and herein incorporated by this reference. 2. The Agreement between CITY and GRANTEE, a copy of which is attached hereto and made a part hereof as Composite Exhibit "A," shall remain in full force and effect except as specifically amended herein. 3. Any language contained in this First Amendment, that is in 5tFikethFeug , type shall be deletions from the terms of the Agreement and language in underlined type shall be additions to the terms of the Agreement. 100481920.1306-90018211 1 Page 40 of 347 4. V. Grant Amount. The Parties acknowledge and agree that Paragraph V "Grant Amount" of the Agreement, is hereby amended as follows: V. Grant Amount The „ and Th. Twe and 01 /100 ($2 32 The total grant is , T ���� eed�en+. � 21�)11� equal to an amount no greater than Two Thousand Five Hundred and /100 Dollars ($2,500.00). S. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in the Agreement 6. Conflict. In the event of any conflict or ambiguity by and between the terms and provisions of the Agreement, this First Amendment, and the terms and conditions contained in this First Amendment herein, the Parties agree the terms and provisions contained in this First Amendment shall control to the extent of any such conflict or ambiguity. 7. Entire Agreement. These terms together with the Agreement and this First Amendment, all incorporated herein by reference, sets forth the entire understanding of the Parties and supersedes all prior agreements whether written or oral, with request to such subject matter. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY: ATTEST: Maylee De Jesus, MMC City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY {00481920.1 306-90018211 City of Boynton Beach 0) James Stables Interim City Manager Page 41 of 347 GRANTEE: J & I Optical, LLC. C" TITLE: DATE: 100481920.1306-90018211 Page 42 of 347 1 RESOLUTION NO. R22 - 069 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 5 SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,322.01 FOR J & I OPTICAL, LLC LOCATED AT 8 1034 GATEWAY BLVD. SUITE 106, BOYNTON BEACH, FL 33426; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant 13 Program was created to provide eligible new and existing small businesses with a 14 reimbursable grant for expenses associated with marketing and/or developing an e- 15 commerce platform; and 16 WHEREAS, the applicant will utilize the grant funds to directly market to build an 17 online platform where people can input or upload their eyeglass prescriptions and order 18 glasses; and 19 WHEREAS, Approval of this application will allow the City's Department of 20 Economic Development and Strategy to help local small businesses improve the quality 21 and effectiveness of their marketing to help reach a broader market. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 23 OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption hereof. 27 Section 2. The City Commission approves and authorizes the Interim City 28 Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small 29 Business Grant Program funding in the amount of $2,322.01 for J & I Optical, LLC located 30 at 1034 Gateway Blvd. Suite 106, Boynton Beach, FL 33426, a copy of which is 31 attached hereto and incorporated herein as Exhibit "A". 32 Section 3. This Resolution shall become effective immediately upon passage. 33 S:1CAIRESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (J&I Optical) - Reso.Docx Page 43 of 347 34 PASSED AND ADOPTED this 17th day of May, 2022, 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Coy'stal Gibson, MMC 57 City Clerk Mayor — Ty Penserga Vice Mayor — Angela Cruz v Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley - V/-., VOTE S TA T FS MA green) ents\GrantsNa rk et ing And Digital Small Humness Grant Funding, (W Optical) - Reso Doex Page 44 of 347 THIS AGREEMENT is made this day of2022, by and between tile CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY,"' and J & I OPTICA1, 1,11C —, hereinafter referred to as "Grantee," WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage ecoliornic, growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTE'' pursuarit to the ternis of this Agreement, WHEREAS, in order to justify the expenditure of" public funds and secure, the public's interest in the CTR ANTEE's fulfillment of its obligations, it, is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANT EE's performance of its obligations pursuant to the CITY's grant program. NOW, TUEREFOIM, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: GRANTEE'S PERFORMANCE OBLIGATIONS A. GRAN'TEE, agrees that it will perform, the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in, tile Application are deemed material representation of (lie GRANTEE, and failure to expend the grant funds as set forth in the CITYS grant program constitutes a breach of this Agreement, GRANTEE agrees that it is solely liable to tile CITY for performance under this, agreement, and that, in tile event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this AgrecinellL Page 45 of 347 T3, GRANTET' hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreernent, and that execution of each of these performance obligations is consistent with GRANTI.J."s mission. it. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the (,'I'f'Y to the GRAN'fEE only after the GRAN'FEE provides the documentation as required by the crr),. B, If the GRANTEE Fails to comply with any of the provisions of this Agreement, the may withhold, temporarily or permanently, all, or any, unpaid portion ofthe funds upon giving written notice to the GRANTE.E, and/or terminate this Agreernent and the CITY shall have no further funding obligation to the GRANTF.IE under this Agreement. (11. The GRAN]" E.: shall repay the C',ITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The (MAN]"EF" shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANIT"I' ceases to exist, or ceases or Suspends its operation for any reason, any remaining unpaid portion of" this Agreement shall be retained by the CTFY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTFJ- has ceased or suspended its operation shall be made solely by the CH"Y and GRANTEF, its successors or assigns in interest, agrees to be bound by the 0TY's determination. 1:". Funds which are to be repaid to the CFFY pursuant to this Agreement, are to be repaid by delivering to the CTFY a cashier's check the total amount due payable I to the City of'Boynton Beach within thirty (30) days of the CITY's demand. I", All corporate or partnership officers and members of'GRAN TEE are individually and severally responsible for refunding grant. Funds to the CfFY in the event of a default,. G. "I'lie above provisions do not waive any rights of the CITY or preclude the CTFY from P1.11-SUing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRAN'FEE fails to comply with the terms ofthis Agreement. K Page 46 of 347 111. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms ofthis (,ontract, other than payment of funds, then the rion-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENTREQUIREMENTS GRANTEE agrees to Submit the required reimbursement documents to the CITY within the specific timeframe set forth in the C'TI'YS grant program. V. GRANT' AMOUNT The total grant is Two Thousand Three Hundred and Twenty Two Dollars and 1/100 ($ 2,222.01 ). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the (.',I'I'Y deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and rec(:)rds relating to this Grant Agreement shall be subs-nitted to the UTY if requested. VIL PERFORMANCE Time is ofthe essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 9 Page 47 of 347 V111, INDEMNIFICATION The GRANTEE; agrees to protect, defend, reimburse, indemnify and hold the CFfY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. "flee GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANT I' aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CTI"Y, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 76 .28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. X INSURANCE GRANTEE' must provide the CITY Nvith evidence of insurance as lollows: general liability insurance - $ 1,000,000; Urnbrella - $1,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is COutillgent upon having funds budgeted and appropriated by the City ofBoynton Beach City Commission, X 1, REMEDIES This Agreement shall be governed by the laws of the State of Ilorida. Any, and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be Cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof'. j00306200 Y. W6.400 I K26 M( Nograu,, I I es fX96), Neev, a( Docwnveoop�, I enpNVDCOAFF6'162 MAR 430A-80', 'IF6444741 H,C,Boywo� B,ech 1678o 1Gma Apee,mW 00306206-2NcAk,a) Docx Page 48 of 347 XII. CIVIL RIGHTS COMPLIANCE The (jRANTEE warrants and represents that all of its employees are treated equally during employment Without regard to race, color, religion, disability, sex, age, national origin,, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of" an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or pat -ties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court COSIS (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which Such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof' to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder ofthis Agreement, or the application Of Such terms or provision, to persons or Circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT I TC he H"Y and the (JRANTEE agree that this Agreement sets Earth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, economic Development Manager City .ity of Boynton Beach Page 49 of 347 Page 50 of 347 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing iSyour business' way of communicating, delivering, and exchanging information about your company tOanaudience, It's your opportunity to create anarrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical t0have amarketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums Vfcommunication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the Shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business Loreach new customers. Especially during the pandemic, online businesses benefitted aSitallowed them tmstay connected with their customers astheir physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach abroader market. The City's Marketing and Digital Connectivity Small Business Grant was created to support new their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the bcnm "project" means the eligible marketing/e- commerce The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject tOfunding availability. The City VfBoynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives ofthe City's Department ofEconomic Development and Strategy. Page 51 of 347 • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one (1) commercial brick -and -mortar location in the City of Boynton Beach with an executed lease agreement. • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program, • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: Sponsorship fees Website hosting/maintenance fees Staff salaries Travel and accommodations Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Page 52 of 347 Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. Copy of corporate documents for the applying business entity. 5. Copy of executed multi-year commercial lease agreement. 6. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. Once eligibility is verified and all required documentation has been submitted, City staff will The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org/events/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2.022 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants Vol n1l Fffifin-TATSWO I 2, Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. Page 53 of 347 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City's Department of Economic Development and Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 54 of 347 Program Overview City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Markefing is yow busness' way of communicating, delivering, acrd exchanging information about )(OW'COMparly to an audience It's your opportunity to create a riairrative about your business, that you can showcase to your customers and potential CUstorners. As a srnall business owner, it's orritical to I'mve a marketing plan that can be effectively irnplemented utilizing different piatforrns to push your brand with the ultimate goal of generating more sales. With new rnediUryis of cornmunicafion, avaiiable piatforryis and economic shifts in conSUrner spending, the City also recognizes the importance of e-cornmerce for srnail businesses. E-connrnerce allows businesses to grow their, custorner base, genwate new sales, arid benefit from the slift in shopping from brick-and-rnortar to online. Having the ability to process sales directly online, builds your custorner, base by aHowing your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their custorners as their physical gocafion was shut down. With e cornrnerce YOLK Customers are no longer lirnited to those who can visit your brick -and -mortar location. The goal of this grant is to rielp locai small businesses irnprove the quarlty and effectiveness of their marketing to heGp reach a broader market MEMMEEM= The City's Marketing and Digital Connectivity SrnaH Business Grant was created to support new and existing smail businesses with marketing and/or developing an e-cornryierce COMponent to their business The City will provide eligible small businesses with a reimbursable grant for, expenses associated with marketing and/or the development of an e- cornmerce, platform for, their business. Eligible uses completed and paid for prior to grant approval wily not be eligible for reimbursement The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketingle,cornmerte Uses for which the applicant seeks grant reirnbursennent. The grant is awarded or) a first qualified, flmt-served basis. All appfications are SUbjecl to City Commission approval Submitting arm application to the prograrn is NOT a guaiantee of funding. All apinkcations are subject to funding availability, The City of Boynton Beach reserves the right to approve or deny any appHcafion and to deny payl'Mnt at any time if, in its sole arid absolute discretion, it determines that the business will not advance the goals and objectives of the City's Depa*nent of Economic Deveiopment and Strategy, ReqUired Documentation with Application Application packets must lnclude the following documentation: 1 Completed and signed application 2, W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt Page 55 of 347 4. Copy of executed multi-year commercial lease agreement or proof of ownership, 5, Written detae6ed description of your, project, and bUdget estimates, The project bUdget must provide a total cost for the project, Page 56 of 347 ME= EfigWility RequireMerItS * Business rnust be iocated within the City of Boynton Beasich city firnits * Business must have between 1 and 25 employees * Business must have at least one (1) coryinnercial brick -and -mortar location in the City of Boynton Beach with an executed iease agreement or proof of ownership. * Applicant must be a for -.profit privately h0d business. Nori-profit organizations and honie--based businesses are NOT eligible for funding through this program. * Must be properly licensed by all necessary ievels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (13TIR). NVEHIM The City must approve all eligible uses as indicated on the submitted application Eligible uses for grant funding under this program include, but are not limited to: o Development of a rnarkefing/scoW media plan a Design of marketing materials and content o Website design o Web promotions (e,g. Facebook ads) Print arid TV advertisements Social media development and assistance * Maiketing consultants * Brand arid logo design * E-cornmerce software and development * Equipment to support marketing efforts Ineligible uses include but are riot limited to: • SponsorsNp fees • Website hosting/mainten a rice fees • Staff salaries • Travel and accomrnodations • Office costs including rentIlease payments *Eligible uses completed and/or paid for prior to grant approval will riot be eligible for reimbursement. Grant applicants may apply for one or niore eligible use. The City reserves the right to approve or deny any use, in its sole and absoiute discretion, it deterrnines does not inset the interided goals and objectives of this program. Page 57 of 347 Addifior4 Information Approval of Funding Request Once eligibility is verIfied and all required documentation has been SUbmitted, City staff will place the application on the next available City Commission agenda for review and potential appiroval. The City Cornmission can approve or denial ,Any grant, application at its, sole discretion. The City Commission meets ori the first and third Tuesday of each month The schedule for City Cornrirdssion Meetings can be obtained at www,bo)(iiton-beach.orglevents/list. The applicant will be notified of the date and time their application will be presented to the City Commission, It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process, This program is designed as a reirnbursernent grant That is, all project costs must be paud for by the grant applicant prior to the City's funds being released Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Cornmission, Any work/costs associated with the project that was completed prior to receiving grant ap�proval Is ineligible for reirnbUrsernent. If approved, the applicarit will have until Septernber 1, 2022 to submit fore reirnbrnsernent The following docurnentation is required ter SUbmit for reirribursernent: 1. invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been rnarked 11 paId in full",- and/or 2. Canceiied check(s) showing the front and back of the cancelled check fou work that was completed as part of the project, 3. Other evidence of payment for, work cornpleted as part of the project. *No cash payments will be accepted as evidence in support of a request for reinibursernent NOTICE TO THIRD PARTIES: The grant application program does net create any rights for any parties, Including panties that perfonned work on the project. Nor shall Issuance of a grant r(mult in any obligation oil the part of the City of Boynton Beach to any third parry. The City is not required to verify that entities that have contracted with the appliicant have been paid in full, or that such entities have paid any subcontractors Irr fulfl. Applicant's warranty that all bills reiated to the Project for which the appheant Is directly responsible is sufficient assi,mance for, the City to award grant funding. Page 58 of 347 BUSNESS NFORMATION ErnaH * isaavnanah rrn@grnail,corn Business Address* Street Address 1034 gateway blvd Suite '106 Address Line 2 City boynton beach Postal / Zip Code 33426 Business Phone* 56,15034412 Business Status* 4, Existing Business Nurnber of Years in Existence 4 Square Footage 950 Current Location ILease Agreement* 4 Yes , No Monthly Base Rent $ 859.57 State / Province / Region FL Country USA cell* 561-702-2075 I J New Business Time at Current Location 4 Number of Ernployees* Type of Business* OPTICAL Mission Statement* Please provide a 2-3 sentence mission staternent for the applying business entity. Our ri,iission is to be able to sell prescription eyeglasses online. Since coved 1-nany people have turned to orilirre shopping niore then evei "This loan will give our company an opportunity to grow and tap into the online! warket to offer our PROJECT'DESCRIPTION Page 59 of 347 Eligible Uses* Please select all the eligible uses you are seeking grant reimbursement for Developirnent of a rnarketing/social rnedia plan Design of marketing rrmtedals and content Website design Web pror notions (e.g. Facebook ads) Print and TV advertisements Social media development and assistance Marketing consultants Brand arid logo design E-commerce software and development Equipment to support. marketing efforts Other Project Description* Provide a detailed description of your project. To build an online platform where people can input or upload their eyeglass prescriptions and order glasses. They can choose between dozens of stylish eyeglass frarnes. Even convenient features like virtual try on where people can try on frarnes right frons horne. Project Mipact* Provide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. This grant will help fund our transition into the econnnnerce spac e. by us building a website with t1he grant money. Millions of people choose to shop online each and every day. We will finally have the rneans to be right in front of the custorner online as soon as they are looking for glasses! Project's Total Cost* $ 2,500 00 TWA Grant FUnding What is the total grant amount you are requesting? Request* 2500,00 Estimated What is the estimated project completion date? Completion Date* 3/21/2022 APPLICANT NFORMATION Pdncipafflusones s Owner Name* Isaac rnanakihinnov 7, it le * OWNIER Ernafl* isaacmanahim@grnaiLcorn Phone* 5617022075 Add Prindpafflusiness Owner Other Programs* Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? Yes e No Mandatory Documents Upload Page 60 of 347 W-9 Form For a copy of a blank W-9 Form click this link. Uplo�id W9 GRAINTJ & I OPMAL.pdf 568A 8KB X Click here to download a blank VV -9 Form, Business Tax Copy of City of Boynton Beach Business Tax Receipt Reciept* I:io��d .4 J and I -,,-Rerit-,Iri(,rease–Lettei--,I 0-28-2021 .pdf 70,53KB X COn'ImerciM Lease Copy of executed multi-year commercial lease agreement Agreement (if applicable) I U i�� J and I - Lease Agreernent 2018.pdf 257MB Property Ownership Documentation showing ownership of the commercial property (if applicable) Fl�t—Fad.. Project Budget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. [ttiploadI website cost.pdf 2434KB X Grant Agreement* Please sign the attached Giant Agreement U � d J ploa Grant Agreernent.pdf 895 31KB Click here for a copy of the Grant Agreernent, Signature AppHeation Date* 2/21/2,022 Page 61 of 347 6.C. Consent Agenda 8/2/2022 Requested Action by Commission: Proposed Resolution No. R22-104. Approve and authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for 4 Reel Services Inc. located at 332 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33435. Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from 4 Reel Services Inc. located at 332 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33435. Their mission is "to provide OUR customers with the best service and quality of workmanship possible." The applicant will utilize the grant funds to advertise in two publications. The first is the "I n the Bite Magazine. This publication goes out to all the major fishing shops, brokers, fishing vessels and marinas around the world and is published 4 times a year. The second publication is "Florida Fishing Regulations." This publication has a circulation of five hundred thousand copies throughout Florida. It's a magazine that provides the rules and regulations of the Florida fishery, plus conservation and manufactured advertising. It is published twice a year. The funds will also be used to design additional marketing material for the aforementioned publications as well as website additions and printing costs. How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 21-22 via account 001-2419-559.49-68. 4 Reel Services Inc. will receive $2,500 from those budgeted funds. Alternatives: Not approve the grant application or use of funds. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Page 62 of 347 Is this a grant? Yes Grant Amount: $2,500 Attachments: Type D Addenduirn D GiraintA1jpplicatioin D Agireenient Description FResok.aO.Join appiro\Aing Marketing and Digital CoinnectkAty Sir nallll Business (..��ir,aiiitAgii°(,�eiineirit witl[i 4 FReel &.:1irvices, IIirnc, GrantApplication lReell Services II inc. Grant Agreern(,,,int 4 Reel Services IIirnc, Page 63 of 347 1 RESOLUTION NO. R22 -104 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 5 SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500.00 FOR 4 REEL SERVICES INC. LOCATED AT 332 W. 8 BOYNTON BEACH BLVD. SUITE 2, BOYNTON BEACH, FL 33435; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant 13 Program was created to provide eligible new and existing small businesses with a 14 reimbursable grant for expenses associated with marketing and/or developing an e- 15 commerce platform; and 16 WHEREAS, the applicant will utilize the grant funds to advertise in two 17 publications; and 18 WHEREAS, approval of this application will allow the City's Department of 19 Economic Development and Strategy to help local small businesses improve the quality 20 and effectiveness of their marketing to help reach a broader market. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 22 OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption hereof. 26 Section 2. The City Commission approves and authorizes the Interim City 27 Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small 28 Business Grant Program funding in the amount of $2,500.00 for 4 Reel Services Inc. located 29 at 332 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33435, a copy of which is 30 attached hereto and incorporated herein as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (4 Reel Services) - Reso.Docx Page 64 of 347 34 PASSED AND ADOPTED this day of August, 2022. 35 36 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 63 64 65 66 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (4 Reel Services) - Reso.Docx Page 65 of 347 Pirogirainn Oveirvilew C 1 T Y 01 F AIN&, 'AwRiL Clity of Boyintoin Beadh MairIke-fling aind Mglitall Coin inectlivity Simalill Busl�iness Giraint Pirogirairn Oveirviiew Marketing is your business' way of communicating, dellivering, and exchanging iinformalion about your company to an audience. It's your opportunity to create a narrative about your busilness that you can showcase to your customers and potentiall customers. As a small business owner, it's criticall to have a marketing plan that can be effectivelly impllemented utillizing different platforms to push your brand with the ulltilmate goall of generating more salles. With new mediums of communication, available platforms and economic shifts in consumer, spending, the City allso recognizes the ilmportance of e-commerce for sirnallll businesses. IE. -commerce allows businesses to grow their customer base, generate new salles, and benefit from the shift in shopping froirn brick -and -mortar to online. Having the abillity to process salles directly online builds your customer base by allowing your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physirall location was shut down. With e. -commerce your customers are no longer limited to those who can visit your brick. -and. -mortar location. The goall of this grant is to hellp Ilocall small businesses improve the quallity and effectiveness of their marketing to hellp reach a broader market, Avaiillalblle Ill'undifing The City's Marketing and Digitall Connectivity Small Business Grant was created to Support new and existing small businesses with marketing and/or develloping an e-commerce component to their business, The City will provide eligible small businesses with a reirnbursable grant for expenses associated with marketing and/or the development of an e. - commerce platform for their business. Eligible uses completed and paid for prior to grant approvall will not be elligilblle for reimbursement. 'The maximurri grant amount is up to $2,500, For the purpose of this grant program the term "project" irneans the eligible marketing/e-comrinerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first-quallified, first-served basis. All appllications are subject to City Commission approvall. Submitting an appllication to the program is INOT'a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any appllication and to deny payment at any time if, in its nolle and absolute discretion, it determines that the business will not advance the goalls and objectives of the City's Department of Economic Development and Strategy. Required Documentation With Alplpflicatiion Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax IReceilpt Page 66' of 347 4. Copy of executed multil.-year commerciall lease agreement or proof of ownership, 5. Written detailled description of your project and budget estimates, The project budget must provide a totall cost for the project. Page 67 of 347 Emm EfligiiNiflity Requifireirneints * Business Must be located within the City of Boynton Beach city limits * Business Must have between 1 and 25 ernployees * Business must have at least one (1) corrirnerciall brick -and. -mortar Ilocation in the City of Boynton Beach with an executed lease agreement or, proof of ownership, * Applicant must be a for-.-pr-ofit privately held business. Non-profit organisations and horne-based businesses are NOT eligible for funding through this progrann. * Must be properly licensed by all necessairy levels of government and pr-ofessionall associations or agencies, including City of Boynton Beach lBusilness Tax Receipt (BT'IR).. 1EIIiigiilblle Uses The City must approve all eligible uses as indicated on the subrinitled appllication. Eligible u se s'for grant funding under this program include, but are riot limited to: • Development of a rnarketing/sociall media plan • Design of marketing materialls and content • Website design • Web promotions (e,g. IFacebook ads) • Print and TV advertisements • Sociall media development and assistance • Marketing consultants • Brand and Ilogo design • E. -commerce software and development • Equipment to support marketing efforts Ineligible uses include but are not limited to • Sponsorship fees • Website hosting/maintenance fees • Staff sallaries • Travell and accommodations • Office costs including rentAease payments *Elligiblle uses completed arid/or paid for prior to grant approvall will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use, The City reserves the right to approve or deny any use, in its nolle and absolute discretion, it deterifnines does not meet the intended goalls and objectives of this program. Page 68' of 347 Iplpirovall of Funding Request Once eligibility is verified and allll required documentation has been Submitted, City staff willll pllace the appllication on the next available City Commission agenda for review and potentiall approvall. The City Commission can approve or deniall any grant appllication at its nolle discretion, The City Commission meets on the first and third Tuesday of each rrnonth. The schedule for City Commission Meetings can be obtained at..boyritori.-beach.org/evenf.sAisf.. The applicant will be notified of the date and time their appllication will be presented to the City Cornmission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions tfwe Commission rinay Ihave regarding their application. City ;staff will notiify tfwe applicant of approvall or deniall. IlReiiurrnbuuir eirmneirnt (Process This program is designer.) as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds willll be reimbursed excllusivelly for approved projects that have been paid for after the appllicant has received notification that their grant appllication has been approved by the City Cornrnission. Any workicosts associated with the project that was completed prior to receiving grant approvall is ineligible for reimbursernert. IIf approved, the applicant will have until) September 1, 2022 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1.. Invoices, receipts or other acceptable evidence of payrment'to vendors or consultants that have been marked °paid in full"; and/or 2.. Cancelled check(s) showering the front and back of the cancelled check for work that was completed as part of the project. 3. Other evidence of payment for work completed as part of the project. "INo cash payments will be accepted as evidence in support of a request for reimbursement. SUBMISSION of AN APPLICATION IS NOT A GUARANTEE of FUNDING DIN It is the respornsUhUUNty of the alppIIicant to READ AND UNDERSTAND ND aUU aspects of the Grant (Program Appftation and GuuudeHnes. ISO'TfIVE TfO TfHIIIIRICD IP IIR'TfIIIL , 'The grant alplplliicatiion (program daces not create any flights for any Ipartiies, iiunclluudiiuog Ipartiies that performed work on the )project. Noir slhallll iissu.uairnce of a grant ire:suullt in any a alblliiegatiioi norn the (part of the Ciity of Boynton Beach to army tlhiiird (party,. 'T he Ciity its snot irequuiired to veriiffy that ei ntiibies that Ihave contracted With the alplplliicanttt Ihave been Ipaiid in ffuullll, or that such erntiitiies have Ipaiid any subcontractors In Ifuullll.. Iplplliicannt''s warranty that allll Ibiilllls irellated to the IPropect for whiiclh the alplplliicant its diiirectlly ireslpornsiilblle its suulfffiiciien't assurance Coir the Ciity to award grant ffuundiing.. Page 69' of 347 BUSIHNIESS 11INIF011FRIMAT110IN Bushiness IMarmoe* (d/b/a if applicable) l4 Reel Fed IIID #* 45-5322314 Ernaill * 4ree1services�grnail. corn Bushiness Address * Street Address 332 VV Boynton brach Bllvd. Suite 2 Address Line 2 City Boynton Beach Postal / Zip Code 33435 Wellbsifte www.41reellservices.com Bushiness IFIlhone* 561 509 9055 Bushiness Status 'a) Existing Business IMuirnlbeir of Years iiin ILxiisteince 16 Square Footage 1,100 Curreinl: ILocatiion State / Province / Region FL Country USA Cell 11 * 561 704 1213 I ) New Business Thrne at Cuirreint. ILocatiion 7 ILease Ag reeirnent * '*) Yes r,,) No Monthilly (Base Rent $ 2,263.13 IM u irn The ir of 3 ErnIpIloyees* 'Tylpe of Busifiness S Corporation Miissiioin Statement* Please provide a 2-3 sentence mission statement for the applying business entity. Our mission at 4 Reell Services is to provide OUR custorners withr the best service and quality of workmanship possilblle. F)IROSECT IDIESCIR1111F)TISIN Page 70' of 347 Elligii1bIle Uses* Please select all the eligible uses you are seeking grant reimbursement for Development of a marketing/sociall media plan Design of marketing materials and content Website design Web(promotions (e, g, IFacebook ads) V) Print and TV advertisements Sociall irnedia development and assistance Marketing consultants Brand and Ilogo design E-commerce software and devellopment Equipment to support marketing efforts Other Project IDescriilpdoin Provide a detailed description of your project. Our expansion in marketing woulld represent printed advertising in two publications. The first is the "In the IBite Magazine". This publlication goes out to All the major fishing shops, brokers, fishing vessels and marinas around the world and is published 4 times a year, Project Ilirnlpact* Provide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. We have been advertising in In the Bite Magazine" for over a year on a smaIll ad basis in the back of the issue. Although the results have very been positive, we woulld Ilike to be positioned in a more noticeable area of this magazine, this woulld require a larger formatted ad,. Based on our experience and ROII thus far, we woulld expect to realize a 50% increase in business revenue. With the larger ad Project'sTotall Cost* $ 3,400.00 'Total) Grant IFiandiing What is the total grant amount you are requesting? IRequest* 2500.00 EsHirnalted What is the estimated project completion date? CoinnIpIletion Date* 6/30/2022 A11:11PIDICAINT 11INIFOIRIMAT110IN 1:3irlincillpall/lBusliness Owineir Marne* Peter Billardellllo THIle * President Emaill * 41ReellServices@gmaill.com ((Thorne* 561 704 1213 Add Principal/Business Owner Otheir Programs Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? ',,) Yes ;fit No Mandatory Il ocuirneinU(p)load Page 71'of 347 W-9 IForim For a copy of a blank W-9 Form click this link. UpIoad W9 4RS --- 000062. pdf 842.39KB Siginature* Sign AppIlication Date* 6/5/2022 Page 72 of 347 Click here to download a bllank W-9 Form, Business'Tax Copy of City of Boynton Beach Business Tax Receipt RecielpIt* Upload CITY OF BOYNTON BEACH 2022 TAX X 271.29KB RISC EIPT-000060.pdf Corwirneirciall Ilea se Copy of executed multi-year commercial lease agreement Agireerneint (if UpIoad appllicalblle) LIEASIE 2022,_ 000061. pdf 467.82KB X Property Ownership Documentation showing ownership of the commercial property (if applIhicalbIle) Upload Project Budget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. UpIoad Budget request to City of (Boynton Beach 06-05- X 75.391KB 2022,docx Grain It Agireerneint Please sign the attached Grant Agreement UpIoad 41RS GRAIN T APPLICATION CIBB --- 000063.pdf 2.81MB X Click here for a copy of the Grant Agreement. Siginature* Sign AppIlication Date* 6/5/2022 Page 72 of 347 THIS AGREEMENT k made ITthis his day of-)"oa I cl_, 2022, by and between i. — the CITY OF BOYNTON BEACH, a Florida municipal , rporation, hereinafter refi rred to as "CI TY,"and r hereinafter referred to as "Gralnee." W ITN E S S E T H: WHEREAS, it is the policy of the CITY to stimulate and encourage economic groNvth within the arrs ITILIt'licipal bOUndaries; and WHEREAS, The ("ity of Boynton Beacli Marketing and Digital (.7onnectivity Small Basine,s,s Grant pro ;rain provides (,ity funding to support now and existing small busincsses with marketing and/or developing an e-commerce component to their business; and 'WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRAN'rEE pursuant to 'the terms of this Agreement. WHEREAS., in order to 'justify the expenditure Of"PUblic funds and secure tile public's interest in the GRAN'fEE's fluffilltnent of its obligations, it is the intent of the C11 -y' to enter into this Agreement with the GRANTEE to insure GRANTU'I's perlorniance of its obligations pursuant to the Cll'Y's grant program. NOW,THEREFORE, in consideration of the premisesand InUtual covenants hereinafter contained, the parties hereby agree as follows: L GRANTEE'S PERFORMANCE OBLIGATIONS k GRANTEE agrees that, it will perforrn the business activities as 111ore specifically set forth in GRAN'rEE.,'s (yrant Application. Representations contained in. the Application are deemed material representation of the GRANTEE and fiailure to expend the grant funds as set forth in the, (,'TfY'S grant program constitutes a breach of this Agreement, (IRANTEE agrees that it is solely liable to the UTY for perf'ortnanCO under this Agreement, and that, in the cvent of default: as solely determined by the City, GRANTEE will, as more specifically acct fordl 11crein, refund to the ct'ry monies paid pursuant to this Agreetrient. i'l Page 73 of 347 B, C;RAN'rr!J".,, hereby certit'jes that it has or NviH retain adequate staff. to OVel'SeC execution. ofit,,., performance obligations under this Agreement, and flial execution of each of these pedormance obfigations is consistent with GRANTEE's mission, IL PAYMENT PROCEDURES, CONDITIONS AThc GraW funds avaflable pursuant to this Agra en"wnt will be, paid by ffic (TIN'to the GRANTEE only afler the ORANTF1 provides the docrimentation as reClUired by the CF'rY, B, If tlac, GRA,NTEE fails to eojnpy with any ofthe provisions of this Agreement, the CITY rnay wilhhold, ternpormfl.y or pennanendy, all, or any, unpaid portion (Alhe fundS Ur)011 giming written notice to the GRANFEE, Emd/or tennimate this Agreement and the (I'll'Y shaH haveno fimber Rinding obligation to the GRAN,rEE under diis AgreerncnL `T'he GRAN'fEE, shafl repay the CITY for afl unauthorized, iflegal or unlawful receipt of" Fund,,,,', including , ufflawful and/or ora atilhorized reccipt of' Funds discovered after the expiration of this Agreement. 'Fhe GRA10"E[., shall also be liable to reiniburse ffie CITY for any lost or stolen ffinds, DIn the event the GRiW11,Ceases (() exist, or ceases or suspends its operation R)r any reason, any remaining unpaid portion ofthis Agreement shall be relained by the CITY and Elie CH-)" shall Nne no furlher ffinding obhgation w CIRAN'FEE lvith regard to those unpaki funds, 'Fhe determination that Ifie GRAN'J'E1-,`has ce,ased or Suspended its operation Shall bc made solely by the, C"FUN' and GRAN]'hof , its successors or assigns in interest, agrecs lo be bound by the CITY's determina14.ml, f".", 1"'Unds which are to be rcj,-),Jd to the CFFY to this Agrocincnt, are to be repaid by delivering to the CT"FY as (.,,,ashicr's ch(,,xk for the tolal amount due payable to the C)tv Of Boymon Beach within thfily (30) dayof thea C'J'J'Y's dernarid, I:" All corporate or parinership officers and meinbers of'GRA^qnf.," are individually and severally responsible for reftinding grant funds to the C]TY in the event ol"I Gj,he "Glover tbr°oviaaionu do not waive any rights, of the CFFY or preClUde the CITY I'Mffu JXINUillg carry Othff rcmcd, which may be avaflablc to it under 1mv. Nothing conwined herein shad act as as hinitation ol I ffic, C"ITY's right to be repaid in the event the 6F0,NTE1,' faik to comply uvith the tenns ofthis Agreenient, 2 Page 74 of 347 JIL DEFAULT/TERMINAr)[ON A, In the event that as party fails to comply with the terins of this Contract, other than payment of fitrids, then the non -defaulting party shall provide to the defaulting party notice of the delatilt and the defaulting party shall have ten (10) (lays �vithin which to initiate action to correct the default, and thirty (30) (lays within which to CUre the default to the satisfaction of the nor-del"aulting party, B, In the event that. the defaulting party (:ails to cure the default, the non-defaubing party shall have the right to terminate this Contract. The efFective date ot-' the termination shall be the date of the notice oftermination. IV, REIMBURSEMENT REQUIREMENTS GRANTEE agrees to Submit the required reirnbUrsenient documents to the CITY within the specific tiniefrarne set forth in the C.11"'Y'S grant program. VGRANT AMOUN'T -1� A Thc total grant is Thousand Dollars VL FINANCIAL, AC"COUNTABILITY, REPORTS AND ALJDrrs *rj,ie (.I,i,r,y may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE perfornied by City staff or an independent auditing firm employed by the cxrY at any time the ITY deerns necessary to determine the capability of the GRANTEE to fiscally manna the grant award. Upon completion of all tasks contemplated under this Agreenient, copies of all documents and records relating to this Grant Agreeniont shall be submitted to the (:`l TY if requested. VII, PERFORMAWE Time is ofthe essence with regard to pci-f'ormance as set forth in this Agrcernent and failure by Gyl�.ANTEE to complete performance within the times specified, or within a reasonable time ifno tirne is specified herein, shall, at the option of the (71TY without liability, in addition to any ofthe CITY's rights or remedies, relieve the C. of any obligation Under this Agreement. M Page 75 of 347 VIII., INDEMNIFICATION The CF'RAN'rtEE agrees to protect, defemd, reimburse, indemnit"Y and hold the CITY, its agents, its einployces and elected officcrand each of them, Ime and harniless at aII times froai and against any and all clahns, fiability, expenses, losses, coqts, fines and damages, 61C]Uding attorney's C,,cs, and causes ofaction, ofcvery in and characteragainst and froln CITY which maY arise, Out ofthis Agreeinent, rtie 61 ANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowlcdges the receipt Of geared a11)d VaILMble considcration provided by 111c ITY in support of' diis obligation in accordance with the laws, of the State of Florida. GRANTFIE's, aforesaid indeninity and hold harmless o[fligalions, or portions or appliewions thercol', shall apply to the fullest cmenpernimcd by law bUt iD 110 CIVCM shall they apply to !lability caused by the negligence or willful misconduct of I the ITY, its respective agents, servants employees or officers, nor shall the liability limfts set forth in section 768,2 8, be waived, This paragraph shafl survive the ternlim"Ition ofthe Agreetnent. �X INSURANCE inust provide thc crry" mo, evi(,ience onnSLII'W')CC aIs fbflows; gcncral hability insurance - S 1,000,0001 - 'S 1,000,000, -,and evidenct ofauto kability insuranc e. and worker's compensation insurance. X. AVAILABILITY OF FUNDS The C11"Y's obligation to pay under this Agreement is condligent upon having furld's by the CIty of Boynton Beach C',ity COM1,11ISS10111 XL REMEDIES 'I"his Agreenicni shafl be gmerned by the laws cA'Ihe State of F'Ioriaa, Any and all legal action necessary to enforce the, Agreenwnt will be hCId ill PaIIII BeaCh ("OUnty, No rerrwdy hercin e;orifclrred upon any pally i^.,; inICIOCd to be exclusivc ofarly other renwdy, and each and eVCI'Y' SUCh rernedy shall be cumulative aml shall be in addition to every other reinedy E iven hereunder or now or hereafter existing at Naw or in equity or by statute or otherwise, No singic or partial exercNe by any party ofany right., power, or rcniedy hey,oundershall PNCIUde any oet (:)r fi.irther exercisc therclof, ((Voko(,'06 ' iW, AXIPQ I p( Pw,mm h,(XV,) Nec% I a E "m mp NVM u) A fJ 65(,21, W48 WA� 6C B Be", h Ytk`"h,} Omm 2�mAW,,q Doo Page 76 of 347 XIL CIVIL RIGNTS COMPLIANCE The GRANTEE warrantsand represents that all of its employmare lreatcd cqually during employrnent without regard to race, color, religion, disabifily, sex, age, national origin, afteestry, rruwriW status, or Sexual orientation, X111. FEES, 'OSTS If army lcgal action or other proccetfing is brought 1br the enJ'(',)rccnwn1 of this Agrecnicni, or be(,,muse of an alleged disputo, breach, deflault or misrepresentation in connection with any provisions ofthis Agreement, the, successfid or prevailing party or parties shall be entitled to rec.over reasonable attorncys' couxt costs and a.11 expenses (including taxes) ev'en if'not taxable :IS COUrt costs (including, WithO Lit, firnitafloti, all such fees, cosk and expenses incideat to a,ppeals), irtcurred in that action or procceding, in addition to ally other relief to which such party or parties may be eWifled, provided, lu.)Avever, that this clause pertains ordy to the parties to this Agreement, XIV, S11.NERABILITY fl' any lean or provision of this Agrccmviv, or the applicadon therc,01, to an person or circurnstances shall, to any extent, be held in.valid or LMCIII'orceatle, the reinainder ofthis Agrecrunt, or the al: plicatkm Of'SUCh WMIS 01- PMVISi011, 10 pef'SWIS 01- CiNM11'..4a11CCS Odl(Ar than thosc, as to whic]"i itis invalid 01- UMM01-Mable, shall not be affectcd, and evcry Other term arld provi"sion ofthis Agreernew stiall be det,rned valid amJ enforceable to the extent perrnitled by baw, XV. ENTIRE, AGREEMENT J"'he C11Y and the (J RA,N'TE I'-" agree that this, Agreement sats fbrth the crifire Agreement belween the pardes, andflial 1h re are nopromises car~ underslandings o1herthan diose st,"Ited hercinr None of the provisions, torms and conditions contained in this Agreement weary be , a( .1ded to, nu dified, sur-orseded or othcrm,ise ahered, except b'y written instrument executed by the parfics hercto, XV1. NOTICE All notice required in this Agreement shall be sent by certifie(J rniffl, return receipt rrocluec ted, and ifsent to the ("ITY shaH be mailed to: John Durgait, Econonflc I )ewelopment Manager. City of'Boywon Beach Page 77 of 347 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 Michael D. (.",'irullo, Jr,, City Attomey Goren, Cherol'. Doody & Enrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, Fl, 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written, By�.— Print:– Name: ATTEST: Maylee De Jesus, MMC, City (..'.Ierk APPROVED AS TO LEGAL FORW ofthe City Attomey Print Name: 2, ="'-�Zcry 6 Title: (CORPORATE SEAL) Page 78 of 347 6.D. Consent Agenda 8/2/2022 Requested Action by Commission: Approve minutes from the July 19, 2022 City Commission Meeting. Explanation of Request: The City Commission met on July 19, 2022, and minutes were prepared from the notes taken at the meetings. 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: There is no fiscal impact to the budget from this item. 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 Description Ui nutes (:. oirnnniissio n IIee� iirnt IMiirmutes 07..t0..2 22 Page 79 of 347 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, July 19, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga James Stables, Interim City Manager Kathryn Matos, Asst. City Manager Andrew Mack, Asst. City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:03 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Rabbi Michael Simon, Temple Beth Kodesh Invocation was given by Rabbi Michael Simon. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga stated that he would like to add the following: a possible additional homestead for low income seniors for the Future Agenda; add under Unfinished Business, 10B, next steps of the City Managers Process.; under New Business, a preliminary ordinance on helping renters; and as item 11 E, an announcement for closed door session for litigation issues. Vice Mayor Cruz removed item 10A from the agenda. Commissioner Kelley asked to have an update regarding the Advisory Board Member attendance, under Future Agenda. She stated that she wants to discuss Advisory Boards submitting an annual report to the Commission as well. Page 80 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Commissioner Hay asked for an update on the SJ Case as soon as possible. Interim City Manager Stables stated that it is still pending investigation and is not ready. Adoption PI Rt M., Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Hay stated that he had no disclosures, and announced that on June 16, 2022, he helped out with Feeding South Florida. He stated that on June 18, 2022, he attended the Economic Development Public Input Meeting. He said that he was on a zoom session with the Neuro Behavior Hospital, and they will be having a grand opening, here in Boynton, at the end of August, and he would like for the Commission to be involved in this. Vice Mayor Cruz stated that she had no disclosures. Mayor Penserga stated that he had no disclosures. Commissioner Turkin stated that he had no disclosures. Commissioner Kelley stated that she had no disclosures. Commissioner Turkin shared concerns regarding staff as follows: delay in getting an answer regarding being allowed to continue receiving funds during his runoff election; a delay in information on shots that were fired in front of his house; speeders in the community, and staff says they are working on it, but he has to be the one to follow up; being provided an older budget prior to the budget hearings instead of the up-to-date one. road repair issues in Chapel Hill; My Civics App information was inaccurate for the last 3 months; and funds for items that should be prioritized for the community being used towards other items such as firetrucks. He stated that he is requesting help from the Commission to hold staff accountable. Vice Mayor Cruz stated that during the budget hearings she was concerned that there were no park funds in the budget. Commissioner Hay stated that he has been asking for a lot of things for years from staff as well, but he wants the rest of the Commission to understand that they are not always Page 81 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 going to get what they want, and they might have to start calling out names. He commented that it is a two-way street, we need to support staff and they need to support the Commission, even if it takes a workshop with staff to make it happen. Commissioner Turkin agreed. 3. Announcements, Community and Special Events and Presentations A. Recognition of Intentions Enterprise as a new Inclusion Works Business Partner by Stephanie Soplop and Ted Goodenough. Mayor Penserga read the recognition into the record and introduced Stephanie Soplop, ADA (Title II) Coordinator, and Ted Goodenough, ADA Coordinator Assistant. Ms. Soplop explained what Inclusion Works is, and stated that they have recently made the application easier for businesses to apply. Mr. Goodenough introduced himself and his guide dog. He further explained Inclusion Works and introduced Christine Roberts from Intention Enterprises. Christine Roberts Kelly introduced herself and her company. She thanked staff and her husband for their support, as she builds her business. B. Recognize July 26, 2022 as the 32nd Anniversary of the Americans with Disabilities Act (ADA). The proclamation will be accepted by Stephanie Soplop, ADA Title II Coordinator, Ted Goodenough, ADA Coordinator Assistant, and members of the City's Inclusion Support Team. Mayor Penserga read the proclamation into the record. Ms. Soplop and Mr. Goodenough accepted the proclamation. Ms. Soplop explained the history of the ADA and her staff that is part of the inclusion support team. She talked about the staff training that her staff receives. Mr. Goodenough stated that he also does training and on Tuesdays or Wednesdays, he sends out emails to all of City staff regarding knowledge about inclusion. He stated that he will be going to the camps this week to show the kids braille and what a guide dog can do. Ms. Soplop stated that they have a donation box in the City Hall lobby for aZul Fashion, Art & Design, which is a program for adults with intellectual and development disabilities, and she introduced Beth Wagmeister, Business Outreach Specialist. Ms. Wagmeister introduced herself and thanked the City for their commitment to the ADA, and said that we are the only City that is this inclusive. Page 82 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Mayor Penserga recognized staff that were instrumental in pioneering ADA in the City. He spoke about Future 6, a nonprofit organization that brings therapy to kids on the spectrum, through surfing. Vice Mayor Cruz volunteered for the cleanup in parks. 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) Mike Fitzgerald spoke about inaccuracies regarding the public notice for the Community Development Block Grant (CBDG), and said that this should not be on the consent agenda. Cindy Falco Di -Corrado spoke about Roe vs Wade being overturned and that we should have a day set aside to recognize it. She requested that September be Heterosexual Month and showed an American flag on her phone that could be the flag as a symbol. She said that it is against the Sunshine Law for emails to go to former Commissioners. She talked about drug deals going on in her community, and stated that she wants a park in Forest Park. Rick Nocar spoke about a motocross park that he could build on a piece of property that is owned by the County. He talked about speeders and being in an accident 2 weeks ago and how bushes obstruct people from seeing other vehicles and people. John Dane addressed concerns regarding Snug Harbor residents coming to a meeting a few months ago and they were given more time to speak than residents from District two. He spoke about the SJ Case. Shannon Thompson, mother of Stanley Dale Davis III, spoke about the SJ case, and she asked for answers about the case. She stated that the City settles lawsuits instead of digging into the root cause of the problems. Bryce Graham spoke about the SJ case and asked for answers and an update about the case. Bishop Bernard Wright piggybacked on what everyone said regarding the SJ Case and asked for an answer on their concerns early in the meeting, and he spoke about disparity. Wesley Schuler spoke about Florida Statute 112.532 relating to the Police Officer and the investigation passing 180 days, and stated that they want an update tonight on the SJ Case. Ernest Mignoli spoke about the SJ Case, and said that it keeps him awake at night and that the City is in big trouble. 4 Page 83 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Virtual Comments: Ramona Young spoke about speeding on Federal Highway and loud car noises. Michael Brunson spoke about the quality of life issues, walking down sidewalks and being unable to go down certain streets with a wheelchair due to overgrown vegetation. Lawrence Pierce spoke about the SJ Case, and said that the family deserves an answer tonight. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Mayor Penserga read the available positions on the different advisory boards. Motion: Vice Mayor Cruz moved to appoint Nicole Pardo to the Education and Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Ratify the selection of Dr. Valerie Valcourt as the Chair and Lori Wilkinson as the Vice Chair of the Education & Youth Advisory Board. Motion: Commissioner Kelley moved to select Dr. Valerie Valcourt as Chair of the Education and Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Accept the written report to the Commission for purchases over $10,000 for the month of June 2022. B. 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 July 19, 2022 -"Request for Extensions and/or Piggybacks." C. Proposed Resolution No. R22-099 - Approve First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. 9 Page 84 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 D. Proposed Resolution No. R22-100- Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) Five -Year Consolidated Plan for FY2022-2026 and the First Year Annual Action Plan for FY2022 and authorizing the Interim City Manager's execution of the required HUD forms and certifications. E. Proposed Resolution No. R22-101 - Approve Third Amendment to Community Development Block Grant (CDBG) Citizen Participation Plan, to modify Consolidated Plan amendment section, to adjust threshold for invoking substantial program amendment, changes required per federal regulations at 24 CFR Part 91.220, regarding changes to the Annual Action Plan. F. Legal Expenses - May, 2022 - Information at the request of the City Commission. No action required. G. Approve the piggybacking of the NASPO Contract number 43230000- NASPO-16-ACS-SVAR, which satisfies the City of Boynton purchasing policy and issue a purchase order for the software subscription renewal purchase of Qualys advanced threat detection and patch management software for the annual cost of $48,330.00 H. Approve minutes from the June 25, 2022 City Commission Workshop Meeting, and the July 5, 2022 City Commission Meeting. Commissioner Turkin pulled items 6c through 6e from the consent agenda and 7a and 7b. Motion: Commissioner Kelley moved to approve the consent agenda. Commissioner Turkin seconded the motion. The motion passed unanimously. 6C: Proposed Resolution No. R22-099 - Approve First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. Mara Frederiksen, Director of Financial Services, explained the CBDG Funds and where they have been allocated. She stated that they are asking for the amendment to repurpose the funds to purchase a firetruck. RJ Ramirez, Community Improvement Manager, reiterated what Ms. Frederiksen stated, and said that they are working with a deadline from Housing and Urban Development (HUD) by August 2nd Page 85 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 There was discussion regarding what activities the funds can be used for. Commissioner Turkin stated that they do not know what they can use this money on, and it is in front of them 2 weeks before the deadline, and asked where was the ball dropped. Mr. Ramirez explained that using the funds for the firetruck is their recommendation, after speaking to different departments, but if not, they can work with HUD on an expenditure fund, which has to be done by August 16. He commented on what they have used the funds for in the past. Mayor Penserga thanked Mr. Ramirez for his hard work. He asked about the expenditure plan. Mr. Ramirez explained that HUD will give them guidance and he has to explain what the projects are that the funds will be expended on. Mayor Penserga asked why we have left over funds since the need of the community is great, and what we have spent it on. Mr. Ramirez explained the timeline for allocation that is given by HUD and what you can spend it on. Commissioner Hay asked about the Fire Assessment Fee, and if it could be used for other things besides redevelopment. Ms. Frederiksen explained what the CBDG funds can be used for, and stated that it cannot be used to directly offset the Fire Assessment Fee. Mr. Ramirez further explained what the funds could be used for. There was discussion regarding the following: why they are requesting the funds for a firetruck instead of other priorities; purchasing land to build properties; emergency rental assistance; assistance for down payments with the State Housing Initiatives Partnership Program (SHIPP); and using the money to help low income disabled Veterans. Commissioner Turkin stated that he would like a review with this ahead of time instead of at the meetings. He said that he will not be recommending to purchase a firetruck with these funds. He asked if solar panels are already budgeted or if they are just a recommendation. Mr. Ramirez stated that it was an activity that was being recommended by one of the staff members. He explained the homeownership assistance activities that the funds can be used for. Page 86 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Commissioner Kelley stated that we need to do better, because the community needs the money instead of us sitting on funds. She asked about the deadline, if we can get an extension and if there is a penalty. Chris Plummer, CBDG Consultant, stated that the deadline is solid and explained what will happen if they do not use the funds. Gary Causey, CBDG Consultant, joined virtually and explained the statutory requirement and deadline, and said that there are no exceptions. He recommended submitting it to get it in by the deadline and then amending it at a later time. Commissioner Hay stated that it is hard to believe that so many years later and they are just finding out about these leftover funds. He stated that he will not be voting for the firetruck, and named other priorities in the City that he would like to see the funds go towards. There was further discussion regarding the following: the amendment and the consolidated plan, and their deadlines; and the considerations of other activities for the uses of the funds. Mayor Penserga stated that he does not want to see an agenda item come before them with such a short deadline. He said that there's consensus to not use the funds on a firetruck and asked for options to be brought back to the next meeting. Ms. Frederiksen stated that due to publishing deadlines, we might not make the next meeting, but to the following meeting. Motion: Commissioner Turkin moved to table this item until August 16th meeting. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Cruz asked why none of these entitlement grants were discussed in the budget meetings. She said that we are one team and we should work together and be more transparent. She asked for a report on entitlement grants, so that they can be proactive, not reactive. Ms. Frederiksen stated that they are not budgeted funds, which is why they are not part of the budget, and she further explained why they are not included. Vice Mayor Cruz stated that she would like to see this discussed in the budget hearings moving forward. Commissioner Kelley suggested an annual update sooner in the summer so that they are not so close to the deadline. I Page 87 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 6D: Proposed Resolution No. R22-100- Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) Five -Year Consolidated Plan for FY2022-2026 and the First Year Annual Action Plan for FY2022 and authorizing the Interim City Manager's execution of the required HUD forms and certifications. Mayor Penserga read the resolution by title. Mr. Plummer showed a PowerPoint presentation and explained the 5 -year consolidated plan as follows: Consolidated Planning (Con Plan) Process; what does the Consolidated Plan require; source of data analysis; basis of Priority Needs Analysis; FY 2022-2023 consolidated plan priority needs; and what is the annual action plan. Mayor Penserga clarified the two parts to this item. He asked if a portion of the first year is allocated to a firetruck. Mr. Ramirez stated that was the intention. Mayor Penserga stated that he would like to amend that first year to remove the funding for the firetruck. Mr. Ramirez explained the plan, and said that it is just a draft, so he can make the change. He explained the proposed uses of the CDBG funds. There was discussion regarding allocating funds over the next five years and the process with HUD. Attorney Cirullo asked for clarification if they would like to decide where to allocate the funds tonight, and move the money at a later date. There was consensus to allocate the funds into affordable housing and public improvement. There was discussion in regards to what areas in the City and who the affordable housing can go to. Commissioner Hay moved to approve item #6D, with the plan amendment to allocate half the funds to the affordable housing and half to public improvement. Commissioner Turkin seconded the motion. The motion passed unanimously. 6E: Proposed Resolution No. R22-101 - Approve Third Amendment to Community Development Block Grant (CDBG) Citizen Participation Plan, to modify Consolidated Plan amendment section, to adjust threshold for invoking substantial Page 88 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 program amendment, changes required per federal regulations at 24 CFR Part 91.220, regarding changes to the Annual Action Plan. Mayor Penserga read the resolution into the record. Mr. Ramirez explained what this item is for, and gave an example of this. Motion: Commissioner Hay moved to approve item #6E. Commissioner Turkin 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 July 19, 2022 -"Request for Extensions and/or Piggybacks." B. Approve the purchase of one (1) replacement vehicle contingent on City Commission's approval of staff recommendations of the usage of CDBG funds (CDBG FY -2021 Substantial Amendment recommendation to use CDBG accrued funds totaling $1,072,040 and CDBG FY2022/23 - Public Improvements — Purchase of Fire Equipment Activity $231,930), for an estimated amount of$1,303,970 by utilizing the Sourcewell contract 113021-SUT. C. Approve the purchase of two (2) replacement vehicles (ambulances) that were approved in the FY21-22 budget by utilizing the Sourcewell contract 022118 -PLC for an estimated amount of$1,068,839.12. D. Approve an increase to the estimated expenditure with MacMillan Oil Company, LLC of Hialeah, FL from $1,000,000 to $1,400,000.00 per the City of Delray's Agreement ITB #2017-047 due to fuel price increases. The City of Delray's bid process satisfies the City's competitive bid requirements. E. Proposed Resolution No. R22-102 - Approve and Authorize the Mayor to sign a First Amendment to the Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO) Community Development Block Grant -Mitigation (CDBG-MIT) program awarded in the amount of $2,100,000 for the East Water Treatment Plant Generator Replacement Project. 10 Page 89 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 F. Approve an increase of spending in the amount of $65,000 with Brenntag Mid -South, Inc. for Sodium Hydroxide used in Water Treatment, for a total of $284,000 for Fiscal Year 21-22. Interim City Manager Stables stated that they would like to withdraw 7B. Motion: Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Turkin 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 Planning Agency and City Commission. 9. City Manager's Report- None 10. Unfinished Business A. Human Resources will provide an update on the City Manager Search process. Mayor Penserga stated that the Commission has the list of applicants and he would like to have the Commission narrow it down to the top 5, and at the next meeting they can talk about it. Attorney Cirullo asked for clarification if they will announce their top 5 and pick the top 3 at the August 16th meeting. Commissioner Turkin stated that he is displeased with the process and has his narrowed down to 3, and would like to have the top 3 at the August 16th meeting. There was consensus for the Commissioners to each bring their top 5 candidates, and narrow it down to the top 3 candidates at the August 16, 2022 Commission Meeting. 11. New Business A. Proposed Resolution No. R22-096 - Adopt a Proposed Millage Rate of 7.8500 mills. Attorney Cirullo stated that these next three items are follow ups to the budget Page 90 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 hearing, and explained the resolutions. Mayor Penserga stated that he is happy that we are gradually bringing down the millage rate. Vice Mayor Cruz stated that we are taking a step in the right direction. Mayor Penserga asked for Public Comment: Cindy Falco Di -Corrado stated that it is still really high, and it is hard for middle income families as well. Ernest Mignoli stated that he has attended most of the meetings and has investigated a lot of issues in Boynton Beach, and mentioned that he was one of the only people from the public that attended the meetings. Sandra Watson mentioned that she was at the first budget meeting and she gave credit to the Commission about fighting to lower the millage rate. Virtual comment: Christine Roberts commended the Commission on the budget review, and thanked them for lowering the millage rate. Motion Commissioner Turkin moved to approve Resolution No. R22-096. Commissioner Hay seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R22-097 - Adopt a Preliminary Fire Assessment Rate for FY 2022-23. Mayor Penserga explained that there was consensus for no change to the assessment fee. Mayor Penserga opened the floor for public comment. Cindy Falco Di -Corrado stated that if any more funds are assessed, she will end up being homeless. Ernest Mignoli explained that his building is falling apart, and said that he cannot believe that they allow the law firm to transfer to a partner when the other lawyer left. Commissioner Turkin clarified that this was not increased and is staying the same. Motion 12 Page 91 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Vice Mayor Cruz moved to approve Resolution No. R22-097. Commissioner Kelley seconded the motion. The motion passed unanimously. Attorney Cirullo stated that these will be adopted at the September budget hearings. C. Proposed Resolution No. R22-098 - Adopt a Preliminary Canal Maintenance Assessment Rate for FY 2022-23. Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Mayor Penserga read the resolution by title. Mayor Penserga opened the floor for public comment. Ernest Mignoli stated that the Commission are talking a lot about canals being polluted, and they are shifting it all to the taxpayers in Boynton Beach, instead of charging the surrounding towns that are the ones polluting the canals. Commissioner Turkin verified what the assessment amount is, and asked if there is a way that the City can look into alleviating this from the taxpayers. Attorney Cirullo stated that it is set up to be paid by the people directly benefited by this, but it is possible. He explained the different options. Commissioner Turkin stated that most of his constituents do not want to be liable for this. Interim City Manager Stables stated that the main focus of this is whether this is for public purpose, and we could have legal issues regarding private land. Commissioner Turkin stated that the canals need to be addressed throughout the City. There was discussion regarding the following: the process for this assessment, and when the final decisions will need to be made; acquiring the canals; if we used all the money that was assessed from last year; working with the County on a program that they had regarding canal clean up; how long this assessment has been happening; this assessment being an annual cost; private property for a public purpose issue; processing amendments after this preliminary fee has been passed; and looking for grant funding instead of paying for it through taxpayers money; Motion Commissioner Kelley moved to approve Resolution No. R22-098. Vice Mayor Cruz seconded the motion. The motion passed 3-2 Commissioner Turkin and Commissioner Hay dissenting. 13 Page 92 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 11 D- Added by Mayor Penserga Mayor Penserga stated that he has an idea on an ordinance to ensure that landlords give notice before raising rent, and would like to propose a 60 -day notice. Commissioner Hay suggested 90 days. Vice Mayor Cruz also suggested 90 days. Commissioner Kelley stated that she supports this move. Mayor Penserga stated that other municipalities have done one for 60 days, but he supports 90 days as well. He stated that his second idea is a tenant's bill of rights, because some landlords are abusing their tenants, and he would like a protection from retaliation clause included. There was consensus from the Commission on this idea. Attorney Cirullo mentioned that there are resources to use in the County for those kinds of issues as well. Mayor Penserga stated that his third idea, which may not be legally possible, is to have a lower rent be available to both renters that are incoming and ones that are already living in an apartment right next door. Attorney Cirullo stated that there are concerns and possible State Statute issues with this. Mayor Penserga announced that he would like to have a closed -door session to discuss the JKM Case. Attorney Cirullo read the Case into the record and the closed -door session being requested. He stated that they will work on coordinating a time for the session. 12. Legal- None 13. Future Agenda Items A. Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga. - TBD B. Discussion on the Red -Light Camera Program requested by Commissioner Commissioner Turkin. - TBD C. Discussion on observing Juneteenth as a City holiday, requested by 14 Page 93 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Commissioner Commissioner Hay. - TBD D. Discuss a potential park in Leisureville, requested by Vice Mayor Vice Mayor Cruz. — TBD E. Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga.- TBD F. Report on the status of infrastructure within the City, requested by Mayor Penserga.-TBD G. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga.-TBD H. Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Mayor Penserga.-TBD Commissioner Turkin stated that he would like to direct staff to include in the budget a park in District 1 and 3, and a written draft about the workshop regarding height limits. There was consensus that the Attorney will work with the Clerks Office to coordinate a time for the closed -door session. 14. Adjournment Motion Vice Mayor Cruz moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:41 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 15 APPROVED AS TO FORM: Page 94 of 347 Meeting Minutes City Commission Meeting Boynton Beach, FL July 19, 2022 Michael D. Cirullo, Jr. City Attorney T Page 95 of 347 7.A. Requested Action by Commission: Approve scope of work to be performed by Killebrew, Inc. of Lakeland, FL that includes pre -chlorinated pipe bursting of potable water mains on Orchid Rd., Seagrape Rd., Oleander Rd., and Washington Rd., in the amount of $593,470 plus a 10% contingency of $59,347 (if needed) for staff approval of change orders for unforeseen conditions for a total expenditure of $652,817 and approve the Utilities Capital Improvement Plan (CI P) budget adjustment of $286,948 for the proposed project. Explanation of Request: Water main pipes on Orchid Rd., Seagrape Rd., Oleander Rd., and Washington Rd., require replacement due to age and condition. Utilities is planning to utilize a trenchless pipe bursting method to replace 3,300 linear ft. of existing 4" AC water main piping and replacing it with 6" pre -chlorinated HDPE (high-density polyethylene) water main piping. Trenchless Pipe Bursting method where practical, allows for pipe replacement with minimal impacts to the residents and the community due to limited excavation and restoration requirements as well as reduced cost. The Scope of Work is outlined in the request for Bid includes (but not limited to) the following: Task 1 — Pipe Bursting at various locations Task 2 — Connection to existing water service pipe Task 3 — Maintenance of Traffic Task 4 — Site and Pavement Restoration The selected Contractors furnish all labor, materials, equipment, incidentals and appurtenances to complete the "As Needed" Work as outlined in the purchase orders or Contract. Both submitting firms were evaluated and determined qualified based on their written submissions. The Bid was awarded as follows by the Commission on August 3, 2021: PRIMARY VENDOR: Murphy Pipeline Contractors, 1876 Everlee Road Jacksonville Florida 32216 SECONDARY VENDOR: Killebrew, Inc. PO Box 6258 Lakeland Florida. The Utility selected Killebrew, Inc. for this scope of work because the primary vendor Murphy Pipeline Contractors could not hold to their agreed upon line item pricing from their response to the Request for Bids for Pre -Chlorinated Pipe Bursting of Potable Water Mains, Bid No 079-2821-21/TP. Killebrew is a qualified firm as determined by qualifications and bids submitted on April 5, 2021, resulting from the responses to the Request for Bids for Pre -Chlorinated Pipe Bursting of Potable Water Mains, Bid No 079-2821-21/TP. The City Commission approved a two-year renewal of Bid No 079-2821-21/TP on August 3, 2021. With City Commission approval, City Staff will issue a purchase order (PO) for the scope of work shown in the attachments. Page 96 of 347 How will this affect city programs or services? This approval will allow City staff to issue a purchase order based on the unit costs provided by the qualified contractor to perform potable pipeline replacement. Water main replacement will provide increased capacity and reliability for the distribution of potable water as well as adequate fire flow water to areas with increasing demands. Fiscal Impact: Budgeted: Funds for this repair service will be available from the FY 21/22 Utilities Capital budget account number 403-5000-533.65-02 Project WT 1802 and 403-5000-533-65.02 WTR105. 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: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: The project helps improve reliable water distribution to meet potable water demands and regulatory requirements while utilizing a trenchless pipe bursting method to minimize impacts to the community, lower cost and an expedited time line for completing the project. Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type Description I:.tlid Killebrew IBid D 1....n��Itteir KilllleIbre� INotice of Awaird Bid Murphy Rnpelnnne Bid Bid I--oste' it Marine f:.tlid D Agreement Killet)rew Agreement D Otheir Bid Ainc.flysis D Otheir Scei nalrno #1 Otheir Rid Piroo,,� al Tab 13 Beets T�33buatnon n &Iheet Others ".3cei nai no :# 2 Othell" 1.3ceIrna irlio # 3 Page 97 of 347 079282121 - Pre -Chlorinated Pipe Bursting of Potable Water Mains Opening Date: May 7, 2021 1:00 PM Closing Date: June 11, 2021 2:30 PM Vendor Details Company Name: Killebrew inc P.O. Box 6258 Address: lakeland, Florida 33805 Contact: Adre Poleon Email: adre@killebrewinc.net Phone: 863-701-0273 Fax: 863-701-0273 HST#: Submission Details Created On: Tuesday June 01, 2021 08:56:30 Submitted On: Thursday June 10, 2021 14:39:31 Submitted By: Adre Poleon Email: adre@killebrewinc.net Transaction #: 09306233-9418-432f-ba4c-9893e2822962 Submitter's IP Address: 71.41.66.98 Bid Number: 079282121 Vendor wage F�illebJE i C 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, and/or 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 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA w II uuaa� Illliar,ua II Mar S Il...a„ II IIltll0 °t Illai�u^umu�p'r,, II 41::111)11::S, Il..pu^aaauuro0a,, daurwrrs0 uaau•Ilrc:eat as II IIiA t Ilaeaa Illuu"na ivp'a°aura are Ilauxspm„r„ii allr&:ullua„ and dsau"u,urva�te u'..„suaV'a a:au"n uaa:'ut Ilcu9a Ilsuoauded.� u(QU unay enter $O.W` 0 on tltwsaM Illuuna, tairis Iheira;,r,. "' III i 11 40 III ..°t .. Illunda7,uinnun1i11"liioatliasun t IlIndliviiduualll 11i 1(ou sll"alllllll enlier$2500 for al"nu"„ li�ilI II"neu°e *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. ITEM NO DESCRIPTION ESTIMATED QUANITY UNIT UNIT COST * TOTAL GC -1 Mobilization / Demobilization Per Project 1 LUMP SUM $22,000.0000 $ 22,000.00 GC -1 Maintenance of Traffic (MOT) Plan Per Project, City 1 Right -of -Way LUMP SUM $5,50D.0000 $ 5,500.00 GC -1 Maintenance of Traffic (MOT) Plan Per Project, Palm 1 Beach County FOOT Roadway LUMP SUM $7,700.0000 $ 7,700.00 GC -1 Pre and Post Construction Video 1 LUMP SUM $5,500.0000 $ 5,500.00 Permit Applicable Permit Allowance (actual cost 1 reimbursement by the City) EACH (TBA) $0.0000 $ 0.00 NPDES NPDES (if applicable) May Not Exceed 1.5% of the 1 Project Cost EACH (TBA) $0.0000 $0.00 Drawings Record Drawings (if applicable) 1 EACH (TBA) $O.D000 $ 0.00 Survey Construction Survey (if applicable, actual cost 1 reimbursement by the City) LUMP SUM (TBA) $0.0000 $ 0.00 1-1 Indemnification / Individual Projects 1 LUMP SUM ($25.00) $0.0000 $ 0.00 R -1A Sod 1 SQUARE FOOT $0.9500 $ 0.95 R-113 6" Concrete 1 SQUARE FOOT $9.5000 $9.50 R -1C 3" Asphalt 1 SQUARE FOOT $10.0000 $ 10.00 R -1D Curb 1 LUMP SUM $55.0000 $55.00 2.1 6 -Inch HDPE DR11 by Pre -Chlorinated Pipe Bursting 1 LINEAR FOOT $83.0000 $ 83.00 2.2 8 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $97.0000 $ 97.00 2.3 10 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $112.0000 $ 112.00 2.4 12 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $146.OD00 $ 146.00 3.1 4 -Inch Gate Valve 1 EACH $1,595.00DO $ 1,595.00 3.2 6 -Inch Gate Valve 1 EACH $1,815.0000 $ 1,815.00 3.3 8 -Inch Gate Valve 1 EACH $2,659.0000 $ 2,659.00 3.4 10 -Inch Gate Valve 1 EACH $3,542.0000 $ 3,542.00 3.5 12 -Inch Gate Valve 1 EACH $3,900.0000 $ 3,900.00 3.6 Install Fire Hydrant on 6 -Inch Water Main 1 EACH $5,060.0000 $ 5,060.00 3.7 Install Fire Hydrant on 8 -Inch Water Main 1 EACH $5,25D.0000 $ 5,250.00 3.8 Tee 6x6x6 1 EACH $610.0000 $ 610.00 3.9 Tee 8x8x6 1 EACH $740.0000 $ 740.00 3.10 Tee 8x8x8 1 EACH $855.0000 $ 855.00 3.11 Tee 10x10x6 1 EACH $1,00D.0000 $ 1,000.00 3.12 Tee 10x10x8 1 EACH $1,065.0000 $ 1,065.00 3.13 Tee 10x10x10 1 EACH $1,210.0000 $ 1,210.00 3.14 Tee 12x12x6 1 EACH $1,210.0000 $ 1,210.00 3.15 Tee 12x12x8 1 EACH $1,410.0000 $ 1,410.00 3.16 Tee 12x12x10 1 EACH $1,485.0000 $ 1,485.00 3.17 Tee 12x12x12 1 EACH $1,650.0000 $ 1,650.00 4.1.1 Up to 1 -Inch Short Side Water Service Connection 1 EACH $1,485.0000 $ 1,485.00 4.1.2 6 -Inch Water Main 1 EACH $220.0000 $ 220.00 4.1.3 8 -Inch Water Main 1 EACH $275.0000 $ 275.00 4.1.4 10 -Inch Water Main 1 EACH $330.OD00 $ 330.00 Bid Number: 079282121 Vendor wage F�IUeojg4%c 4.1.5 12 -Inch Water Main 1 EACH $385.0000 UNIT $ 385.00 4.2.1 Up to 2 -Inch Short Side Water Service Connection 1 EACH $1,980.0000 1 $ 1,980.00 4.2.2 6 -Inch Water Main 1 EACH $275.OD00 Mobilization $ 275.00 4.2.3 8 -Inch Water Main 1 EACH $330.OD00 $ 330.00 4.2.4 10 -Inch Water Main 1 EACH $385.OD00 $ 385.00 4.2.5 12 -Inch Water Main 1 EACH $440.0000 $ 440.00 4.3.1 Up to 1 -Inch Long Side Water Service Connection 1 EACH $2,310.0000 $ 2,310.00 4.3.2 6 -Inch Water Main 1 EACH $220.0000 $ 220.00 4.3.3 8 -Inch Water Main 1 EACH $275.0000 $ 275.00 4.3.4 10 -Inch Water Main 1 EACH $330.0000 $ 330.00 4.3.5 12 -Inch Water Main 1 EACH $385.0000 $ 385.00 4.4.1 Up to 2 -Inch Long Side Water Service Connection (in casing) 1 EACH $3,D40.0000 $ 3,040.00 4.4.2 6 -Inch Water Main 1 EACH $275.0000 $ 275.00 4.4.3 8 -Inch Water Main 1 EACH $330.OD00 $ 330.00 4.4.4 10 -Inch Water Main 1 EACH $385.0000 $ 385.00 4.4.5 12 -Inch Water Main 1 EACH $440.0000 $ 440.00 5.1 6 -Inch Water Main 1 EACH $7,920.0000 $ 7,920.00 5.2 8 -Inch Water Main 1 1 EACH 1$9,680.0000 $ 9,680.00 5.3 10 -Inch Water Main 1 1 EACH 1$13,120.0000 $ 13,120.00 5.4 12 -Inch Water Main 1 I EACH 1$14,586.0000 $ 14,586.00 Subtotal: $ 135,670.45 SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS "Award of Contract will be based on the Total Bid Price of each Scenario' PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. SCENARIO #1 Four -inch water main (Asbestos Cement Pipe) that runs a length of 450 linear ft. (from north to south) through the easement of a residential neighborhood at 3 -feet deep. This water main loops the system; 25 residents are connected to it. The four -inch water main is wet tapped off of a 20 -inch transmission water main that is in a FDOT roadway and ties into an eight -inch water main 300 linear feet away on to a city roadway. Both four -inch valves are not leaking and are in good condition. Restore asphalt 200 sq. ft. of FDOT approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to a six-inch water main. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton- beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement bidding system. 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. Notes Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification / Individual Projects - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification / Individual Projects 1 LS $25.0000 $ 25.00 Scenario Information GC -1 Mobilization 11 ILs 1$22,000.00OD $ 22,000.00 Bid Number: 079282121 Vendor wage F�iJ��bRM Scenario Information 'Gc-1 Maintenance of traffic (MOT) Plan Per project, city right of way 1 Ls $5,500.0000 $ 5,500.00 Scenario Information Gc-1 Maintenance of traffic (MOT) Plan Per project, Palm Beach County FDOT right of way 1 Ls $7,700.0000 $ 7,700.00 Scenario Information Gc-1 Pre and Post Construction Video 1 Ls $5,500.0000 $ 5,500.00 Scenario Information Permit Applicable permit allowance (actually cost to be reimbursement by the city) 1 Ea $250.0000 $ 250.00 Scenario Information NPDES NPDES (if applicable) may not exceed 1.5% of the Project Cost 1 Ea $25.0000 $ 25.00 Scenario Information Drawings Record Drawings (if applicable) 1 Ea $500.0000 $ 500.00 Scenario Information Survey Construction Survey (if applicable, actual cost reimbursement by the City) 1 Ls $0.0000 $ 0.00 Scenario Information Scenario Information R -1A Sod 2000 SF $0.9500 $ 1,900.00 Scenario Information R -1C 3" Asphalt 200 SF $10.0000 $2,000.00 Scenario Information 2.1 6" HDPE DR11 by Pre- chlorinated Pipe bursting 450 Lf $83.0000 $ 37,350.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 82,750.00 SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. SCENARIO #2 Twelve -inch (Cast Iron Pipe) water main that runs 550 linear ft. in utility right-of-way at 6 -feet deep. At the distance of 250 linear feet, the 12 -inch water main reduces to an 10 -inch water main (cast iron). Where the water main reduces from a 12 -inch to an 10 -inch water main, there is a 12 -inch x 10 -inch reducer and an 10 -inch gate valve. One (1) fire hydrant with (1) individual valve, are connected to the water main. There are resident service lines that are fed by this water main, 10 long -side service lines and 10 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 10 -inch if possible. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton -beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. Bid Number: 079282121 Vendor wage �iagborjv � 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification / Individual Projects 1 Ls $25.0000 $ 25.00 Scenario Information Go -1 Mobilization / Demobilization Per Project 1 Ls $22,000.0000 $ 22,000.00 Scenario Information Gc-1 Maintenance of Traffic (MOT) Plan Per Project, City Right -of - Way 1 Ls $5,500.0000 $ 5,500.00 Scenario Information Gc-1 Maintenance of Traffic (MOT) Plan Per Project, Palm Beach County FDOT Roadway 1 Ls $7,700.0000 $ 7,700.00 Scenario Information Gc-1 Pre and Post Construction Video 1 Ls $5,500.0000 $ 5,500.00 Scenario Information Permit Applicable Permit Allowance (actual cost reimbursement by the City 1 Ea $250.0000 $ 250.00 Scenario Information NPDES NPDES (if applicable) May Not Exceed 1.5% of the Project Cost 1 Ea $25.0000 $ 25.00 Scenario Information Drawings Record Drawings (if applicable) 1 Ea $500.0000 $ 500.00 Scenario Information Survey Construction Survey (if applicable, actual cost reimbursement by the City) 0 Ls $0.0000 $ 0.00 Scenario Information Scenario Information R -1A Sod 10000 SF $0.9500 $ 9,500.00 Scenario Information R-113 6" Concrete 1500 SF $9.5000 $ 14,250.00 Scenario Information Scenario Information 2.3 10 -Inch HDPE DR11 by Pre- Chlorinated pipe bursting 300 Lf $112.0000 $ 33,600.00 Scenario Information 2.4 12 -Inch HDPE DR11 by Pre- Chlorinated pipe bursting 250 Lf $146.0000 $ 36,500.00 Scenario Information 3.2 6 -Inch Gate Valve 1 Ea $1,815.0000 $ 1,815.00 Scenario Information 3.3 8 -Inch Gate Valve 1 Ea $2,659.0000 $ 2,659.00 Scenario Information 3.4 10 -Inch Gate Valve 1 Ea $3,542.0000 $ 3,542.00 Scenario Information 3.7 Install Fire Hydrant on 8 -Inch Water Main 1 Ea $5,250.0000 $ 5,250.00 Scenario Information 3.15 Tee 12x12x8 1 Ea $1,485.0000 $ 1,485.00 Scenario Information 4.1.1 Up to 1 -Inch Short Side Water Service Connection 10 Ea $1,485.0000 $ 14,850.00 Scenario Information 4.1.4 10 -Inch Water Main 10 Ea $275.0000 $ 2,750.00 Scenario Information 4.3.1 Up to 1 -Inch Short Side Water Service Connection 10 Ea $2,310.0000 $ 23,100.00 Scenario Information 4.3.3 8 -Inch Water Main 10 Ea $275.0000 $ 2,750.00 Scenario Information Subtotal: ,$ 193,551.00 SCENARIO #3 - PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. SCENARIO #3 Six-inch water main (Asbestos Cement) that runs in utility right- of- way at a depth of four -feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that four (4), eight -inch x six-inch tees be installed along the line; position of tees will be specified by the utility, and four (4) 6 -inch valves to coincide with each tee for future installation of four (4) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short -side services and 10 long -side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6 -inch to an 8 -inch water main. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. Bid Number: 079282121 Vendor Wme: 1 0 4 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement bidding system. 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. Notes Amount Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification / Individual Projects 1 Ls $25.0000 $ 25.00 Scenario Information GC -1 Mobilization / Demobilization Per Project 1 Ls $22,000.0000 $ 22,000.00 Scenario Information GC -1 Maintenance of Traffic (MOT) Plan Per Project, City Right -of - Way 1 Ls $5,500.0000 $ 5,500.00 Scenario Information GC -1 Maintenance of Traffic (MOT) Plan Per Project, Palm Beach County FDOT Roadway 1 Ls $7,700.0000 $ 7,700.00 Scenario Information GC -1 Pre and Post Construction Video 1 Ls $5,500.0000 $ 5,500.00 Scenario Information Permit Applicable Permit Allowance (actual cost reimbursement by the City) 1 Ea $250.0000 $ 250.00 Scenario Information NPDES NPDES (if applicable) May Not Exceed 1.5% of the Project Cost 1 Ea $25.0000 $ 25.00 Scenario Information Drawings Record Drawings (if applicable) 1 Ea $500.0000 $ 500.00 Scenario Information Survey Construction Survey (if applicable, actual cost reimbursement by the City) 0 Ls $0.0000 $ 0.00 Scenario Information 1-1 Indemnification / Individual Projects 1 Ls $25.0000 $ 25.00 Scenario Information R -1A Sod 10000 SF $0.9500 $ 9,500.00 Scenario Information R-113 6" Concrete 1500 SF $9.5000 $ 14,250.00 Scenario Information R -1C 3" Asphalt 200 SF $10.0000 $2,000.00 Scenario Information R -1D Curb 120 Ls $55.0000 $6,600.00 Scenario Information 2.2 8 -Inch HDPE DR11 by Pre- Chlorinated pipe bursting 1000 Lf $97.0000 $ 97,000.00 Scenario Information 3.2 6 -Inch Gate Valve 4 Ea $1,815.0000 $ 7,260.00 Scenario Information 3.8 Tee 6x6x6 4 Ea $740.0000 $ 2,960.00 Scenario Information 4.1.1 Up to 1 -Inch Short Side Water Service Connection 20 Ea $1,485.0000 $ 29,700.00 Scenario Information 4.1.3 8 -Inch Water Main 20 Ea $275.0000 $ 5,500.00 Scenario Information 4.3.1 Up to 1 -Inch Short Side Water Service Connection 10 Ea $2,310.0000 $ 23,100.00 Scenario Information 4.3.3 8 -Inch Water Main 10 Ea $330.0000 $ 3,300.00 Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 242,695.00 Summary Table Bid Form Amount BID PROPOSAL- PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 135,670.45 SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 82,750.00 SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 193,551.00 SCENARIO#3- PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $ 242,695.00 Subtotal Contract Amount: $ 654,666.45 Bid Number: 079282121 Vendor wage F�iJ� bRM Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid response. Description Response* Comments Is your company a Minority Owned business? No n/a Please select the appropriate response Not Applicable n/a Do you possess a certification qualifying your business as a Minority Owned business? No n/a Issuing organization name Input response in comments box to the right n/a Date of Issuance Input response in comments box to the right n/a Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. P We will not be submitting for Local Business Status Certification Is located limits Does the business have Is the business registered with Unit Price * Extended Price* the business within the City of Boynton Beach, a business tax receipt the Florida Division of Number of years in Business license number* Florida? * issued in the current year? * Corporations? * business n/a • Yes r Yes r Yes N/a n/a • No r No r No n/a N/a Trench Safety Act Affidavit 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. `COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description, Unit, Quantity, Unit Price, Extended Price and Method Description * Unit* Quantity * Unit Price * Extended Price* Method * Trench box Lf 1000 12.00 12000.00 Trench box N/a n/a n/a n/a n/a n/a N/a n/a n/a n/a n/a n/a N/a n/a n/a n/a n/a n/a N/a n/a n/a n/a n/a N/A Bid Number: 079282121 Vendor wage F�iJ� brouw 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. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. - By clickina here I confirm that there are no Subcontractors) and the Bidder shall Derform the Droiect with their "OWN FORCES" Name Address Scope of work license No Contract Amount percentage (%) of Contract Nadic testing 15291 NW 60th Avenue 4106 Testing CA8214 000000 000000 Miami Lakes, FL 33014 North Point Land survey P.O. BOX 804 Survey LS5130 000000 000000 LAKELAND, FL. 33802 Documents Ensure your submission document(s) conforms to the following: 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. These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form - Bid form submittal.pdf - Thursday June 10, 2021 10:35:04 • Anti -Kickback Affidavit - Anti Kickback form.pdf - Thursday June 10, 2021 10:35:15 • Non -Collusion Affidavit of Proposer - Non -Collusion Affidavit.pdf - Thursday June 10, 2021 10:35:25 • Certification Pursuant to Florida Statute § 287.135 - Cert. Pursuant to FL.pdf - Thursday June 10, 2021 10:35:35 • Submit current Florida Professional License, including evidence of possession of required licenses or business permits - Company Licences 2 use!.pdf - Tuesday June 01, 2021 16:41:17 • Warranties - Warranties.pdf - Thursday June 10, 2021 10:35:50 • E -Verify Form Pursuant to Florida Statute § 448.095 - E Verify.pdf - Tuesday June 01, 2021 16:37:34 • Bidder's W-9 - Killebrew Inc W-9 2021.pdf - Tuesday June 01, 2021 16:35:07 • Submit any Supplemental information relative to this ITB - Killebrew Safety Procedures.docx - Tuesday June 01, 2021 16:42:21 • Additional Document - Bid no. 079-2821-21.pdf - Thursday June 10, 2021 10:36:10 Bid Number: 079282121 Vendor wage 11Uo4 Pre -Chlorinated Pipe Burst SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified contractor(s) to demonstrate specific experience in pre -chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre -Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre -chlorinated pipe bursting. The work shall include, but not be limited to: 1) Pipe bursting at various Utility locations 2) Connection of existing water services 3) Maintenance of traffic 4) Site restoration, pavement repairs, resurfacing and striping AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two (2) lowest, responsive, responsible bidder(s), taking into consideration experience, staffing, equipment, materials, references and past performance. TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2) years, May 19, 2021 through May 18, 2023. Bid prices are to be firm for a period of two years. By mutual agreement between the City and the awardee(s), the City may renew the bid at the same terms and conditions for three (3) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of Bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. 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 ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1) copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Bid Number: 079282121 Vendor wage 110 Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "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 Contractor shall re -submit a corrected invoice to the City for processing. It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends, City holidays, or past City's business hours. If such work is necessary for the proper care and protection of the work already performed or, except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects. However, the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. If the Utilities Project Manager or his representative requests it, the Contractor shall at any time before final acceptance of the work, remove or uncover such portions of the Bid Number: 079282121 Vendor wageI➢ / 04 finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work." Should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense. No work shall be performed, nor materials used, without suitable supervision or inspection by the Utilities Project Manager or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. NOTE: All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor. Prior to removal of any traffic control signs that interfere with the construction, the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed. It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period. In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed," the Contractor, nevertheless, shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work. The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies, nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to. Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices (including signs), warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. Bid Number: 079282121 Vendor wageIUti o4 b. The Contractor shall provide the necessary access to all adjacent property during construction. C. Special attention shall be given for directing the flow of pedestrian and vehicular traffic, especially in areas surrounding schools. At the discretion of the Utilities Project Manager, and or his designee, the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense, for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets, roads and work areas specified herein. d. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. C. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error orjudgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided, the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State, County, City, AWWA, or industry testing requirements. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for all retesting shall be the Contractor's responsibility. STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work. If any materials or part of the work be lost, damaged or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards, barriers, and at night, suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. 17, I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Rich Bushart, Vice President, Killebrew 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 addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 079282121 Vendor wage F�iJ��� brw I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum No. 2 Pre -Chlorinated Pipe Bursting of Potable Water Mains Thu June 3 2021 11:32 AM Addendum No. 1 Pre -Chlorinated Pipe Bursting of Potable Water Mains Wed May 26 2021 10:47 AM Bid Number: 079282121 Vendor wage F i�l��brM Bid Number: 079282121 Vendor wge PageY�l9br�v� The City of Boz►nton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 August 19, 2021 Killebrew, Inc. Attn: Adre Poleon P.O. Box Lakeland, Florida 33805 VIA E-MAIL TO: adre(cDkillebrewinc.net REF: NOTICE OF AWARD — BID NO. 079-2821-21 — Pre -Chlorinated Pipe Bursting of Potable Water Mains Dear Mr. Poleon: At the City Commission meeting of August 3, 2021, City Commission awarded the subject Bid to your firm. The initial term of the Contract will be from August 3, 2021 thru August 2, 2023. With the option to renew for three (3) additional one-year terms subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. I have enclosed a copy of the executed Contract, Resolution R21-099 for your records. A link to the approved agenda item and associated backup may be obtained at the following link: https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=11374&MeetinglD=389 In full accordance with the terms and conditions of the Bid as stipulated within the Bid specifications, please submit your company's original Certificate of Insurance to coi(abbbfl.us, with a copy to me at pratttCcDbbfl.us at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. Upon receipt of the Certificate of Insurance, we will provide you with a purchase order. We thank you for responding to this Invitation to Bid and we look forward to working with Killebrew, Inc. The Contract Manager for this contract is Tremaine Johnson, Manager, Field Operations, telephone: (561) 742- 6476 and e-mail: JohnsonTr(dr bbfl.us. Sincerely, ,o Kristeena Pinto Purchasing Manager Enclosure: cc: Tremaine Johnson, Manager, Fields Operations Melissa Roberts, Administrative Assistant tp America's Gateway to the Gulf Stream Page 112 of 347 079282121 - Pre -Chlorinated Pipe Bursting of Potable Water Mains Opening Date: May 7, 2021 1:00 PM Closing Date: June 11, 2021 2:30 PM Vendor Details Company Name: Murphy Pipeline Contractors LLC 12235 New Berlin Rd Address: Jacksonville, Florida 32226 Contact: Taylor Morris Email: taylorm@teamipr.com Phone: 904-764-6887 Fax: 903-379-6193 HST#: 59-3688714 Submission Details Created On: Tuesday May 18, 2021 12:10:59 Submitted On: Friday June 11, 2021 08:57:57 Submitted By: Taylor Morris Email: taylorm@teamipr.com Transaction #: 4b3b4cc0-929b-4688-bfe5-faf37744b4bc Submitter's IP Address: 96.90.12.21 Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con� toor$ 4� 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, and/or 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 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA II uune Illliar,ua Mul ,,Il...a„ II Illtlld 1 II ,.0 uouta, II NII IL.. Il...,,r IL.... a avuauurogs,u S„uosd urruou•Ilse7t as II IIiA I Iheaa Illuura ivfa;mumn aura Ilse u&r„ii, sllrs�,.ulliu,z and accurate �asuaVa i:.nsu"n ura:'utIlcu'.m Ilse rr�Woua'ted.� "u(QU a may enter d"tl.W` 0 on tltwso Illuum„ i Iheirnr,., " III i 1140 III ..°1 .. Ill Ili de! m Ili 11ill"liiaatlion t IlIndlioliduualll 11i "I�sll"alllllll i wife ir;""La00 for 111Ihi s ion II eire.� *Award of Contract will be based on the Total Bid Price of each Scenario PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. ITEM NO DESCRIPTION ESTIMATED QUANITY UNIT UNIT COST * TOTAL GC -1 Mobilization / Demobilization Per Project 1 LUMP SUM $15,000.0000 $ 15,000.00 GC -1 Maintenance of Traffic (MOT) Plan Per Project, City 1 Right -of -Way LUMP SUM $5,000.0000 $ 5,000.00 GC -1 Maintenance of Traffic (MOT) Plan Per Project, Palm 1 Beach County FOOT Roadway LUMP SUM $5,000.0000 $ 5,000.00 GC -1 Pre and Post Construction Video 1 LUMP SUM $1,000.0000 $ 1,000.00 Permit Applicable Permit Allowance (actual cost 1 reimbursement by the City) EACH (TBA) $O.D000 $ 0.00 NPDES NPDES (if applicable) May Not Exceed 1.5% of the 1 Project Cost EACH (TBA) $0.0000 $0.00 Drawings Record Drawings (if applicable) 1 EACH (TBA) $0.0000 $ 0.00 Survey Construction Survey (if applicable, actual cost 1 reimbursement by the City) LUMP SUM (TBA) $0.0000 $ 0.00 1-1 Indemnification / Individual Projects 1 LUMP SUM ($25.00) $25.0000 $ 25.00 R -1A Sod 1 SQUARE FOOT $0.7200 $ 0.72 R-113 6" Concrete 1 SQUARE FOOT $12.5000 $ 12.50 R -1C 3" Asphalt 1 SQUARE FOOT $6.5000 $6.50 R -1D Curb 1 LUMP SUM $40.0000 $40.00 2.1 6 -Inch HDPE DR11 by Pre -Chlorinated Pipe Bursting 1 LINEAR FOOT $68.0000 $ 68.00 2.2 8 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $80.0000 $ 80.00 2.3 10 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $98.0000 $ 98.00 2.4 12 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $126.0000 $ 126.00 3.1 4 -Inch Gate Valve 1 EACH $1,067.0000 $ 1,067.00 3.2 6 -Inch Gate Valve 1 EACH $1,176.0000 $ 1,176.00 3.3 8 -Inch Gate Valve 1 EACH $1,480.0000 $ 1,480.00 3.4 10 -Inch Gate Valve 1 EACH $1,843.0000 $ 1,843.00 3.5 12 -Inch Gate Valve 1 EACH $2,793.0000 $ 2,793.00 3.6 Install Fire Hydrant on 6 -Inch Water Main 1 EACH $3,000.0000 $ 3,000.00 3.7 Install Fire Hydrant on 8 -Inch Water Main 1 EACH $3,10D.00DO $ 3,100.00 3.8 Tee 6x6x6 1 EACH $735.0000 $ 735.00 3.9 Tee 8x8x6 1 EACH $825.0000 $ 825.00 3.10 Tee 8x8x8 1 EACH $850.0000 $ 850.00 3.11 Tee 10x10x6 1 EACH $970.0000 $ 970.00 3.12 Tee 10x10x8 1 EACH $1,000.0000 $ 1,000.00 3.13 Tee 10x10x10 1 EACH $1,025.0000 $ 1,025.00 3.14 Tee 12xl2x6 1 EACH $1,165.0000 $ 1,165.00 3.15 Tee 12xl2x8 1 EACH $1,200.0000 $ 1,200.00 3.16 Tee 12xl2x10 1 EACH $1,225.0000 $ 1,225.00 3.17 Tee 12x12x12 1 EACH $1,250.0000 $ 1,250.00 4.1.1 Up to 1 -Inch Short Side Water Service Connection 1 EACH $606.0000 $ 606.00 4.1.2 6 -Inch Water Main 1 EACH $637.0000 $ 637.00 4.1.3 8 -Inch Water Main 1 EACH $655.0000 $ 655.00 4.1.4 10 -Inch Water Main 1 EACH $891.01300 $ 891.00 Bid Number: 079282121 Vendor Name: Murphy Pipelipq CoonMtoor$ 4� 4.1.5 12 -Inch Water Main 1 EACH $922.0000 $ 922.00 4.2.1 Up to 2 -Inch Short Side Water Service Connection 1 EACH $800.0000 $ 800.00 4.2.2 6 -Inch Water Main 1 EACH $850.0000 $ 850.00 4.2.3 8 -Inch Water Main 1 EACH $900.0000 $ 900.00 4.2.4 10 -Inch Water Main 1 EACH $950.0000 $ 950.00 4.2.5 12 -Inch Water Main 1 EACH $1,000.0000 $ 1,000.00 4.3.1 Up to 1 -Inch Long Side Water Service Connection 1 EACH $1,176.0000 $ 1,176.00 4.3.2 6 -Inch Water Main 1 EACH $1,225.0000 $ 1,225.00 4.3.3 8 -Inch Water Main 1 EACH $1,250.0000 $ 1,250.00 4.3.4 10 -Inch Water Main 1 EACH $1,372.0000 $ 1,372.00 4.3.5 12 -Inch Water Main 1 EACH $1,764.0000 $ 1,764.00 4.4.1 Up to 2 -Inch Long Side Water Service Connection (in casing) 1 EACH $1,400.0000 $ 1,400.00 4.4.2 6 -Inch Water Main 1 EACH $1,450.0000 $ 1,450.00 4.4.3 8 -Inch Water Main 1 EACH $1,600.0000 $ 1,600.00 4.4.4 10 -Inch Water Main 1 EACH $1,800.0000 $ 1,800.00 4.4.5 12 -Inch Water Main 1 EACH $2,100.0000 $ 2,100.00 5.1 6 -Inch Water Main 1 EACH $6,500.0000 $ 6,500.00 5.2 8 -Inch Water Main 1 1 EACH 1$8,000.0000 $ 8,000.00 5.3 10 -Inch Water Main 1 1 EACH 1$10,000.0000 $ 10,000.00 5.4 12 -Inch Water Main 1 I EACH 1$15,000.0000 $ 15,000.00 Subtotal: $ 114,008.72 SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS "Award of Contract will be based on the Total Bid Price of each Scenario' PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. SCENARIO #1 Four -inch water main (Asbestos Cement Pipe) that runs a length of 450 linear ft. (from north to south) through the easement of a residential neighborhood at 3 -feet deep. This water main loops the system; 25 residents are connected to it. The four -inch water main is wet tapped off of a 20 -inch transmission water main that is in a FDOT roadway and ties into an eight -inch water main 300 linear feet away on to a city roadway. Both four -inch valves are not leaking and are in good condition. Restore asphalt 200 sq. ft. of FDOT approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to a six-inch water main. 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 Bid Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton- beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e - bidding system. 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. No. 079-2821-21 Pre -Chlorinated Pipe procurement Notes I Item No. Description of Bid Item IQUANITY JUNIT I UNIT COST I Total Indemnification / Individual Projects - Enter 1-1 Indemnification/Individual Projects 1 LS $25.0000 $ 25.00 a Quantity of 1 and unit cost of $25 Bid Number: 079282121 Vendor Name: Murphy Pipelipip Coen�rgg OT �4� Scenario Information GC -1 Mobilization/Demobilization Per Project 1 LS $15,000.0000 $ 15,000.00 Scenario Information GC -1 Maintenance of Traffic (MOT) Plan Per Project, City Right -of - Way 1 LS $5,000.0000 $ 5,000.00 Scenario Information GC -1 Maintenance of Traffic (MOT) Plan Per Project, Palm Beach County FDOT Roadway 1 LS $5,000.0000 $ 5,000.00 Scenario Information GC -1 Pre and Post Construction Video 1 LS $1,000.0000 $ 1,000.00 Scenario Information Permit Applicable Permit Allowance (actual cost reimbursement by the City) TBD 1 EA $0.0000 $ 0.00 Scenario Information NPDES NPDES (if applicable) May Not Exceed 1.5% of the Project Cost TBD 1 EA $0.0000 $ 0.00 Scenario Information Drawings Record Drawings (if applicable) TBD 1 EA $0.0000 $ 0.00 Scenario Information Survey Construction Survey (if applicable, actual cost reimbursement by the City) TBD 1 EA $0.0000 $ 0.00 Scenario Information R -1A Sod 100 SF $0.7200 $ 72.00 Scenario Information R -1C 3" Asphalt 200 SF $6.5000 $ 1,300.00 Scenario Information 2.1 6 -Inch HDPE DR11 by Pre- Chlorinated Pipe Bursting 450 LF $68.0000 $ 30,600.00 Scenario Information 4.1.2 6 -Inch Water Main 25 EA $637.0000 $ 15,925.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 73,922.00 SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS, SCC -4. SCENARIO #2 Twelve -inch (Cast Iron Pipe) water main that runs 550 linear ft. in utility right-of-way at 6 -feet deep. At the distance of 250 linear feet, the 12 -inch water main reduces to an 10 -inch water main (cast iron). Where the water main reduces from a 12 -inch to an 10 -inch water main, there is a 12 -inch x 10 -inch reducer and an 10 -inch gate valve. One (1) fire hydrant with (1) individual valve, are connected to the water main. There are resident service lines that are fed by this water main, 10 long -side service lines and 10 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 10 -inch if possible. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton -beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement Bid Number: 079282121 Vendor Name: Murphy Pipelipq Cen�q'oor? bidding system. 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. Notes Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and unit cost of $25 LS Indemnification/Individual Projects 1 LS $25.0000 $ 25.00 Scenario Information GC -1 Mobilization/Demobilization Per Project 1 LS $15,000.0000 $ 15,000.00 Scenario Information GC -1 Maintenance of Traffic (MOT) Plan Per Project, City Right -of - Way 1 LS $5,000.0000 $ 5,000.00 Scenario Information GC -1 Pre and Post Construction Video 1 LS $1,000.0000 $ 1,000.00 Scenario Information Permit Applicable Permit Allowance (actual cost reimbursement by the City) TBD 1 EA $0.0000 $ 0.00 Scenario Information NPDES NPDES (if applicable) May Not Exceed 1.5% of the Project Cost TBD 1 EA $0.0000 $ 0.00 Scenario Information Drawings Record Drawings (if applicable) TBD 1 EA $0.0000 $ 0.00 Scenario Information Survey Construction Survey (if applicable, actual cost reimbursement by the City) TBD 1 LS $0.0000 $ 0.00 Scenario Information R -1A Sod 80 SF $0.7200 $ 57.60 Scenario Information 2.3 10 -Inch HDPE DR11 by Pre- Chlorinated Pipe Bursting 300 LF $98.0000 $ 29,400.00 Scenario Information 2.4 12 -Inch HDPE DR11 by Pre- Chlorinated Pipe Bursting 250 LF $126.0000 $ 31,500.00 Scenario Information 3.4 10 -Inch Gate Valve 1 EA $1,843.0000 $ 1,843.00 Scenario Information 3.7 Install Fire Hydrant on 8 -inch water main 1 EA $3,100.0000 $ 3,100.00 Scenario Information 4.1.4 10 -Inch Water Main 10 EA $891.0000 $ 8,910.00 Scenario Information 4.2.5 12 -Inch Water Main 10 EA $1,000.0000 Is 10,000.00 Scenario Information 4.3.4 10 -Inch Water Main 10 EA $1,372.0000 $ 13,720.00 Scenario Information 4.4.5 12 -Inch Water Main 10 EA $2,100.0000 $ 21,000.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 140,555.60 SCENARIO #3 - PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS "Award of Contract will be based on the Total Bid Price of each Scenario' PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. SCENARIO #3 Six-inch water main (Asbestos Cement) that runs in utility right- of- way at a depth of four -feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that four (4), eight -inch x six-inch tees be installed along the line; position of tees will be specified by the utility, and four (4) 6 -inch valves to coincide with each tee for future installation of four (4) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short -side services and 10 long -side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6 -inch to an 8 -inch water main. 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. Bid Number: 079282121 Vendor Name: Murphy Pipelipip Coen�rq� r 4.1 a. The Contractor(s) shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton -beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement bidding system. 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. Notes Amount Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification/Individual Projects 1 LS $25.0000 $ 25.00 Scenario Information GC -1 Mobilization/Demobilization Per Project 1 LS $15,000.0000 $ 15,000.00 Scenario Information GC -1 Maintenance of Traffic (MOT) Plan Per Project, City Right -of - Way 1 LS $5,000.0000 $ 5,000.00 Scenario Information GC -1 Pre and Post Construction Video 1 LS $1,000.0000 $ 1,000.00 Scenario Information Permit Applicable Permit Allowance (actual cost reimbursement by the City) TBD 1 EA $0.0000 $ 0.00 Scenario Information NPDES NPDES (if applicable) May Not Exceed 1.5% of the Project Cost TBD 1 EA $0.0000 $ 0.00 Scenario Information Drawings Record Drawings (if applicable) TBD 1 EA $D.0000 $ 0.00 Scenario Information Survey Construction Survey (if applicable, actual cost reimbursement by the City) TBD 1 LS $0.0000 $ 0.00 Scenario Information 2.2 8 -Inch HDPE DR11 by Pre- Chlorinated Pipe Bursting 1000 LF $80.0000 $ 80,000.00 Scenario Information 3.2 6 -Inch Gate Valve 4 EA $1,176.0000 $ 4,704.00 Scenario Information 3.9 Tee 8x8x6 4 EA $825.0000 $ 3,300.00 Scenario Information 4.1.3 8 -Inch Water Main 20 EA $655.0000 $ 13,100.00 Scenario Information 4.3.3 8 -Inch Water Main 10 EA $1,250.0000 $ 12,500.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 134,629.00 Summary Table Bid Form Amount BID PROPOSAL- PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 114,008.72 SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 73,922.00 SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 140,555.60 SCENARIO#3- PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $ 134,629.00 Subtotal Contract Amount: $ 463,115.32 Bid Number: 079282121 Vendor Name: Murphy Pipelipq CoonMtoor$ 4� Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid response. Description Response* Comments Is your company a Minority Owned business? No N/A Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. P We will not be submitting for Local Business Status Certification Is located limits Does the business have Is the business registered with Unit Price * Extended Price* the business within the City of Boynton Beach, a business tax receipt the Florida Division of Number of years in Business license number* Florida? * issued in the current year? * Corporations? * business N/A • Yes r Yes r Yes N/A N/A • No r No r No N/A N/A Trench Safety Act Affidavit 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. `COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description, Unit, Quantity, Unit Price, Extended Price and Method Description * Unit* Quantity * Unit Price * Extended Price* Method * Trench Box/ Shielding Large Metal boxes dropped in ground to prevent cave-ins/land slides LF 1 25 25 Trench Box N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Bid Number: 079282121 Vendor Name: Murphy Pipelipq CoonMioor$ 4� 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. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. 17, By clickina here I confirm that there are no Subcontractors) and the Bidder shall Derform the Droiect with their "OWN FORCES" Name Address Scope of work license No Contract Amount percentage (%) of Contract Documents Ensure your submission document(s) conforms to the following: 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. These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form - Bid Submittal TM.pdf - Friday June 11, 2021 08:48:17 • Anti -Kickback Affidavit - Antio Kickback Affadavit Signed.pdf - Friday June 11, 2021 08:17:42 • Non -Collusion Affidavit of Proposer - Non -Collusion AffADAVIT.pdf- Friday June 11, 2021 08:17:50 • Certification Pursuant to Florida Statute § 287.135 - Certification persuiant to florida.pdf - Friday June 11, 2021 08:18:02 • Submit current Florida Professional License, including evidence of possession of required licenses or business permits - FL CUC 08-17-20 Exp 08-31-22.pdf - Friday June 11, 2021 08:11:58 • Warranties - Warranties Signed.pdf - Friday June 11, 2021 08:18:11 • E -Verify Form Pursuant to Florida Statute § 448.095 - E -Verify Signed.pdf- Friday June 11, 2021 08:18:27 • Bidder's W-9 - W9.pdf - Friday June 11, 2021 08:32:32 • Submit any Supplemental information relative to this ITB (optional) • Additional Document (optional) Bid Number: 079282121 Vendor Name: Murphy Pipelipq Con or �r MOf 4� Pre -Chlorinated Pipe Burst SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified contractor(s) to demonstrate specific experience in pre -chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre -Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre -chlorinated pipe bursting. The work shall include, but not be limited to: 1) Pipe bursting at various Utility locations 2) Connection of existing water services 3) Maintenance of traffic 4) Site restoration, pavement repairs, resurfacing and striping AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two (2) lowest, responsive, responsible bidder(s), taking into consideration experience, staffing, equipment, materials, references and past performance. TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2) years, May 19, 2021 through May 18, 2023. Bid prices are to be firm for a period of two years. By mutual agreement between the City and the awardee(s), the City may renew the bid at the same terms and conditions for three (3) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of Bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. 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 ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1) copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Bid Number: 079282121 Vendor Name: Murphy Pipelipq CoentraToor$ �4� Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "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 Contractor shall re -submit a corrected invoice to the City for processing. It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends, City holidays, or past City's business hours. If such work is necessary for the proper care and protection of the work already performed or, except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects. However, the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. If the Utilities Project Manager or his representative requests it, the Contractor shall at any time before final acceptance of the work, remove or uncover such portions of the Bid Number: 079282121 Vendor Name: Murphy Pipelipq CoonVMtoor$ 4� finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work." Should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense. No work shall be performed, nor materials used, without suitable supervision or inspection by the Utilities Project Manager or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. NOTE: All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor. Prior to removal of any traffic control signs that interfere with the construction, the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed. It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period. In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed," the Contractor, nevertheless, shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work. The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies, nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to. Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices (including signs), warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. Bid Number: 079282121 Vendor Name: Murphy Pipelipq CoonVNtoor$ 4� b. The Contractor shall provide the necessary access to all adjacent property during construction. C. Special attention shall be given for directing the flow of pedestrian and vehicular traffic, especially in areas surrounding schools. At the discretion of the Utilities Project Manager, and or his designee, the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense, for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets, roads and work areas specified herein. d. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. C. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error orjudgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided, the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State, County, City, AWWA, or industry testing requirements. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for all retesting shall be the Contractor's responsibility. STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work. If any materials or part of the work be lost, damaged or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards, barriers, and at night, suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. 17, I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Taylor Morris, Project Manager, Murphy Pipeline Contractors, LLC 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 addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 079282121 Vendor Name: Murphy Pipelipip Contra Of 4� I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum No. 2 Pre -Chlorinated Pipe Bursting of Potable Water Mains Thu June 3 2021 11:32 AM Addendum No. 1 Pre -Chlorinated Pipe Bursting of Potable Water Mains Wed May 26 2021 10:47 AM Bid Number: 079282121 Vendor Name: Murphy Pipelipip CoenVr g r �4� Bid Number: 079282121 Vendor Name: Murphy PipelipeCo�enW rt 079282121 - Pre -Chlorinated Pipe Bursting of Potable Water Mains Opening Date: May 7, 2021 1:00 PM Closing Date: June 11, 2021 2:30 PM Vendor Details Company Name: Foster Marine Contractors 3180 Fairlane Farms RD, Suite 1 Address: Wellington, FL 33414 Contact: Kevin Schwiderson Email: bids@foster-marine.net Phone: 561-683-0034 Fax: 561-683-0335 HST#: 59-1054370 Submission Details Created On: Thursday June 03, 2021 11:42:36 Submitted On: Friday June 11, 2021 13:52:23 Submitted By: Kevin Schwiderson Email: bids@foster-marine.net Transaction #: e0d627b1-88f14de1-a16a-e36f9e7de133 Submitter's IP Address: 162.17.119.58 Bid Number: 079282121 Vendor Name: Foster �la ine1 �/ r 30� 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, and/or 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 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA II uune Illliar,ua Mul ,,Il...a„ II Illtlld I II ,.0 uouta, II NII IL.. Il...,,r IL.... a awuurogs,u S„uoed urruou•Ilze7t as II IIiA I Iheaa Illuura ivfa;mumn aura Ipu c&r„ii, sllrrr �,.ulliu,z and accurate �asuaVa i:.n1u"n ura:'utIlcu'.m Ilan rr�Woua'ted.� "u(QU a may enter d"tl.W` 0 on tltwso Illuum„ i Iheirnr,., " III i 1140 III ..°1 .. Ill Ili de! m Ili 11ill"liiaatlion t IlIndlioliduualll 11i "I�sll"alllllll i wife ir;""La00 for 111Ihis ion II eire.� *Award of Contract will be based on the Total Bid Price of each Scenario PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. ITEM NO DESCRIPTION ESTIMATED QUANITY UNIT UNIT COST * TOTAL GC -1 Mobilization / Demobilization Per Project 1 LUMP SUM $5,000.0000 $ 5,000.00 GC -1 Maintenance of Traffic (MOT) Plan Per Project, City 1 Right -of -Way LUMP SUM $1,000.0000 $ 1,000.00 GC -1 Maintenance of Traffic (MOT) Plan Per Project, Palm 1 Beach County FOOT Roadway LUMP SUM $1,500.0000 $ 1,500.00 GC -1 Pre and Post Construction Video 1 LUMP SUM $1,000.0000 $ 1,000.00 Permit Applicable Permit Allowance (actual cost 1 reimbursement by the City) EACH (TBA) $0.0000 $ 0.00 NPDES NPDES (if applicable) May Not Exceed 1.5% of the 1 Project Cost EACH (TBA) $0.0000 $0.00 Drawings Record Drawings (if applicable) 1 EACH (TBA) $0.0000 $ 0.00 Survey Construction Survey (if applicable, actual cost 1 reimbursement by the City) LUMP SUM (TBA) $O.D000 $ 0.00 1-1 Indemnification / Individual Projects 1 LUMP SUM ($25.00) $25.0000 $ 25.00 R -1A Sod 1 SQUARE FOOT $2.0000 $ 2.00 R-113 6" Concrete 1 SQUARE FOOT $8.0000 $8.00 R -1C 3" Asphalt 1 SQUARE FOOT $30.0000 $30.00 R -1D Curb 1 LUMP SUM $100.0000 $ 100.00 2.1 6 -Inch HDPE DR11 by Pre -Chlorinated Pipe Bursting 1 LINEAR FOOT $135.0000 $ 135.00 2.2 8 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $155.0000 $ 155.00 2.3 10 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $180.0000 $ 180.00 2.4 12 -Inch HDPE DR11 by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $200.0000 $ 200.00 3.1 4 -Inch Gate Valve 1 EACH $2,300.0000 $ 2,300.00 3.2 6 -Inch Gate Valve 1 EACH $2,700.0000 $ 2,700.00 3.3 8 -Inch Gate Valve 1 EACH $3,000.0000 $ 3,000.00 3.4 10 -Inch Gate Valve 1 EACH $4,100.0000 $4,100.00 3.5 12 -Inch Gate Valve 1 EACH $5,000.0000 $ 5,000.00 3.6 Install Fire Hydrant on 6 -Inch Water Main 1 EACH $4,200.0000 $ 4,200.00 3.7 Install Fire Hydrant on 8 -Inch Water Main 1 EACH $4,50D.00DO $ 4,500.00 3.8 Tee 6x6x6 1 EACH $2,100.0000 $ 2,100.00 3.9 Tee 8x8x6 1 EACH $2,500.0000 $ 2,500.00 3.10 Tee 8x8x8 1 EACH $2,700.0000 $ 2,700.00 3.11 Tee 10x10x6 1 EACH $3,400.0000 $ 3,400.00 3.12 Tee 10x10x8 1 EACH $3,500.0000 $ 3,500.00 3.13 Tee 10x10x10 1 EACH $3,800.0000 $ 3,800.00 3.14 Tee 12xl2x6 1 EACH $4,300.0000 $ 4,300.00 3.15 Tee 12xl2x8 1 EACH $4,500.0000 $ 4,500.00 3.16 Tee 12xl2x10 1 EACH $5,100.0000 $ 5,100.00 3.17 Tee 12x12x12 1 EACH $5,100.0000 $ 5,100.00 4.1.1 Up to 1 -Inch Short Side Water Service Connection 1 EACH $400.0000 $ 400.00 4.1.2 6 -Inch Water Main 1 EACH $1,550.0000 $ 1,550.00 4.1.3 8 -Inch Water Main 1 EACH $1,575.0000 $ 1,575.00 4.1.4 10 -Inch Water Main 1 EACH $1,7513.0000 $ 1,750.00 Bid Number: 079282121 Vendor Name: Foster �la ine1 r o4 4.1.5 12 -Inch Water Main 1 EACH $1,780.0000 UNIT $ 1,780.00 4.2.1 Up to 2 -Inch Short Side Water Service Connection 1 EACH $550.0000 1 $ 550.00 4.2.2 6 -Inch Water Main 1 EACH $3,425.0000 Mobilization/Demobilization $ 3,425.00 4.2.3 8 -Inch Water Main 1 EACH $3,550.0000 $ 3,550.00 4.2.4 10 -Inch Water Main 1 EACH $4,000.0000 $ 4,000.00 4.2.5 12 -Inch Water Main 1 EACH $4,150.0000 $4,150.00 4.3.1 Up to 1 -Inch Long Side Water Service Connection 1 EACH $400.0000 $ 400.00 4.3.2 6 -Inch Water Main 1 EACH $1,900.0000 $ 1,900.00 4.3.3 8 -Inch Water Main 1 EACH $1,950.0000 $ 1,950.00 4.3.4 10 -Inch Water Main 1 EACH $2,250.0000 $ 2,250.00 4.3.5 12 -Inch Water Main 1 EACH $2,300.0000 $ 2,300.00 4.4.1 Up to 2 -Inch Long Side Water Service Connection (in casing) 1 EACH $550.0000 $ 550.00 4.4.2 6 -Inch Water Main 1 EACH $4,800.0000 $ 4,800.00 4.4.3 8 -Inch Water Main 1 EACH $4,900.0000 $ 4,900.00 4.4.4 10 -Inch Water Main 1 EACH $5,000.0000 $ 5,000.00 4.4.5 12 -Inch Water Main 1 EACH $5,200.0000 $ 5,200.00 5.1 6 -Inch Water Main 1 EACH $8,400.0000 $ 8,400.00 5.2 8 -Inch Water Main 1 1 EACH 1$9,000.0000 $ 9,000.00 5.3 10 -Inch Water Main 1 1 EACH 1$10,500.0000 $ 10,500.00 5.4 12 -Inch Water Main 1 I EACH 1$12,500.0000 $ 12,500.00 Subtotal: $ 164,515.00 SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS "Award of Contract will be based on the Total Bid Price of each Scenario' PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS. SCC -4. SCENARIO #1 Four -inch water main (Asbestos Cement Pipe) that runs a length of 450 linear ft. (from north to south) through the easement of a residential neighborhood at 3 -feet deep. This water main loops the system; 25 residents are connected to it. The four -inch water main is wet tapped off of a 20 -inch transmission water main that is in a FDOT roadway and ties into an eight -inch water main 300 linear feet away on to a city roadway. Both four -inch valves are not leaking and are in good condition. Restore asphalt 200 sq. ft. of FDOT approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to a six-inch water main. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton- beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement bidding system. 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. Notes Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification / Individual Projects - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification/Individual Project 1 LS $25.0000 $ 25.00 Scenario Information GC -1 Mobilization/Demobilization 11 ILS 1$5,000.0000 1$5,000.00 Bid Number: 079282121 Vendor Name: Foster �la ine1 r 30� Scenario Information GC -1 MOT Plan per Project, City ROW 1 LS $1,000.0000 $ 1,000.00 Scenario Information GC -1 MOT Plan per Project, PBC/FDOT ROW 1 LS $1,500.0000 $ 1,500.00 Scenario Information GC -1 Pre and Post Construction Video 1 LS $1,000.0000 $ 1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $1.0000 $ 1.00 Scenario Information NPDES NPDES (if applicable) may not exceed 1.5% of Project Cost 1 EA $500.0000 $ 500.00 Scenario Information Drawings Record Drawings (if applicable) 1 EA $2,000.0000 $ 2,000.00 Scenario Information Survey Construction Survey (if applicable) actual cost reimbursed by City 1 LS $1.0000 $ 1.00 Scenario Information R -1A Sod 1000 SF $2.0000 $ 2,000.00 Scenario Information R -1C 3" Asphalt 200 SF $30.0000 $6,000.00 Scenario Information 2.2 HDPE DR11 WM (Pipe Bursting) 450 LF $168.0000 $ 75,600.00 Scenario Information 4.1.1 Up to 1" Short Side Water Service Connection 25 EA $400.0000 $ 10,000.00 Scenario Information 4.1.2 6" Water Main 25 EA $1,550.0000 $ 38,750.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 143,377.00 SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS, SCC -4. SCENARIO #2 Twelve -inch (Cast Iron Pipe) water main that runs 550 linear ft. in utility right-of-way at 6 -feet deep. At the distance of 250 linear feet, the 12 -inch water main reduces to an 10 -inch water main (cast iron). Where the water main reduces from a 12 -inch to an 10 -inch water main, there is a 12 -inch x 10 -inch reducer and an 10 -inch gate valve. One (1) fire hydrant with (1) individual valve, are connected to the water main. There are resident service lines that are fed by this water main, 10 long -side service lines and 10 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 10 -inch if possible. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton -beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement bidding system. 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. Bid Number: 079282121 Vendor Name: Foster �la ine1 U r 30� Notes Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification/Individual Project 1 LS $25.0000 $ 25.00 Scenario Information GC -1 Mobilization/Demobilization 1 LS $5,000.0000 $ 5,000.00 Scenario Information GC -1 MOT Plan, City ROW 1 LS $1,000.0000 $ 1,000.00 Scenario Information GC -1 Pre and Post Construction Video 1 LS $1,000.0000 $ 1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $1.0000 $ 1.00 Scenario Information NPDES NPDES (if applicable) may not exceed 1.5% of Project Cost 1 EA $500.0000 $ 500.00 Scenario Information Drawings Record Drawings (if applicable) 1 EA $2,000.0000 $ 2,000.00 Scenario Information Survey Construction Survey (if applicable) costs reimbursed by City 1 LS $1.0000 $ 1.00 Scenario Information R -1A Sod 1000 SF $2.0000 $ 2,000.00 Scenario Information 2.3 10" HDPE DR 11 WM (Pipe Bursting) 350 LF $200.0000 $ 70,000.00 Scenario Information 2.4 12" HDPE DR 11 WM (Pipe Bursting) 250 LF $220.0000 $ 55,000.00 Scenario Information 3.2 6" Gate Valve 1 EA $2,700.0000 $ 2,700.00 Scenario Information 3.3 10" Gate Valve 1 EA $4,100.0000 $ 4,100.00 Scenario Information 3.7 Install Fire Hydrant on 8" Main 1 EA $4,500.0000 $ 4,500.00 Scenario Information 3.13 10xl0x10 DIP Tee 1 EA $3,800.0000 $ 3,800.00 Scenario Information 4.1.1 Up to 1" Short Side Water Service Connection 10 EA $400.0000 $ 4,000.00 Scenario Information 4.1.2 6" Water Main 10 EA $1,550.0000 $ 15,500.00 Scenario Information 4.3.1 Up to 1" Long Side Water Service Connection 10 EA $400.0000 $ 4,000.00 Scenario Information 4.3.2 6" Water Main 10 EA $1,900.0000 $ 19,000.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 194,127.00 SCENARIO #3 - PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS, SCC -4. SCENARIO #3 Six-inch water main (Asbestos Cement) that runs in utility right- of- way at a depth of four -feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that four (4), eight -inch x six-inch tees be installed along the line; position of tees will be specified by the utility, and four (4) 6 -inch valves to coincide with each tee for future installation of four (4) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short -side services and 10 long -side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6 -inch to an 8 -inch water main. 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 Bid No. 079-2821-21 Pre -Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton -beach. bidsandtenders.net where indicated; 4.1b-2. Identify the line items utilized to develop the proposal; 4.1 b -2a. Call out the item verbatim in the proposal within the Boynton- beach. bidsandtenders. net City's e- procurement Bid Number: 079282121 Vendor Name: Foster Na rine �9ontrrr of bidding system. 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. Notes Amount Item No. Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and unit cost of $25 1-1 Indemnification/Individual Projects 1 LS $25.0000 $ 25.00 Scenario Information GC -1 Mobilization/Demobilization 1 LS $5,000.0000 $ 5,000.00 Scenario Information GC -1 MOT Plan, City ROW 1 LS $1,000.0000 $ 1,000.00 Scenario Information GC -1 Pre and Post Construction Video 1 LS $1,000.0000 $ 1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $1.0000 $ 1.00 Scenario Information NPDES NPDES (if applicable) may not exceed 1.5% of Project Cost 1 EA $500.0000 $ 500.00 Scenario Information Drawings Record Drawings (if applicable) 1 EA $2,000.0000 $ 2,000.00 Scenario Information Survey Construction Survey (if applicable) costs reimbursed by City 1 LS $1.0000 $ 1.00 Scenario Information 2.2 8" HDPE DR11 WM (Pipe Bursting) 1000 LF $168.0000 $ 168,000.00 Scenario Information 3.2 6" Gate Valve 4 EA $2,700.0000 $ 10,800.00 Scenario Information 3.9 8x8x6 DIP Tee 4 EA $675.0000 $ 2,700.00 Scenario Information 4.1.1 Up to 1" Short Side Water Service Connection 20 EA $400.0000 $ 8,000.00 Scenario Information 4.1.2 6" Water Main 20 EA $1,550.0000 $ 31,000.00 Scenario Information 4.3.1 Up to 1" Long Side Water Service Connection 10 EA $400.0000 $ 4,000.00 Scenario Information 4.3.2 6" Water Main 10 EA $1,900.0000 $ 19,000.00 Scenario Information R -1A Sod 4000 SF $2.0000 $ 8,000.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $ 261,027.00 Summary Table Bid Form Amount BID PROPOSAL- PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 164,515.00 SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 143,377.00 SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $ 194,127.00 SCENARIO #3- PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $ 261,027.00 Subtotal Contract Amount: $ 763,046.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid response. Description Response* Comments Is your company a Minority Owned business? No No Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Bid Number: 079282121 Vendor Name: Foster �la ine1 L r 30� Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. P We will not be submitting for Local Business Status Certification Trench Safety Act Affidavit 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 AREA 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. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description, Unit, Quantity, Unit Price, Extended Price and Method Description * Does the business have Is the business registered with Unit Price * Extended Price * Is the business located within the City limits of Boynton Beach, a business tax receipt the Florida Division of Number of years in Business license number* Florida? * issued in the current Corporations? * business TBD $5.00 year? Trench Box n/a n/a r Yes r Yes r Yes n/a Na r No r No r No n/a n/a Trench Safety Act Affidavit 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 AREA 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. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description, Unit, Quantity, Unit Price, Extended Price and Method Description * Unit* Quantity" Unit Price * Extended Price * Method Slope LF TBD $1.00 TBD Slope Trench Box LF TBD $5.00 TBD Trench Box n/a n/a n/a n/a n/a n/a Na n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 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. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name Address Scope of work license No Contract Amount Percentage (%) of Contract Documents Ensure your submission document(s) conforms to the following: 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. Bid Number: 079282121 Vendor Name: Foster �la ine1 r 30� 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. These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form - 1. Bid Form.pdf - Friday June 11, 2021 12:36:34 • Anti -Kickback Affidavit - 2. Anti -Kickback Affidavit.pdf - Friday June 11, 2021 12:36:48 • Non -Collusion Affidavit of Proposer - 3. Non -Collusion Affidavit.pdf - Friday June 11, 2021 12:36:56 • Certification Pursuant to Florida Statute § 287.135 - 4. Certification Pursuant to FS 287.135.pdf - Friday June 11, 2021 12:37:06 • Submit current Florida Professional License, including evidence of possession of required licenses or business permits - 5. Required Licenses.pdf - Friday June 11, 2021 12:37:15 • Warranties - 6. Warranties.pdf - Friday June 11, 2021 13:43:20 • E -Verify Form Pursuant to Florida Statute § 448.095 - 7. E -Verify Form.pdf- Friday June 11, 2021 12:37:33 • Bidder's W-9 - 8. Form W-9.pdf - Friday June 11, 2021 12:37:43 • Submit any Supplemental information relative to this ITB - 9. Supplemental Information.pdf - Friday June 11, 2021 12:45:18 • Additional Document - 10. Scenarios 1-3.pdf - Friday June 11, 2021 13:38:14 Bid Number: 079282121 Vendor Name: Foster �la inne�9ontrrr or Pre -Chlorinated Pipe Burst SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified contractor(s) to demonstrate specific experience in pre -chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre -Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre -chlorinated pipe bursting. The work shall include, but not be limited to: 1) Pipe bursting at various Utility locations 2) Connection of existing water services 3) Maintenance of traffic 4) Site restoration, pavement repairs, resurfacing and striping AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two (2) lowest, responsive, responsible bidder(s), taking into consideration experience, staffing, equipment, materials, references and past performance. TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2) years, May 19, 2021 through May 18, 2023. Bid prices are to be firm for a period of two years. By mutual agreement between the City and the awardee(s), the City may renew the bid at the same terms and conditions for three (3) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of Bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. 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 ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1) copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Bid Number: 079282121 Vendor Name: Foster �la ine1 r 304 Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "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 Contractor shall re -submit a corrected invoice to the City for processing. It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends, City holidays, or past City's business hours. If such work is necessary for the proper care and protection of the work already performed or, except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects. However, the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. If the Utilities Project Manager or his representative requests it, the Contractor shall at any time before final acceptance of the work, remove or uncover such portions of the Bid Number: 079282121 Vendor Name: Foster �la ine1 b r 30� finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work." Should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense. No work shall be performed, nor materials used, without suitable supervision or inspection by the Utilities Project Manager or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. NOTE: All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor. Prior to removal of any traffic control signs that interfere with the construction, the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed. It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period. In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed," the Contractor, nevertheless, shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work. The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies, nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to. Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices (including signs), warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. Bid Number: 079282121 Vendor Name: Foster �la ine1 / r 30� b. The Contractor shall provide the necessary access to all adjacent property during construction. C. Special attention shall be given for directing the flow of pedestrian and vehicular traffic, especially in areas surrounding schools. At the discretion of the Utilities Project Manager, and or his designee, the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense, for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets, roads and work areas specified herein. d. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. C. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error orjudgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided, the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State, County, City, AWWA, or industry testing requirements. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for all retesting shall be the Contractor's responsibility. STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work. If any materials or part of the work be lost, damaged or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards, barriers, and at night, suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. 17, I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Howard Wight, President, Foster Marine Contractors, 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 addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 079282121 Vendor Name: Foster �la ine1 r 30� I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum No. 2 Pre -Chlorinated Pipe Bursting of Potable Water Mains Thu June 3 2021 11:32 AM Addendum No. 1 Pre -Chlorinated Pipe Bursting of Potable Water Mains Wed May 26 2021 10:47 AM Bid Number: 079282121 Vendor Name: Foster �la ine1 r o4 Bid Number: 079282121 Vendor Name: Foster �la ine1Co O o4 H ,JZ THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITYand KILLEBREW, INC., a corporation partnership_ sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of AUGUST 3. 2021, by Resolution No.: 1111211-099, the CITY No.: 078-2821-21 and� NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 . 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, dentals and appurtenances to complete the scope of work in the manner and form provided in the Contract Documents entitled: PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS, Invitation to Bid #079-2821-21 Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at time of need, 1.1 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. 3.1 This initial Agreement period shall be for an initial term of two (2) years, commencing on August 3, 2021 — August 2, 2023. The City reserves the right to renew the agreement with the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a month period, Article 4. PAYMENT PROCEDURES. Bid No. 079-2821.21 - Pl LORINAT E D PIPE W RSTIN G C-1 Revised 41'13/2021 Page 141 of 347 LEEMMMEMSM a, Payment for the work provided by Contractor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Contractor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. W The Contractor may submit invoices to the City once per month during the progress of tlre work for partial payment, Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. cFinal payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. e, The Contractor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement, Copies shall be made available upon request. Article 6. CONTRACTOR GUARANTEE. by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period, Article 6. The Contractor shall not sublet orassign any ofthe services covered hythis Agreement without the express written consent ofthe City. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are asfully apart ofthe Contract maif attached hereto: 7.1 Invitation hoBid T2 Instructions to Bidders T3 Bid Fmnnm (including the Bid. Bid Schedule(s), Information Required ofBidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7A Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 77 Special / Supplemental Conditions T8 Technical Specifications 4,9 City Construction Standards and Details (available online at: www.b ylL rj- 7.8 Drawings/Plans entitled: Appendix /k Bid muc79-za21-2z-PRE -CHLORINATED PIPE BUR� ING C -z Revised 4/13/2021 Page 142 of 347 7.10 Addendum No, I Dated 5-26-202 7.11 Addendum No, 2 Dated 6-3-20211 Article 8. INTEGRATED AGREEMENT. or oral. This agreement may be amended only by written instrument signed by both City and Firm. 4. F—'TjTL40WWL0U* 111:21mmolwakaligXam to be rendered under this agreement Article 11. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contra comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence air 1.000� tiijW� g4 $1000,000 uer occurrence/a re ate for *rope WON aWregaie,-Trlin GeTerlSe COSTS in auumlrl TO AMR51 771MIS (AfIlperlsailivirl 11-15,111.1-arlue, MITT insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" a shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior writt notice to the City. Certificates of coverage as required by this section shall be delivered to the City with fifteen (15) days of execution of this agreement. Article 12. COVENANT AGAINST CONTINGENT FEES. Tk a - L f1dS--n`[@T- —Ift lit the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other considerati contingent upon or resulting from the award or making of this contract. For breach or violation of this warraW, the C4 shall have the Wht to annul this contract without liabili or, in RTC e W I I C11CI IritirTl Me QVILIBI(A All 1(;e III[ III of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Article 13. INDEPENDENT CONTRACTOR. j" "t It 'Ij I 'u I Bid No.079�2821-21- PRE-CHLORINATEDIRWE BURSTING Revised 4/13/2021. Page 143 of 347 otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. Article 14. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Article 16, TERMINATION. 15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 151 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, Article 16. DISPUTES. Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Utilities Department Attn: Tremaine Johnson-(�-*-,ejPJirj,,s Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6476 City of Boynton Beach Finance Department 100 E. Ocean Avenue Boynton Beach, FL 33435 Tel (5 61) 742-6310 Fax (561) 742-6316 CONTRACTOR: Killebrew, Inc. ADDRESS: P.O. Box CITY/STATE/ZIP: Lakeland, Florida 33805 Attn Adre Poleon Tel: 863-701-0273 Fax� 863-701-0273 Email: aJr @�Hlebrewiric.net -9-t Article 18. INDEMNITY. 0 $190ffmam M WHY Bid No, 079,2821 21. - PRE -CHLORINATED PIPE BURSTING Revised 4/13/2021 CA Page 144 of 347 to include the foregoing indemnification and the Specific« w- • Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time lim iefined as CONSULTANT charges associated with the construction contract administration, includi resident project representative costs, M •` IIM •'� Sealed documents received by ww to an invitation• • public • • disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 11 9,07 The City is a public agency subjectto Chapter 119, Florida Statutes, The Contractor• • Florida's Public • wSpecifically,• • 20.2 Tpon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida "" or otherwise provided by public203 Ensure that • is that are exempt or • •" and exempt •. public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copiesof • «" and exempt recordsw in its possession once the Contractor transfers the re« • possession to the City; and, A M iM A � � N AM Y • �.. YIA � A A. CRYSTAL MN Y CLERK)SON (CITY F OCEAN100 E. AVENUE AIM # BEACH, FLORIDA 33435 561-742-6061 AM • • Bid No, 079-2821-21 _ PRE -CH & ORINATED PIPE BURSTING Revised 4/13/2021. C-5 Page 145 of 347 Article 21. SCRUTINIZED COMPANIES 287.135 and 216.473. pp�giqn jijpq�Iiiii I I I TrreTffer*TerS-Ar I T6717M-frY@—,Ye7U(T#TFWWT77. #IT# I Te I I tel I 1121111 1 Iff it time. Article 22. E -VERIFY 22.1 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: MOM ME 0 0 . , aM11 11 M-MMANIS, Irraltes, 1 Frier renillneravion. " D 1 not i1mi 1111101111100 1 " 01111 INNOWWWWOW-1111111111 InQ[IjUe,-U IS utr a'''Se w 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. 11W1N1110WWWW___- 11 1 11 11 11 -IBM_ 9 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 frorn 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 Bid No. 079 2821-21 - PRE -CHLORINATED PIPE BURSTING Revised 4/13/2021 C-6 Page 146 of 347 unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration mf 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 aasuch. |fthis contract isterminated for aviolation ofthe statute by the Contractor, the Contractor may not be awarded e public contract for o period of one (1) year after the date oftermination, 0131 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bouncl� and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent t�o an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, 232 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents, Bid mo�oreuuzz21-pns,C*LOm/nAroPIPE BURSTING Revised 4/13/2021 M Page 147 of 347 "This Agreement wdtake effect once signed by both paffies. This Agreement may be signed by the parties in counterparts wh together shael constitute one and the same agreement aniong the parlies A facsftle signature shall constitute an orrgina0 signature for Mt puq'.)oses ' IN WITNESS WHEREOF, the parties have hereunto set thehr hands, and seaus otj the day and year set forth betow their respecfive signatures IN WITNESS WHEREOF, the parties hereto have executed this Contract m multape copies each of which shah be considered ari original on the following dates DDI EDthm day of2021, _.._....._.._..................w_.. ................ Loro Laverhere, pity Marlagw Approved Atte ted/Authenticated 0 s ysW Gibson OyftCierk F ct 14o "7 k( M [OITA M, i ML kF fit Z>19na ure), Co:mLpny Print Mame of Authorized Official 17114 4 7 Me (Corporate Seal) Attest/Authenticated Wiuk!ess as i Print Name Page 148 of 347 11,11 t'OM10"", KNOW ALL MEN BY THESE PRESENTS: that .�ereinafter called Contractor, and (Name and address of Surety) of MINE I F I I I I 111:11111P I I 111 1111111 111 1111 1 � I I I I I I I I III I I I E.. � .. (Insert name of Contractor) � M 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, Bid No, 079-2821-21 - PRE -CHLORINATED PIPE BURSTING PFB- I THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 149 of 347 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. 1OZ4 cold 040K91711ITA miff"L01111011 NOW I I QVVIANMEMALS0114 ON" 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. 101141,1- IMIGNMI NAM I 1 1, 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. Bid No, 079-2821-21— PRE CHLORINATED PIPE BURSTING THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 2 Page 150 of 347 Signed and sealed this •. of Principal (Seal) NO Surety Attorney -in -Fact Bid No, 079-2821-21 - PRE-CHLOWNATED PIPE BURSTING k I'tLll:f*T*TkTi]L*4'TiUW.T*;S'fl'dU-td-$]F*.YK4TilemiLletol.9-I Page 151 of 347 H F21--VU14 KNOW ALL MEN BY THESE PRESENTS: that • M 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 ($ ), 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 entered into a contract with Owner for drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract NER1 in accordance with which contract is by 119 W 0 0 - 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: . ... . ....... 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 forthe 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, Bid Nm 079-2821-21 -- PRE -CHLORINATED PIPE BURSTING PYB- THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED Page 152 of 347 Unless claimant, other than one having edirect contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above nemed, within ninety (@U)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 cfthe party towhom the materials were furnished, orfor 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 bemade byepublic officer. Signed and sealed this day of 2021� Principal (Seal) Witness Attorney -in -Fact Bid No. oze2821-a1-PRE CxLORI mxroPIPE BURSTING vn*2 THIS FORM SHALL oeEXECUTED B,CONTRACTOR AND SUBMITTED Page 153 of 347 M • .s • MVITIA 1*4 .1111 Z I WA01 = I a a 0 COUNTY OF --- being first duly sworn, deposes and says as follows: He is of I (Title) (Name of Corporation or Firm) a Florida ••..• Check One which is named in Construction Contract dated the _ day of , 20 1 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction • 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 , •. to the Owner at the time • •. free and clear • all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or This statement under oath is given in compliance with Section 713.06 Florida Statutes. um Sworn to and subscribed before me this •. • , 2021 Bid No 079-2821 21, - PRE -CHLORINATED PIPE BURSTING THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT W7,-1 Page 154 of 347 0 0 1 Risk Management Department 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' 'o. of "B f or higher, (NOIE: An insuranceon tract ctract or bindmhe ft er ay �erllic-ale is1n,ovided ujronselecflon qfvendor) 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.) 11a (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Autornobile Liability Any Auto All (-)wiled Autos Hired Autos Non -Owned Autos MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,()0().00 Products-Comp/Op Agg. S 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,0W00 Med, Expense (any one person) 5,000.00 Aggregate - $1,000,OWOO --------------- --------------------------------------------- Combined Single Limit $ 1,000,00OX)o Excess Liability Each Occurrence to be determined Undirella Form Aggregate to be determined Worker's Compensation Statutory, Limits Employer's Liability 1',ach Accident $ 1,000,0()0.00 Disease, Policy Limit $ 1,000,00000 Disease Each Employee $ 1,0()0,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified Revised 04/2021 INSURANCE ADVISORY $ 300,000.00 Limits based on PrQject Cost Limits based on Project Cost to be determined Page 155 of 347 079292121 - Pre-Chlorinated Pipe Bursting of Potable Water Mains - Quote Form - BID PROPOSAL - PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Murphy Pipeline Contractors LLC Killebrew inA Foster Marine Contractors Submission 1 submiss'on 1 5u1,miss...1 ESTIMATED ITEM ND GC -1 DESCRIPTIONUlm MobIIIe. -/ Demobilization Per Project 1 UNIT LUMPSUM UNIT COST TOTAL $15,000.0000 $15,00000 UNIT CDST $22,000-0000 TOTAL $22,000.00 UNIT COST $5,000.0000 TOTAL $5,000.00 GC -1 Maintenanceof Traffic(MDT) Plan Per Project City Right-of-Way 1 LUMPSUM $5,000.0000 $5,000.00 $5,500.0000 $5,500.00 $1,000.0000 $l,000.00 GC -1 Malntenanceof Trafflc(MOT)Plan Per Project Palm Beach County FDOT Roadway 1 LUMP SUM $5,000.0000 $5,00000 $7,700-0000 $7,700.00 $1,500.0000 $1,500.00 GC -1 Pre and Port Construction Video 1 LUMP SUM $1,000.0000 $1,00000 $5,500.0000 $5,500.00 $1,000.0000 $1,000.00 Permit Applicable P-A Allowance(actual co-imbursement by the City) 1 EACH(TBA) $o.0000 $0.00 $0.0000 $C.00 $0.0000 $0.00 NPDES NPDESbfapplicable)May Not Exceed l.5%of the Project Cost 1 EACH(TBA) $0.0000 $000 $0.0000 $0.00 $0.0000 $0.00 Drawings Record Drawings(if a pplica ble) 1 EACH(TBA) $o.0000 $0.00 $0.0000 $C.00 $0.0000 $0.00 Survey Const,c.i"Surveybfappllcable actual cost reimbursement by the City) 1 LUMP SUM (TBA) $0.0000 $0.00 $0.0000 $0.00 $0.0000 $0.00 1-1 Indemnification/ Individual Projects 1 LUMP SUM (25.00) $25.0000 $25.00 $0.0000 $0.00 $25.0000 $25.00 R1 Sod 1 SQUAREFOOT $0.7200 $0.72 $0.9500 $0.95 $2.0000 $2.00 R1 6" Concrete 1 SQUARE FOOT $12.5000 $12.50 $ 9.5000 $9.50 $ 8.0000 R-lC 3" Asphalt 1 SQUARE FOOT $ 6.5000 $6.50 $10.0000 $10.00 $ 30.0000 $30.00 R-1D Curb 1 LUMP SUM $40.0000 $40.00 $55.0000 $55.00 $100.0000 $100.00 2.1 6-Inch HDPE DRll by Pre -Chlorinated Pipe Bursting 1 LINEAR FOOT $ 68.0000 $68.00 $ 83.0000 $83.00 $135.0000 $135.00 2.2 B-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $ 80.0000 $80.00 $ 97.0000 $97.00 $155.0000 $155.00 2.3 IDInchHDPE DRll by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $ 98.0000 $98.00 $112.0000 $112.00 $180.0000 $180.00 2.4 12 Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $126.0000 $126.00 $146.0000 $146.00 $ 200.0000 $200.00 3.1 4-Inch Gate VA,. 1 EACH $ 1,067.0000 $1,067.00 $1,595.0000 $1,595.00 $ 2,300.0000 $2,300.00 3.2 6 Inch Gate Valve 1 EACH $ 1,176.0000 $1,1]6.00 $1,815.0000 $1,815.00 $ 2,700.0000 $2,7DD.00 3.3 B-Inch Gate Valve 1 EACH $1,480.0000 $1,480.00 $2,659.0000 $2,659.00 $3,000.0000 $3,000.00 3.4 1D Inch Gate Valve 1 EACH $1,843.0000 $1,84300 $3,542.0000 $3,542.00 $4,100.0000 $4,1DD.00 3.5 12InchGate Valve 1 EACH $2,793.0000 $2,793.00 $3,900.0000 $3,900.00 $5,000.0000 $5,000.00 3.6 Install Fire Hydrant on 6-Inch Water Mc,n 1 EACH $3,000.0000 SAFE 00 $5,060.0000 $5,060.00 $4,200.0000 $4,2DD.00 3.7 Install Fire Hydrant on 8-Inch Water Main 1 EACH $3,300.0000 $3,100.00 $5,250.0000 $5,250.00 $4,500.0000 $4,500.00 3.8 Tee 6.6x6 1 EACH $ 735.0000 $735 00 $ 61o.0000 $610.00 $ 2,100.0000 $2,100.00 3.9 Tee 8.8.6 1 EACH $ 825.0000 $825.00 $ 740.0000 $740.00 $ 2,500.0000 $2,500.00 3.10 Tee 8.8x8 1 EACH $850.0000 $85000 $855.0000 $855.00 $2,700.0000 $2,7DD.00 3.11 Tee 10.10.6 1 EACH $ 970.0000 $970.00 $1,000.0000 $1,000.00 $ 3,400.0000 $3,400.00 3.12 Tee 10.10x8 1 EACH $1,000.0000 $1,00000 $1,065.0000 $1,065.00 $3,500.0000 $3,500.00 3.13 Tee 10.10.10 1 EACH $ 1,025.0000 $1,025.00 $1,210.0000 $1,210.00 $ 3,800.0000 $3,800.00 3.14 Tee-12x6 1 EACH $1,165.0000 $1,16500 $1,20.0000 $1,210.00 $4,300.0000 $4,300.00 3.15 Tee 12.12.8 1 EACH $ 1,200.0000 $1,200.00 $1,410.0000 $1,410.00 $ 4,500.0000 $4,500.00 3.16 Tee 12.12x10 1 EACH $1,225.0000 $1,225 C $1,485.0000 $1,485.00 $5,100.0000 $5,100.00 3.17 Tee 12.12.12 1 EACH $ 1,250.0000 $1,25000 $1,650.0000 $1,650.00 $ 5,300.0000 $5,100.00 4.1.1 Up to l-Inch Short Side Water Service Connection 1 EACH $ 606.0000 Sa5n- $1,485.0000 $1,485.00 $ 400.0000 $400.00 4.1.2 6-Inch Water Men 1 EACH $637.0000 $63700 $220.0000 $220.00 $1,550.0000 $1,550.00 4.1.3 B-Inch Water Main 1 EACH $ 655.0000 $655.00 $ 275.0000 $275.00 $1,575.0000 $1,575.00 4.1.4 10InchWater Man 1 EACH $891.0000 $89100 $330.0000 $330.00 $1,750.0000 $1,750.00 4.1.5 12 Inch Water -n 1 EACH $922.0000 $922.00 $305.0000 $385.00 $1,780.0000 $1,780.00 4.2.1 Up to 2-Inch Short Side Water Seryice Connection 1 EACH $800.0000 $80000 $1,980.0000 $1,980.00 $550.0000 $550.00 4.2.2 6Inch Water Main 1 EACH $850.0000 $850.00 $275.0000 $275.00 $3,425.0000 $3,425.00 4.2.3 8-Inch Water Main 1 EACH $900.0000 $90000 $330.0000 $330.00 $3,550.0000 $3,550.00 4.2.4 1D Inch Water Main 1 EACH $950.0000 $950.00 $385.0000 $385.00 $4,000.0000 $4,000.00 4.2.5 12InchWater Main 1 EACH $1,000.0000 $1,00000 $440.0000 $440.00 $4,150.0000 $4,150.00 4.3.1 Up to 1 Inch Long Side Water Service Connection 1 EACH $1,176.0000 $1,176.00 $2,310.0000 $2,310.00 $400.0000 $400.00 4.3.2 6-Inch Water Main 1 EACH $1,225.0000 $1,22500 $220.0000 $220.00 $1,900.0000 $1,900.00 4.3.3 8-Inch Water Main 1 EACH $ 1,250.0000 $1,250.00 $ 275.0000 $275.00 $1,950.0000 $1,950.00 4.3.4 1DInchWater Man 1 EACH $1,372.0000 $1,37200 $330.0000 $330.00 $2,250.0000 $2,250.00 4.3.5 12 Inch Water Main 1 EACH $1,764.0000 $1,764.00 $385.0000 $385.00 $2,300.0000 $2,300.00 4.4.1 Up to 2-Inch Long Side Water Seryice Connection (In casing) 1 EACH $1,400.0000 $1,400.00 $ 3,040.0000 $3,040.00 $ 550.0000 $550.00 4.4.2 6-Inch Water Main 1 EACH $1,450.0000 $1,450.00 $275.0000 $275.00 $4,800.0000 $4,800.00 4.4.3 B-Inch Water Men 1 EACH $1,600.0000 $1,600.00 $330.0000 $330.00 $4,900.0000 $4,900.00 4.4.4 1D Inch Water Main 1 EACH $1,80o.0000 $1,800.00 $385.0000 $385.00 $5,000.0000 $S,EEE.00 4.4.5 12InchWater Man 1 EACH $2,100.0000 $2,100.00 $440.0000 $440.00 $5,200.0000 $5,200.00 5.1 6-Inch Water Main 1 EACH $6,500.0000 $6,500.00 $7,920.0000 $7,920.00 $8,400.0000 $8,400.00 5.2 B-Inch Water Men 1 EACH $8,000.0000 $8,000.00 $9,680.0000 $9,680.00 $9,000.0000 $9,000.00 53 l' 'ch Water Main 1 EACH $10,000.0000 $10,000.00 $13,120.0000 $13,120.00 $10,500.0000 $10,500.00 5.4 12inchWater Men 1 EACH $ 15,000.0000 115,000.00 $14,586.0000 $14,586.00 $12,500.0000 $12,500.00 Subtotal: $114,008.72 $135,670.45 $164,515.00 Page 156 of 34T Page 157 of 347 079282121- Pre -Chlorinated Pipe Bursting of Potable Water Mains - Quote Form - SCENARIO #1 - PRE -CHLORINATED PIPE BURSTING OF POTA —T 11- 1, 1.1 11 —T 11- 11Q—,low 11 sZ 0000 ss lZ Z- ZZ W-1 11— 11 11 1 079292121 - Pre-Chlorinated Pipe Bursting of Potable Water Mains - Quote Form - BID PROPOSAL - PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Murphy Pipeline Contractors LLC Killebrew inA Foster Marine Contractors Submission 1 submiss'on 1 5u1,miss...1 ESTIMATED ITEM ND GC -1 DESCRIPTIONUlm MobIIIe. -/ Demobilization Per Project 1 UNIT LUMPSUM UNIT COST TOTAL $15,000.0000 $15,00000 UNIT CDST $22,000-0000 TOTAL $22,000.00 UNIT COST $5,000.0000 TOTAL $5,000.00 GC -1 Maintenanceof Traffic(MDT) Plan Per Project City Right-of-Way 1 LUMPSUM $5,000.0000 $5,000.00 $5,500.0000 $5,500.00 $1,000.0000 $l,000.00 GC -1 Malntenanceof Trafflc(MOT)Plan Per Project Palm Beach County FDOT Roadway 1 LUMP SUM $5,000.0000 $5,00000 $7,700-0000 $7,700.00 $1,500.0000 $1,500.00 GC -1 Pre and Port Construction Video 1 LUMP SUM $1,000.0000 $1,00000 $5,500.0000 $5,500.00 $1,000.0000 $1,000.00 Permit Applicable P-A Allowance(actual co-imbursement by the City) 1 EACH(TBA) $o.0000 $0.00 $0.0000 $C.00 $0.0000 $0.00 NPDES NPDESbfapplicable)May Not Exceed l.5%of the Project Cost 1 EACH(TBA) $0.0000 $000 $0.0000 $0.00 $0.0000 $0.00 Drawings Record Drawings(if a pplica ble) 1 EACH(TBA) $o.0000 $0.00 $0.0000 $C.00 $0.0000 $0.00 Survey Const,c.i"Surveybfappllcable actual cost reimbursement by the City) 1 LUMP SUM (TBA) $0.0000 $0.00 $0.0000 $0.00 $0.0000 $0.00 1-1 Indemnification/ Individual Projects 1 LUMP SUM (25.00) $25.0000 $25.00 $0.0000 $0.00 $25.0000 $25.00 R1 Sod 1 SQUAREFOOT $0.7200 $0.72 $0.9500 $0.95 $2.0000 $2.00 R1 6" Concrete 1 SQUARE FOOT $12.5000 $12.50 $ 9.5000 $9.50 $ 8.0000 R-lC 3" Asphalt 1 SQUARE FOOT $ 6.5000 $6.50 $10.0000 $10.00 $ 30.0000 $30.00 R-1D Curb 1 LUMP SUM $40.0000 $40.00 $55.0000 $55.00 $100.0000 $100.00 2.1 6-Inch HDPE DRll by Pre -Chlorinated Pipe Bursting 1 LINEAR FOOT $ 68.0000 $68.00 $ 83.0000 $83.00 $135.0000 $135.00 2.2 B-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $ 80.0000 $80.00 $ 97.0000 $97.00 $155.0000 $155.00 2.3 IDInchHDPE DRll by Pre -Chlorinated pipe bursting 1 LINEAR FOOT $ 98.0000 $98.00 $112.0000 $112.00 $180.0000 $180.00 2.4 12 Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $126.0000 $126.00 $146.0000 $146.00 $ 200.0000 $200.00 3.1 4-Inch Gate VA,. 1 EACH $ 1,067.0000 $1,067.00 $1,595.0000 $1,595.00 $ 2,300.0000 $2,300.00 3.2 6 Inch Gate Valve 1 EACH $ 1,176.0000 $1,176.00 $1,815.0000 $1,815.00 $ 2,700.0000 $2,7DD.00 3.3 B-Inch Gate Valve 1 EACH $1,480.0000 $1,480.00 $2,659.0000 $2,659.00 $3,000.0000 $3,000.00 3.4 1D Inch Gate Valve 1 EACH $1,843.0000 $1,84300 $3,542.0000 $3,542.00 $4,100.0000 $4,1DD.00 3.5 12InchGate Valve 1 EACH $2,793.0000 $2,793.00 $3,900.0000 $3,900.00 $5,000.0000 $5,000.00 3.6 Install Fire Hydrant on 6-Inch Water Mc,n 1 EACH $3,000.0000 SAFE 00 $5,060.0000 $5,060.00 $4,200.0000 $4,2DD.00 3.7 Install Fire Hydrant on 8-Inch Water Main 1 EACH $3,300.0000 $3,100.00 $5,250.0000 $5,250.00 $4,500.0000 $4,500.00 3.8 Tee 6.6x6 1 EACH $ 735.0000 $735 00 $ 61o.0000 $610.00 $ 2,100.0000 $2,100.00 3.9 Tee 8.8.6 1 EACH $ 825.0000 $825.00 $ 740.0000 $740.00 $ 2,500.0000 $2,500.00 3.10 Tee 8.8x8 1 EACH $850.0000 $85000 $855.0000 $855.00 $2,700.0000 $2,7DD.00 3.11 Tee 10.10.6 1 EACH $ 970.0000 $970.00 $1,000.0000 $1,000.00 $ 3,400.0000 $3,400.00 3.12 Tee 10.10x8 1 EACH $1,000.0000 $1,00000 $1,065.0000 $1,065.00 $3,500.0000 $3,500.00 3.13 Tee 10.10.10 1 EACH $ 1,025.0000 $1,025.00 $1,210.0000 $1,210.00 $ 3,800.0000 $3,800.00 3.14 Tee-12x6 1 EACH $1,165.0000 $1,16500 $1,20.0000 $1,210.00 $4,300.0000 $4,300.00 3.15 Tee 12.12.8 1 EACH $ 1,200.0000 $1,200.00 $1,410.0000 $1,410.00 $ 4,500.0000 $4,500.00 3.16 Tee 12.12x10 1 EACH $1,225.0000 $1,225 C $1,485.0000 $1,485.00 $5,100.0000 $5,100.00 3.17 Tee 12.12.12 1 EACH $ 1,250.0000 $1,25000 $1,650.0000 $1,650.00 $ 5,300.0000 $5,100.00 4.1.1 Up to l-Inch Short Side Water Service Connection 1 EACH $ 606.0000 Sa5n- $1,485.0000 $1,485.00 $ 400.0000 $400.00 4.1.2 6-Inch Water Men 1 EACH $637.0000 $63700 $220.0000 $220.00 $1,550.0000 $1,550.00 4.1.3 B-Inch Water Main 1 EACH $ 655.0000 $655.00 $ 275.0000 $275.00 $1,575.0000 $1,575.00 4.1.4 10InchWater Man 1 EACH $891.0000 $89100 $330.0000 $330.00 $1,750.0000 $1,750.00 4.1.5 12 Inch Water -n 1 EACH $922.0000 $922.00 $305.0000 $385.00 $1,780.0000 $1,780.00 4.2.1 Up to 2-Inch Short Side Water Seryice Connection 1 EACH $800.0000 $80000 $1,980.0000 $1,980.00 $550.0000 $550.00 4.2.2 6Inch Water Main 1 EACH $850.0000 $850.00 $275.0000 $275.00 $3,425.0000 $3,425.00 4.2.3 8-Inch Water Main 1 EACH $900.0000 $90000 $330.0000 $330.00 $3,550.0000 $3,550.00 4.2.4 1D Inch Water Main 1 EACH $950.0000 $950.00 $385.0000 $385.00 $4,000.0000 $4,000.00 4.2.5 12InchWater Main 1 EACH $1,000.0000 $1,00000 $440.0000 $440.00 $4,150.0000 $4,150.00 4.3.1 Up to 1 Inch Long Side Water Service Connection 1 EACH $1,176.0000 $1,176.00 $2,310.0000 $2,310.00 $400.0000 $400.00 4.3.2 6-Inch Water Main 1 EACH $1,225.0000 $1,22500 $220.0000 $220.00 $1,900.0000 $1,900.00 4.3.3 8-Inch Water Main 1 EACH $ 1,250.0000 $1,250.00 $ 275.0000 $275.00 $1,950.0000 $1,950.00 4.3.4 1DInchWater Man 1 EACH $1,372.0000 $1,37200 $330.0000 $330.00 $2,250.0000 $2,250.00 4.3.5 12 Inch Water Main 1 EACH $1,764.0000 $1,764.00 $385.0000 $385.00 $2,300.0000 $2,300.00 4.4.1 Up to 2-Inch Long Side Water Seryice Connection (In casing) 1 EACH $1,400.0000 $1,400.00 $ 3,040.0000 $3,040.00 $ 550.0000 $550.00 4.4.2 6-Inch Water Main 1 EACH $1,450.0000 $1,450.00 $275.0000 $275.00 $4,800.0000 $4,800.00 4.4.3 B-Inch Water Men 1 EACH $1,600.0000 $1,600.00 $330.0000 $330.00 $4,900.0000 $4,900.00 4.4.4 1D Inch Water Main 1 EACH $1,80o.0000 $1,800.00 $385.0000 $385.00 $5,000.0000 $S,EEE.00 4.4.5 12InchWater Man 1 EACH $2,100.0000 $2,100.00 $440.0000 $440.00 $5,200.0000 $5,200.00 5.1 6-Inch Water Main 1 EACH $6,500.0000 $6,S00.00 $7,920.0000 $7,920.00 $8,400.0000 $8,400.00 5.2 B-Inch Water Men 1 EACH $8,000.0000 $8,000.00 $9,680.0000 $9,680.00 $9,000.0000 $9,000.00 53 l' 'ch Water Main 1 EACH $10,000.0000 $10,000.00 $13,120.0000 $13,120.00 $10,500.0000 $10,500.00 5.4 12inchWater Men 1 EACH $ 15,000.0000 115,000.00 $14,586.0000 $14,586.00 $12,500.0000 $12,500.00 Subtotal: $114,008.72 $135,670.45 $164,515.00 Page 159 of 34T Page 160 of 347 079282121- Pre -Chlorinated Pipe Bursting of Potable Water Mains - Overview of Specifications and Schedule of Prices Page 161 of 347 Murphy Pipeline Contractors LLC Killebrew Inc Foster Marine Contractors Trench Safety Act Affidavit Submission 1 Submission 1 Submission 1 Schedule/Specification Total Total Total BID PROPOSAL- PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $114,008.72 $135,670.45 $164,515.00 SCENARIO 41 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $73,922.00 $82,750.00 $143,377.00 SCENARIO 42 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $140,555.60 $193,551.00 $194,127.00 SCENARIO #3 -PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $134,629.00 $242,695.00 $261,027.00 Bid Farm Yes Yes Yes Bidder's Dualificaion Statement Yes Yes Yes Certification Pursuant to Florida Statute § 287.135 Yes Yes Yes Anti -(Kickback Affidavit Yes Yes Yes E -Verify Form Pursuant to Florida Statute § 448.095 Yes yes Yes Non -Collusion Affidavit of Proposer Yes Yes Yes Confirmation of Minority Owned Business Yes - N/A Yes - N.A Yes - NALocal Business Status Certification Yes - Not Local Yes - Not Local Yes- Nat Local Page 161 of 347 Trench Box LF (1)$25.00 -$25.00 -Trench Slope LF TBD $1.00 TBD Slope; Trench Box LF Trench Safety Act Affidavit Box Trench Box LF (1000) $12.00 $12,000.00 Trench Box TBD $5.00 TBD Trench Box State of FL DBPR- Construction lndusrty Licensing State of FL DBPR- Construction lndusrty Licensing Board- Board - License # CCC1521085 Exp. 8/31/22; FDOT License # CGC1616807 Exp 8/31/22, CUC1224160 Exp. B/31/22; CFC1428425 Exp 8/31/22; Board of Engineers License # [e rtiflcatlons; OSHA Certifications; Red Cross Submit current Florida Professional License, including evidence of passessian of State Df FL DBPR- Construction Ind usrty PE50664 Exp 2/28/23 [ertification; DEP Certification; Unified Rental required licenses or business permits Licensing Board - Expires August 31, 2022 Confined Space Certification Sub -contractors None Yes -(2) Nadir Testing; North Point Land Survey None Warranties Yes Yes Yes W-9 Included Included Included Page 161 of 347 Page 162 of 347 079282121 - Pre -Chlorinated Pipe Bursting of Potable Water Mains -Quote Form -SCENARIO #2 - PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS 079282121 - Pre -Chlorinated Pipe Bursting of Potable Water Mains - Quote Form - SCENARIO #3 - PRE -CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS Ill— I I d—,f-1,.,/,d d-1 I LI $ 1 1, l Ll LI ""II 1 1, -11, 1 Ll $ lI, 1 111-1111, .1 (11TI I LI ssplo1111 11111 1, .1 .1 T1,111, (11-1 1m, I I � sss000000 III 1, 1 ..T 11- 111w 1 LI U 1 17- P- 1,11t—tIll I LI 11 e, I f -ffi, fIlITI Ill, P 1 I— 1,szcoo.000l 5zcoo.11 eFiP,, - P- I Idl. Ll $ 1-11,Ap 11-11� 1-111 l In I IIII $I I, I, l 1� 1111 $1 Ill 11 1-111 APP11.11I 1-11 Al-- l 1A All-- e,—1 , l Ie szso IIII szso I, .—, —II (l l 1A 11111110 C.11 TID ... ...... Ppj_,Ie) l IA so IIII $I Il NIIII NIIII or -11-1e) I.'. l ea szl1111 $111,1, 1—"" (( PPI -11e) l ,area —1 eagl C h lildl Plpl�l 1� 1111 Ll I III, I, $I I., $I I, l", Ll SLee loon I Ilmm laeevaroe o IA I, I I I- 1 1, 5211III 1"11 1, y 1111 11 1� I I T" I� sI"" ' sla to as T.e '1h I 1 1— 1 111,11 a I ... 511111 1'eII I I I'p'lx.' I'l Il I 1,1� W—r 2'1 1a saol.0000 I 1.114t 111.1111 11111.11 as 21 T", :r mm W�were,"I I'll 11 11 uoo as.z s mm were, mem lo Ie 5111.0000 5se11.00 5,,", 1, $—'11.1, 7.B. Consent Bids and Purchases Over $100,000 8/2/2022 Requested Action by Commission: Re -Award Task Order No. F-03-2022, Boynton Beach Women's Club Restrooms, part of Bid No. 028-2511-20/RW for Minor Construction Services and authorize the issuance of a purchase order to Anzco, Inc. of as the lowest, responsive, responsible bidder for the total amount of $115,000. Explanation of Request: On April 5, 2022, The City Commission approved Task Order F-03-2022 award to 1. Q. Constructions, Inc. Due to 1. Q. Constructions, non performance and inability to meet the project schedule, on July 12, 2022 the City issued a Notice of Termination for Minor Construction Services, RFQ 028-2511-20/RW. On July 15, 2022, Public Works Engineering held a second mandatory site visit with the minor construction services pool of vendors. To review work which still needs to be completed and get updated quotes to complete this project. On July 21, 2022 Procurement Services received quotes from the minor construction pool of vendors. After reviewing the two (2) submittals, staff recommends the project be awarded to Anzco, I nc., as the lowest responsive, responsible bidder. 1. Anzco, Inc. $115,000.00 2. Homrich Corp. $124,000.00 3. RPM General Contractors, Inc. No Bid Response How will this affect city programs or services? The remodeling of the Boynton Beach Women's Club Restrooms will bring ADA access, allowing use by all patrons that partake in the events held at this venue. Fiscal Impact: Budgeted 302-4145-580.62-01 RP2203 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 165 of 347 Is this a grant? Grant Amount: Attachments: Type D fibl) &I -)eels D OLK)t(.,lS D QLK)tElS Description �Re lbid T,,..dbulaboin Sheet Ainwo, II inc Quote I ioirnridl[i Coiq,.) Quote Page 166 of 347 d N c O Q N N m O z 8 Co O J O 0 0 O O C C O - O O 0 0 0 N N N C Lid LO T Q T T N m C0 V} N ' C:i E E >O > R Q Z co Z 21OLOO� m H :3 O N N V) 0O� j � H N O LU LL O E cA ~ C N OD 00 _0 W �wO(n O m 75 r- 8 Co O J O O O O v O O - O O 04 � O N N T T d 619 V} H O i H 7 U N m C0 N ' C:i a' E >O > NN N , N E �_ N Q Z co 21OLOO� m :3 O N N V) 0O� j O N O LU LL O E cA ~ Q�O*k OD 00 W �wO(n 75 Q� O 7 Task Order No. F-03-2022 - Boynton Women's Club - Restrooms 1010 S Federal Hwy Boynton Beach, Fl. 33435 RFQ NO. 028-2511-20/RW PRE -QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES - BID FORM ITEM ID DESCRIPTION Supply u 1ppl� Y all labor, material, tools, equipment, hardware, supplies, manpower, and supervision per the following CITY UNIT Grand Total y ' '0 uu' material, ' d luo's' equipment, scope, (Job Site to picked up and clean for the duration of the project). Perform all work in a professional and r the following professional 0 1 1 w' ng UNIT Total -5 , n 'I and ns , bl e for OV AL 0 Y r 0 courteous manner. Protect any city property for the duration of the project. Contractor is responsible for maintaining a safe and secure work area ALL PRODUCT 5PEC5 511ALL BE R: Contractor is responsible for all fees, delivery and pick-up. We have 10, 20, 30 and 40 yard roll offs "curpe p n b DUMPSTER . Contractor r 0 Please fill I out t 's _0 f i available. Please fill out this roll -off form at least 24 hours prior to date requested. All request forms and a P r I I f P,ym t, mu t completed I t Y prepayments must be completed by 2:30 PM the business day before. (If Monday delivery is requested, please " p i prepayments " must send in before 2:30 PM on the Friday prior). https://www.boynton-beach.org/garbage/roII-offs send n be 2 . 3 PM 0 n t he Friday da , CONTRACTOR SHALL ADHERE TO ALL CITY OF BOYNTON BEACH AND PALM BEACH COUNTY CONSTRUCTION TIMES AND NOISE ORDINANCES. _The —E, jy� will p-- I LS /X5 ay for and submit any permit paperwork. The contractor will be responsible for "Change of Contractor" paperwork and .—once received will be responsible for ordering and passing inspections. SCOPE OF WORK in�p______ RECONFIGURATION ADJUSTMENT UPGRADE OF EXISTING RESTROOMS TO COMPLY WITH ADA REQUIREMENTS CREATION OF AN IT/SECURITY ROOM R Co F ECON FIGU RATION OF EXISTING STAGE STAIRS LOF EXTERIOR BALCONY RAILING Page 168 of 347 Project schedule Total Days days days 5 days '6 clyz ^. ` ^ days 8 ` ' ' Uayo- ' _- days` Grand Total Bid Price (in words) Name ofFirm Submitting Bid Proposal Name ofPerson Submitting Bid Proposal Page 169 of 347 Task order No,, F-03-2022 Boynton Women's Oub a Restr oars 1010 S Federal Elwy Boynton Beach, Fl 33435 RFQ o,, 028-2511-20/11W PRE-QUALIFICAnON OFWAITRACTORS FOR MINOR CNSTRUC6"ION S R CCS _ RID FORM DESCRIPTION 3 IJ f rand Trutal suppv gad I;abin „ rn ateriaUw to 4s, crpuhprnem, hardwware, suppdhesn marmpacmawer, amrra'f supe, rvlsiura per the f'rffUaavwmarp xope, LWuka ate to pa6ark'ed upa arra a,pean for the duration mf they project). 6aelf0fM all wwork om a pmaak!s^Nonaal and coartecus mswan€aer, PrMect aarwy city px'raperty for the dkurauan of the praa,lectm alntaor4q a safe andsecule workarea. AV,' �.. raVa sr�WrErt Eaarvlrat.Ctar wti r�rN °rotas &alta f'or alll fw.ras� deMry and pk k upa. We h ave �f.6)N w 30 and 40 yard roll W5 ava ao&„ak'aafl':r. hle,awe kola oul this rol6 Of forrn at Ivast 24 hour� G,RIor to afata repueMedk, AH reNque;ft ImarrmasandY prepayments rno,ar„'a Use comrpla ed by 2c30 I'M Pie bu none v;; day tra.a ole II@ V9odadary' feEiu«rry drw rer{d¢ ,ted„ Galla a�.r �sr�r@'nr1 r�r laeka��m* T id to ar t6ra. F rUaCaaW pirra„rrp https.//wvwwwc.bryntoaa bear.W urE/ppaarbapre/roU-offs CONT -RA" -6'()R" SHALL ,ADHERE ROA—UlC'Y""0" 3¢ Ta°tWw`r.arf GaEAEH AND PALM M rsE:Asfk ct°rksEfry fasEast°pUsMrssm I'M saarWl.t Nrra�sE k9plYlUWrrkGdC"B`S. _ _ _ .rn he City row dp pay for aroJ wbinit any pernut paperwork, The cam ramr w M be respoosda 4p for t ange raf C antr actor, p>Nap>a5rvmrk,and�ameereceived YeRberesraaart%b¢ efear+awrkmrracnd;andpaapr%all4%speacticncum, SCOPE.., .___w_.._ _ � _�_......,., - _........_.......,..... _w�._,w.... „ C�,w..w.w~..�__...�.�..m,.w,...wµ.w.w...... 7 VJVaw:r6FV7E0FE. Ii7FC*G'iE'5il0OV7�5"TOEiwkIaL.M' TP6ADi`iiC6tIRE„MENTS Project schedule �a 'TotM Days days aG.^'e. 9 ....,......, .e...,. .,,,.. .,.. ., ....,..... ..... d' ........ ......,,....... ... ...., .., ... .. days 'y days .......�&...,.. .....w.. ury .0 .............. w�Ww.,� .,....w.,.,.,.. ...........�..,..........,.»......,,.......,........,....... (jays W d a s 9 days ,J&4A days P s (i mww,. "p "�w�,ww.,w, A d rrr and T'tatI Rlt I r°Icy Ira words) Name of Farts SublTt'ittpng Bid Proposal Name of Person SubIrriltbrig Bid Proposal � ` �m� a�uIN -1GNAIU RE) �w DaW.ww ..�. Page 170 of 347 7.C. Requested Action by Commission: Approve Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of $118,040.00 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018, renewed on August 3, 2021. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support Utilities Capital Improvement Projects (CI P) by issuing Task Order UT -3E-04 to West Architecture + Design, LLC in the amount of $118,040.00 to provide professional services for the Water Quality Laboratory Improvements project at the West Water Treatment Plant. The current water quality laboratory located at the West Water Treatment Plant (WWTP), 5469 W. Boynton Beach Boulevard, is reaching the end of its useful life and is in need of renovation. Implementation of the Water Quality Laboratory Improvements project will provide necessary upgrades to the current facility and will allow the City to continue to perform daily water quality testing, maintain laboratory certification, and avoid more costly repairs in the future. The professional services to be provided by West Architecture + Design, LLC include architectural and engineering design, permitting, bidding assistance, and basic construction administrative services for interior renovation and improvements to the existing water quality laboratory and minor upgrades to the remainder of the water treatment facility as defined in the scope of work. How will this affect city programs or services? Implementation of the project will allow the City to continue to provide a high level of service to residents and businesses, perform daily water quality testing, maintain laboratory certification, and comply with all regulatory requirements. Fiscal Impact: Funding is available in the Utilities CI P in the following account: 403-5000-533.65-02, WT1605. Alternatives: Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Laboratory innovations are needed for reliable operations for water quality analysis and reporting and meeting regulatory requirements. This project also provides better working conditions for laboratory analysts and chemist. Climate Action Application: Page 171 of 347 Is this a grant? Grant Amount: Attachments: Type D fibsk Order D Addenduirn D Adden&.jim D Addenduai Description West Airdlitecture Ii. iroll:xnsal West Airdlitech.jire i Desigin, 1 1 .C, IFulllly execk.jited agireeirmien nt Renewal II interest I efteir West Airc[litectuilre Desk, in I I C CornirnissionMee[Jing Ageinda ItElffn A.jig.jist 3, 2021 Page 172 of 347 Standard Form of Agreement Between Owner And Architect West Project No. A22-024 City Task Order # UT -3E-04 West Contract #. A22 -024-A Title Boynton Beach West Water Treatment Plant Issue Date 07-13-22 - revised Water Quality Laboratory Improvements & Miscellaneous Upgrades Address 5469 West Boynton Beach Blvd. Subject: Architectural and City, State, Zip Boynton Beach, FL Engineering Services Contact Peter Ganci, Assoc. AIA, LEED AP BD+C Contact Angela Prymas, P.E. Title Principal Title Project Manager Company West Architecture + Design, LLC Address 820 N 4t" St City, State, Zip Lantana, Florida 33462 Phone 561-588-2027 Email pganci(a)west-arch.com Company City of Boynton Beach Boynton Beach Utilities, Engineering Address: 124 E. Woolbright Rd.. City, State, Zip Boynton Beach, Florida 33435 Phone 561-742-6421 Email PrymasA(@bbfl.us 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. COMPENSATION 5. SCOPE OF THE AGREEMENT West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 1 of 7 Page 173 of 347 This proposal is in accordance with the terms of the original master services agreement for Continuing General Consulting Services for RFQ#046-2821-17-TP dated: August 22, 2018. The Boynton Beach Utilities Department is requesting a proposal to provide design architectural/ engineering design, permitting, bidding assistance, and basic construction administrative services for the miscellaneous interior improvements to the water quality lab and minor upgrades to the remainder of the water treatment facility as defined in the scope of work. Scope of work: The proposed scope of work for this project includes but not limited to the following: A. A/E Design: 1. Provide Architectural and Engineering (Structural and MEP) services as required to renovate the existing Water Quality Lab, associated spaces and upgrades to the remainder of the water treatment facility based on attached demolition & proposed floor plans as noted in scope of work. The scope of work areas consist of approximately 2,160 SF for the Water Quality Lab (1st. & 2nd. Floors) and the remainder of the work scope area consist of 3,520 SF (1st. & 2nd. Floors). Work includes but not limited to: a) Demolition/ removal of all existing casework — 2nd floor lab areas. b) Removal / re -installation of existing equipment and specification of new as outlined in attached equipment plan/ schedule. c) Removal and replacement of all existing finishes (floors, ceilings (including grid), walls, etc.) throughout the building second floor and part of first floor per defined areas of scope of work in attachments. cl) Modifications to walls / room layouts per proposed plans. e) Removal/ replacement of casework and floor/ wall finishes at Break room 1) Replace ceiling tiles/ grid system, lighting, diffusers/ registers, devices, etc. 2) Replace appliances and plumbing fixtures 3) Cook top (induction type) is required at the breakroom. Provide venting/ exhaust as necessary to meet code. f) Modifications to building roof as necessary to accommodate new roof top equipment (i.e. exhaust for fume hoods) work. g) Replacement of existing A/C roof top unit and associated components for the building. h) Modifications to existing electrical system and as necessary to accommodate improvements. i) Refinish/ replacement of existing doors/ frames as necessary. j) Removal of existing roof top equipment no longer in service and patching of roof openings where necessary. k) Removal/ replacement of railing at existing stairs to meet code requirements (both stair wells) 1) 2nd floor restrooms to be upgraded to meet code requirements— replace fixtures, finishes, lighting, accessories, drinking fountain, etc. nn) Remove window blinds at 2nd. Floor windows along corridor. n) All metal doors/ frames at lab area and 2nd. Floor rooms shall be refinished and repainted or replaced with fire rated solid core wood doors. Coordinate with Owner. Evaluation of, removal/ replacement of existing MEP systems (including but not limited to diffusers/ registers, ducts, smoke detectors, electrical devices, etc. as necessary to accommodate the proposed improvements. Reconfiguration of the existing plumbing/ drainage, systems (including water and gas system) as necessary to accommodate new plan layout. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 2 of 7 Page 174 of 347 4. Modify/ re -configure electrical/ data systems as necessary to accommodate new work/ layout. 5. Additional power required at Existing 2nd. Floor I.T. Room (2) dedicated 20A circuits). 6. Relocation and replacement of existing UPS, Battery Stack and electrical panel — 2nd. Floor. Exact location and specific equipment requirement to be coordinated with City's IT department. 7. Replacement of exiting light fixtures with new LED fixtures, existing devices (ceiling/ wall mounted) with new to meet current code throughout the facility (designated scope of work areas). 8. Replacement of all existing data wiring with new throughout the facility. Coordinate with City's I.T. Department — This work will be covered under Low Voltage Allowance and controlled/ coordinated by the City's I.T. Department. 9. Provide layout (conduit & boxes only) for Low -Voltage (A/V, Security & access control) equipment as required by the City. Equipment locations and requirements to be coordinated with the City. a) Min. 2 data jacks per work station / desk. b) Floor box at conference room with power and 4 network jacks. Provide network jack at ceilings for WAP's and wall jacks for TV monitor. — coordinate locations with City's IT dept. C) Other locations as directed by City. d) Existing and new camera locations (conduit & boxes) to be coordinated with the City. 10. Lobby Area 1 st. / 2nd. Levels: a) Provide additional power/ network locations as directed by City. b) Replace ceiling, lighting, wall/ ceiling mounted devices, wall/ railing finishes, diffusers/ registers, , etc. including ductwork as/ if necessary c) Provide additional lighting (LED) at ceiling and remove surface mounted lighting / wiring. d) Existing finishes to be removed/ replaced/ upgraded. e) Remove/ Replace finishes at elevator cab. f) Remove/ replace existing railings to meet code requirements. 11. Control Room- 1st. Floor: a) Replace ceilings, lighting, ceiling mounted devices, diffusers/ registers, etc. b) Provide new SCADA data and I.T. Jacks as directed by the City. c) Evaluate A/C (CFM) requirements and address any deficiencies. d) Existing flooring and wall finishes to remain. 12. Provide statement of probable construction costs with each scheduled submittal. B. Permitting Assistance: 1. Submit digitally signed and sealed drawings for permit review and approval. 2. Respond to all applicable permitting agencies comments and revisions to documents as required. C. Bidding Assistance: 1. Provide bidding package (Drawings and specifications). City will provide City's special conditions and front ends documents for distribution to bidders. 2. PM to attend pre- bid meeting 3. Respond to contractor's questions and provide addenda for issuance as necessary. 4. Conduct bid evaluation and recommendation as/if required. D. Construction Administration: (Managed by City) 1. Consultant's PM to attend pre -construction Meeting 2. Consultants to review and process RFI's, Shop Drawings and Change orders. 3. Consultant's PM to attend progress meetings on a monthly basis, conduct site inspection on construction progress for compliance with approved documents and review of pay West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 3 of 7 Page 175 of 347 applications. 4. Consultants to Conduct substantial completion inspections (all required disciplines) and provide punch lists. 5. Consultants to Conduct final inspection and coordinate project close-out procedures, including warranties, as-built's, maintenance manuals, testing & demonstrations/ training, etc. Notes: 1. Conduct preliminary site visit / walk through / scope verification prior to submitting proposal. 2. Consultants (all disciplines) shall field inspect and verify all existing conditions. 3. The City will be conducting reviews on documents submittals at 30%, 60% & 100% documents. a) Deliverables shall include (2) sets of 24"x36" prints and electronic drawings. 4. Provide Projects design schedule. City looking to commence construction on this project by the end of the first quarter of 2023. Therefore is expected that final design documents be completed by January of 2023. 5. Construction duration is assumed to be 6 months total — 5 months to substantial completion. Plus 30 days to final. 6. Project shall be designed to meet all applicable code requirements and applicable City Standards. 7. The City will provide pdf drawings of existing building and CAD base plans of existing building and new layout of 2nd floor LAB. 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services -provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 4 of 7 Page 176 of 347 protocols governing such transmissions. 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 4.1 For the Architect's Scope of Work described under Article 1, the Client shall compensate the Architect as follows: Compensation to be as follows: A. A/E design $ 76,520 B. Permitting Assistance $ 6,740 C. Bidding Assistance $ 8,660 D. Construction Administration $ 26,120 Total $ 118,040 4.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant's normal review practices. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 5 of 7 Page 177 of 347 Architecture Firm: Principal: $180/hr.; Project Manager $130/hr.; Senior Architect $120/hr., Architect $100/hr.; Architectural CADD / Technician $80/hr.; Clerical / Administrative $50.00/hr.; Structural Engineer $140/Hr MEP engineer: Principals - $225.00/hr. Project Manager- $195.00/hr., Engineers - $175.00/hr., As -Built drawings- $125.00/hr., Designer- $155.00/hr., Clerical — $65.00/hr. 4.2 ADDITIONAL SERVICES: 4.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design, telecommunications/data, security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED® Certification, fast —track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 4.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 4.1.1. 4.2.3 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. 4.3 EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Included shall be (2) sets of 24"x36" prints and electronic files for each review phase (30%, 60% and 100%). Any additional requested sets of 24x36 prints, shall be invoiced at $1.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Minting, reproductions, plots, standard form documents; 6. Postage, handling and delivery; 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 9. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 10. All taxes levied on professional services and on reimbursable expenses; West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 6 of 7 Page 178 of 347 11. Site office expenses; and 12. Other similar Project -related expenditures. 4.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%) of the expenses incurred. 4.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. 4.5 PAYMENTS TO THE ARCHITECT 4.5.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice submittal shall bear interest at the rate of one point five percent (1.5%) per month. 4.5.2 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 5.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year first written above, Architect: West Architecture + Design, LLC Peter Ganci, Assoc. AIA, LEED AP BD+C Principal 07-13-22 (Signature) (Date) West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 7 of 7 Page 179 of 347 Berlin Consulting Inc. Dedicated to you "The Client' #76004 CA 30557 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Project Proposal No. (22029) 06/15/2022 REVISED 07/01/22 REVISED 07/13/22 To: West Architecture + Design LLC 820 N 4th Street, Lantana FL, 33462 Attn: Pete Ganci Joseph S. Berlin, Sr. President Milton Malpartida, P.E. Vice President Licensed in Florida Georgia New York Ref: Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant, located at 5469 West Boynton Beach Blvd. Boynton Beach TASK ORDER #UT -3E-04 A. Scope of the project: The project scope of work below was determined based on RFP on 04-06-2021 Scone of Work: Scope of work: The proposed scope of work for this project includes but not limited to the following: A. Engineering Desienscope: 1. Provide Engineering (MEP) services as required to renovate the existing Water Quality Lab, associated spaces and upgrades to the remainder of the water treatment facility based on attached demolition & proposed floor plans as noted in scope of work. The scope of work areas consist of approximately 2,160 SF for the Water Quality Lab (15t & 2nd Floors) and the remainder of the work scope area consist of 3,520 SF (1st. & 2nd. Floors). Work includes but not limited to: • Demolition/ removal of all existing casework— 2nd floor labareas. • Removal / re -installation of existing equipment and specification of new as outlined in attached equipment plan/schedule. • Removal and replacement of all existing finishes (floors, ceilings (including grid), walls, etc.) throughout the building second floor and part of first floor per defined areas of scope of work in attachments. • Modifications to walls/ room layouts per proposed plans. Removal/ replacement of casework and floor/ wall finishes at Break room o Replace ceiling tiles/ grid system, lighting, diffusers/ registers, devices, etc. 22029 WWTP.doc Page 180 of 347 Berlin Consulting Inc. Dedicated to you "The Client" Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Licensed in Office: (954) 333-8560 Florida Cell: (954) 295-2434 Georgia info@berlinconsultinginc.com New York o Replace appliances and plumbingfixtures o Cook top (induction type) is required at the breakroom. Provide venting/ exhaust as necessary to meet code. • Modifications to building roof as necessary to accommodate new roof top equipment (i.e. exhaust for fume hoods) work. Replacement of existing A/C roof top unit and associated components for the building. • Modifications to existing electrical system and as necessary to accommodate improvements. • Refinish/ replacement of existing doors/ frames as necessary. • Removal of existing roof top equipment no longer in service and patching of roof openings where necessary. • Removal/ replacement of railing at existing stairs to meet code requirements (both stairwells) • 2nd floor restrooms to be upgraded to meet code requirements— replace fixtures, finishes, lighting, accessories, drinking fountain, etc. • Remove window blinds at 2nd. Floor windows along corridor. • All metal doors/ frames at lab area and 2nd. Floor rooms shall be refinished and repainted or replaced with fire rated solid core wood doors. Coordinate with Owner. 2. Evaluation of, removal/ replacement of existing MEP systems (including but not limited to diffusers/ registers, ducts, smoke detectors, electrical devices, etc. as necessary to accommodate the proposed improvements. 3. Reconfiguration of the existing plumbing/ drainage, systems (including D.I. water and gas system) as necessary to accommodate new plan layout. 4. Modify/ re -configure electrical/ data systems as necessary to accommodate new work/ layout. 5. Additional power required at Existing 2nd. Floor I.T. Room (2) dedicated 20A circuits). 6. Relocation and replacement of existing UPS, Battery Stack and electrical panel — 2nd Floor. Exact location and specific equipment requirement to be coordinated with City's IT department. 7. Replacement of exiting light fixtures with new LED fixtures, existing devices (ceiling/ wall mounted) with new to meet current code throughout the facility (designated scope of work areas). 8. Replacement of all existing data wiring with new throughout the facility. Coordinate with City's I.T. Department —This work will be covered under Low Voltage Allowance and controlled/ coordinated by the City's I.T. Department. 9. Provide layout (conduit & boxes only) for Low -Voltage (A/V, Security & access control) equipment as required by the City. Equipment locations and requirements to be coordinated with the City. - Min. 2 data jacks per work station /desk. - Floor box at conference room with power and 4 network jacks. Provide networkjack at ceilings for WAP's and wall jacks for TV monitor. — coordinate locations with City's IT dept. 22029 WWTP.doc Page 181 of 347 Berlin Consulting Inc. Dedicated to you "The Client" Joseph S. Berlin, Sr. President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Licensed in Office: (954) 333-8560 Florida Cell: (954) 295-2434 Georgia info@berlinconsultinginc.com New York - Other locations as directed by City. - Existing and new camera locations (conduit & boxes) to be coordinated with the City. 10. Lobby Area 11t / 2nd Levels: - Provide additional power/ network locations as directed by City. - Replace ceiling, lighting, wall/ ceiling mounted devices, wall/ railing finishes, diffusers/ registers, , etc. including ductwork as/ if necessary - Provide additional lighting (LED) at ceiling and remove surface mounted lighting / wiring. - Existing finishes to be removed/ replaced/ upgraded. - Remove/ Replace finishes at elevatorcab. - Remove/ replace existing railings to meet code requirements. 11. Control Room- V. Floor: - Replace ceilings, lighting, ceiling mounted devices, diffusers/ registers, etc. - Provide new SCADA data and I.T. Jacks as directed by the City. - Evaluate A/C (CFM) requirements and address any deficiencies. - Existing flooring and wall finishes to remain. 12. Provide statement of probable construction costs with each scheduled submittal. B. Permitting Assistance: 1. Submit digitally signed and sealed drawings for permit review and approval. 2. Respond to all applicable permitting agencies comments and revisions to documents as required. C. Bidding Assistance: 1. Provide bidding package (Drawings and specifications). City will provide City's special conditions and front ends documents for distribution to bidders. 2. PM to attend pre- bid meeting 3. Respond to contractor's questions and provide addenda for issuance as necessary. 4. Conduct bid evaluation and recommendation as/if required. D. Construction Administration: (Managed by City's Construction Services Group —led by Kevin Ramsey) 1. Consultant's PM to attend pre -construction Meeting 2. Consultants to review and process RFI's, Shop Drawings and Change orders. 3. Consultant's PM to attend progress meetings on a monthly basis, conduct site inspection on construction progress for compliance with approved documents and review of pay applications. 4. Consultants to Conduct substantial completion inspections (all required disciplines) and provide punch lists. 5. Consultants to Conduct final inspection and coordinate project close-out procedures, including warranties, as-built's, maintenance manuals, testing & demonstrations/ training, 22029 WWTP.doc Page 182 of 347 Berlin Consulting Inc. Dedicated to you "The Client' #76004 CA 30557 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com etc. Notes: Joseph S. Berlin, Sr. President Milton Malpartida, P.E. Vice President Licensed in Florida Georgia New York 1. Conduct preliminary site visit/ walkthrough / scope verification prior to submitting proposal. (Completed) 2. Consultants (all disciplines) shall field inspect and verify all existing conditions. 3. The City will be conducting reviews on documents submittals at 30%, 60% & 100% documents. 4. Provide Projects design schedule. City looking to commence construction on this project by the end of the first quarter of 2023. Therefore is expected that final design documents be completed by January of 2023. 5. Construction duration is assumed to be 6 months total — 5 months to substantial completion. Plus 30 days to final. 6. Project shall be designed to meet all applicable code requirements and applicable City Standards. 7. The City will provide pdf drawings of existing building and CAD base plans of existing building and new layout of 2nd floor LAB. General Information: ❑ As -Built (record Drawings) if needed will be billed at our hourly rate below. ❑ All Reimbursable to be billed separately. ❑ Allow time for design completion. T.B.D ❑ All MEP designs to include the interior space being renovated and is limited to the interior the building. ❑ Plumbing to show tie in to civil site water and sanitary/sewer just outside the building. ❑ All changes that are given after 60% of the project is completed will generate additional charges. ❑ All layering will be BCI layer systems. Client to notify BCI in advance of specific layering, this will be an additional fee to cover drafting of clients layering system. • Mailing expenses to be by client, A fed -ex number or other means of delivery should be given to BCI prior to signed and sealed plans due date. Lighting fixture selections and layout is not part of the scope of work. The architect to provide lighting specifications and all wattages, voltages and fixture locations for the design. Photometrics will be required and can be provided by the fixture company representative. This may be needed for normal lighting levels and emergency lighting levels. The lighting design must be in compliance with the 2020 commercial energy efficiency code for building and or space by space method prior to being given to the engineer for design. • Adding new electrical panels is not part of the scope if needed. 22029 WWTP.doc Page 183 of 347 Berlin Consulting Inc. Dedicated to you "The Client" #76004 CA 30557 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Joseph S. Berlin, Sr. President Milton Malpartida, P.E. Vice President Licensed in Florida Georgia New York B. This contract offering is valid for forty-five (90) days from the date indicated above and shall include the following: ❑ The Engineer shall be responsible for all work as outlined below and as defined by the terms and conditions of this contract. ❑ The Engineer will provide all necessary coordination with all state and local agencies having jurisdiction over the project. ❑ All work will comply with all current codes of agencies having jurisdiction. It shall be the responsibility of the Engineer to make corrections and or revisions to plans and specifications that may be required by the building department for permit. ❑ 1 Site visit is included. ❑ 3 set of signed and sealed prints for permit or digital. Design may include: ❑ Air conditioning Design: • Duct pressure drop calculation. • Equipment selection schedule. • Specifications and details. ❑ Plumbing Design: • Sanitary waste piping design. • Sanitary isometrics. • Domestic water piping design. ❑ Electrical Design: • Power and electrical riser design • Lighting circuitry design. • Specifications and details C. Engineering Design fee: • Ductwork design. • Load calculations • Outside air calculations. • Coordination with civil. • Specifications and details. • Equipment specifications. • Panel schedules. • Lighting controls • Design $ 31,300.00 • Permitting $ 1,200.00 • Bidding Assist to participate in a 1 pre-bid site walk $ 2,400.00 and contractor's RFI's. 1 hr + travel 3 disciplines • Construction Administration. 1 site visit, 3 disciplines 1 hr + travel. $ 3,600.00 Total Fee: $ 38,500.00 22029 WWTP.doc Page 184 of 347 Berlin Consulting Inc. Joseph S. Berlin, Sr. Dedicated to you "The Client" President #76004 CA 30557 Milton Malpartida, P.E. Vice President 4701 Rothschild drive Coral Springs, FL 33067 Licensed in Office: (954) 333-8560 Florida Cell: (954) 295-2434 Georgia info@berlinconsultinginc.com New York Construction Administration Services shall be limited to the followina: ❑ Preparations of responses to Contractor's Request For Information (RFI) in the form of a written request and reproduce/distribute supplemental drawings if deemed appropriate. ❑ Review of shop drawings and submittals for MEP as needed. ❑ Building dept, comments D. Terms: Payment shall be made in full, Net 30 days after project has been complete to avoid a 1.5 % interest rate or maximum allowed by law whichever is lower of the past due amount per month, which shall be calculated from the invoice sent date. Payment thereafter shall pay the interest accrued and then to the unpaid balance. If the client does not request signed sealed drawings when the project design is completed due to bidding out the project first. BCI shall be paid in full in 30 days regardless of permitting acceptance and bidding. E. Additional Services: Job site meetings and inspections not included above, the Consultant shall be compensation as follows: Principals - $225.00/hr. Designer- $155.00/hr. Project Manager- $195.00/hr. Clerical — $65.00/hr. Engineers - $175.00/hr. As -Built drawings- $125.00/hr. D. Mold and Mildew Exclusion: Owner acknowledges that we are not biologists, toxicologists or the like and cannot assure that the Project will be mold free. Owner recognizes that meteorological conditions of Florida are conducive to mold formation within, on and beneath building material employed in construction, regardless of HVAC design and herein releases Architect, its employees, professionals and officers for any claims relating to existing mold (in the case of a renovation), and future proliferation of mold (for new construction). Owner accepts all risks associated with mold formation and we strongly advise Owner to employ a qualified professional to review work product anticipated here in for susceptibility. 22029 WWTP.doc Page 185 of 347 Berlin Consulting Inc. Dedicated to you "The Client" #76004 CA 30557 4701 Rothschild drive Coral Springs, FL 33067 Office: (954) 333-8560 Cell: (954) 295-2434 info@berlinconsultinginc.com Joseph S. Berlin, Sr. President Milton Malpartida, P.E. Vice President Licensed in Florida Georgia New York E. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant, his or her officers, directors, employees, agents and sub consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of Berlin Consulting, Inc. Accepted by: date: (Please Print) (Signature) Thank you for the opportunity to provide you with this proposal. Joseph S. Berlin, Sr. President Milton Malpartida, P.E. 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WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term "Agreement" has the same meaning as the term "contract". Boynton Beach Utilities - General Consulting Services C-1 V.5 CLEAN FINAL Page 189 of 347 its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities - General Consulting Services C_2 V.5 CLEAN FINAL Page 190 of 347 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities - General Consulting Services C-3 V.5 CLEAN FINAL Page 191 of 347 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities - General Consulting Services C-4 V.S CLEAN FINAL Page 192 of 347 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities - General Consulting Services C_5 V.5 CLEAN FINAL Page 193 of 347 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arch itectu ra I/eng i need ng error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities - General Consulting Services C.g V.5 CLEAN FINAL Page 194 of 347 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre -construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities - General Consulting Services C-7 V.5 CLEAN FINAL Page 195 of 347 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; ❖ Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; ❖ Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; ❖ Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and ❖ Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services C-8 V.5 CLEAN FINAL Page 196 of 347 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposallproposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities - General Consulting Services C-9 V.5 CLEAN FINAL Page 197 of 347 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. •'r Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. :• Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services C-10 V.S CLEAN FINAL Page 198 of 347 1.4 CITY'S RESPONSIBILITIES 1A.1The CITY shall do the following in a timely manner so as not mdelay the services of the CONSULTANT: 1.411 Designate inwriting a person or persons to act aothe CITY'S representative with respect to the services toborendered under this Agreement. Such pomon(s)shall have complete authority N transmit instructions and receive information with respect to the CONSULTANT'S services for oparticular project. The CITY may have multiple CITY Repn000ntotkm(e)orproject managers during the performance ufthis AGREEMENT based onthe specific task orders/written task orders from each n[the Scope Categories. 1.412 Provide all criteria and full information onmthe CITY'S requirements for the Pnoj*ct, including design objectives and ounotminta, spame, capacity and pedbnnonoo mquiremento. flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent tothe Project including previous reports and any other data m|sxivo to design or construction ufthe project. 1.4.1.4 Furnish tuthe CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT aoAdditional 8amioes).the following: 1/4.1.5 Data prepared by, or services of othem, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.416 Appropriate professional interpretations mall mthe foregoing; 1.4.1.7 Environmental assessment and impact statements; 1�.1.8 Pmpeny, boundory, eaeement, hght-nf-wey, topographic and utility surveys; 14.1.9 Property descriptions; 1,4].10 Zoning, deed and other land use restrictions; 14.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility ofthe CONSULTANT; and 1.4.1.12 Arrange for access tomake all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT k`perform services under this Agreement. 1.4.1.18 Consistent with the professional standard of care and un|oom otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided bythe CITY urothers without independent review or Boynton Beach Utilities ' General Consulting Services c41 Page 199 of 347 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities - General Consulting Services C_12 V.5 CLEAN FINAL Page 200 of 347 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in ra/uu/up/ 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out ofthis Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event ofdefault shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and inaddition mthose instances referred 0oaoomaterial breach, onevent ofdefault shall include the following: + CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors momissions; 4- CONSULTANT has refused o/failed tosupply enough properly skilled personnel; � CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS orsuppliers for any services after receiving payment from the CITY for such services orsupplies; � CONSULTANT has failed to obtain the approval of the CITY where required hythis Agreement; � CONSULTANT has refused orfailed ,oprovide the services andefined inthis Agreement; w CONSULTANT hos filed bankruptcy or any other such insolvency proceeding and the same io not discharged within ninety (90) days of such date. * CITY has failed to make payments to CONSULTANT in accordance with the requirements ofthis Agreement 1.0.2 \nthe event n[Default, the CONSULTANT shall beliable for all damages resulting from the Default including: � The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees bYthe firm replacing the CONSULTANT are reasonable and the hourly rates donot exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred bythe CITY. � In the event of default by the City, CONSULTANT may suspend the Work pending receipt ofsuch payment. Boynton Beach Utilities -uencmCunsuuinoou,mu o-13 Page 201 of 347 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. :• Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services C-14 V.5 CLEAN FINAL Page 202 of 347 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. ❖ The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. •'o Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services C-15 V.5 CLEAN FINAL Page 203 of 347 Department Labor. The yearly increase, or decrease in the GPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. ❖ The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities - General Consulting Services CA V.5 CLEAN FINAL Page 204 of 347 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a parry or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services C-17 V.5 CLEAN FINAL Page 205 of 347 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services C-18 V.5 CLEAN FINAL Page 206 of 347 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services C-19 V.5 CLEAN FINAL Page 207 of 347 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services C-20 V.5 CLEAN FINAL Page 208 of 347 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services C-21 V.5 CLEAN FINAL Page 209 of 347 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services C-22 V.5 CLEAN FINAL Page 210 of 347 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: West Architecture + Design, LLC Attn: Martha A. Morgan - 820 N. 4 Street Lantana, FL 33462 ARTICLE 26 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT, 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities - General Consulting Services C-23 V.5 CLEAN FINAL Page 211 of 347 ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a7BBFL.US Boynton Beach Utilities - General Consulting Services C-24 V.5 CLEAN FINAL Page 212 of 347 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this �'I*)day of 120 /Y . CITY OF B YNTON BEACH City Manager Attest/Authenticated: Title -- City Cle \Approved, s to Form: Office of the City Attorney Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL WEST ARCHITECTURE + DESIGN, LLC by WEST CONSTRUCTION, INC., Sole Omer CONSULTANT Martha A. Morgan, P e sdent (Corporate Seal) st icated: Secretary Matthew F. West C-25 Page 213 of 347 EXHIBIT "A" SCOPE E - FEE SCHEDULE FIRM• West Architecture + Design, LLC DATE: July 02, 2018 (Revised) Personnel Classifications lHourly Rate Principal Project Manager $130.00 Senior Engineer $150.00 Senior Planner $130.00 Senior Architect $120.00 Senior Landscape Architect $130.00 Senior Surveyor/Mapper $150.00 Structural Engineer $140.00 Architect $100.00 Urban Designer $150.00 Planner $80.00 Landscape Architect $115.00 Inspector (Zoning & Landscape) $100.00 GIS Specialist $112.00 Architectural CADD/Technician $80.00 Planning Technician $75.00 Clerical/Administrative $50.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities - General Consulting Services C-26 V.5 CLEAN FINAL Page 214 of 347 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk) TYPE (Occurrence Based Only) MINIMUM LIMITS 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) S 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 S 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------ Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined --------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee S 100,000.00 ----------------------- ------------------------------------------------------------------------------------------------------------------ Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ---------------------------------_--------------------------------------------------------------------------------------------------- Other - As Risk Identified ------------------------------------------------------------------------------------------------------------------------------------------- to be determined Boynton Beach Utilities - General Consulting Services C_27 V.5 CLEAN FINAL Page 215 of 347 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: I Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity, Report, Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. 1 Overall Rating (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than yes, provide detailed explanation on a separate sheet of paper. 8. Name, title, and office of ratin officer e.. Utilities Director 9. Si nature of ratin officer: Boynton Beach Utilities - General Consulting Services C_28 V.5 CLEAN FINAL Page 216 of 347 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically I to 5 with 5 being the highest score N/A :Tf-Th—or-ou h :---a: site investigation 1 2 3 4 5 Z Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 1 2 3 4 5 T.- *Plan/sr)ec accuracy 1 1 12 'A A 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rata numerically I to 5 with 5 being the highest score N/A 1. Secs rd competition 1 J 3 �4 2. Specs complete/thorough 1 2 1 3 14 3. Accuracy of documents 1 2 1 3 1 4 5 4. Requirements,.within engineer's estimate 1 2 1 3 14 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bidconference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 -T 5 -TO—. —Response to building & permitting agencies 1 2 3 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: _ Boynton Beach Utilities - General Consulting Services C-29 V.5 CLEAN FINAL Page 217 of 347 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Drawin s Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructabilit 1 2 3 4— Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availability 1 2 3 4 5--- 6. Field Consultation and Investigations. 6. 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all Permitting Agencies? 1 2 3 4 5 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc. 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associates work and paperwork? 1 2 3 4 5 15. 1 Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Si nature of rating officer: Boynton Beach Utilities - General Consulting Services C-30 V.5 CLEAN FINAL Page 218 of 347 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate mimPrically 1 to 5 with 5 being the highest score N/A 1. Tho rou h investigation of situation or -activity 1 12 13 1 4 5 2. Cooperative attitude 1 12 13 14 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem solving? 1 2 3 4 5 7. Overall results 1 2 3 4 1 5 Name and title of rating officer (e.g. Utilities Director)' Signature of rating officer: Boynton Beach Utilities - General Consulting Services C-31 V.5 CLEAN FINAL Page 219 of 347 The City of Bounton Beael FinancelProcurement 160 F.Ocean Avenue Boynton Beach, FL 33435 P(lBox 310 Boynton Beach, Florida 33425-0310 Telephone No: /562/742'UB20 July 7^2O21 West Architecture + Design, LLC Attn: Martha Morgan / Peter Gomci 82ON.4th Street Lantana, FL33482 VIA EMAIL TRANSMITTAL TO: ' RFQ:U46'282147/TP- GENERAL CONSULTING SERVICES SCOPE E(Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 2Z 2020 — AUGUST 21, 2021 Dear Ms. Morgan /Mr. Gamci: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE E" expires August 21, 2021. The agreement documents allowforthree (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with West Architecture + Design, LLC aop/i000 and would like to extend the agreement for its 2nd renewal 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 I at your omdioa| convenience. If you should have any qumnt|ono, please du not hesitate to contact Tons|ynPratt, Contract Administrator at(S61)742-S308. Mara Frederiksen Director of Financial Services tp America's Gateway tothe Gulf Stream The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and WEST ARCHITECTURE + DESIGN, LLC AGREEMENT RENEWAL TERM: AUGUST 22, 2021 — AUGUST 21, 2022 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) WEST ARCHITECTURE + DESIGN, LLC NAME OF COMPANY M4 -m* A. mordlyk) NAME OF REPRESENTATIVE (please print) DATE I I S(GNATURE TITLE' (AREA CODE) TELEPHONE NUMBER M^Mt)t6Ap\� eP t 0.4 k) t E-MAIL America's Gateway to the Gulf Stream Page 221 of 347 Coversheet Pagel of 2 6.A. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 3, 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) Mullings Engineering Services, Inc.; Odums Sod, Inc.; Sunset Sod, Inc. Gentile Glas Holloway O'Mahoney & Associates, Inc.; Baxter Woodman, Inc. formerly known as Mathews Consulting, A Baxter and Woodman Company; Kimley- Horn and Associates, Inc. DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM September 6, following the All Urban Consumers Price City of Boynton Beach Annual Expenditure $50,000 2022 recommends approval of the rate increase. Bid - Lead Agency - As Needed by Various Departments October 1, As Needed by Various Departments Southeast FL Bid No. 033- 2021- within budget parameters( Any item over Governmental 2730-18/IT September $35K will be brought back to Purchasing Cooperative 30, 2022 Commission) Bid August 20, As Needed Basis by Various City of Boynton Beach RFQ No. 046- 2021 - August Departments within budget parameters RFQ 2821-17/TP 19 2022 (An item over $35K will be brought back to Commission). Alexis Knight Architects, Inc.; Carollo Engineering, Inc.; City of Boynton Beach CH2M Hill Engineers, Inc.; RFQ West Architect + Desna LLC 1111. HACH Company AECOM Technical Services Globaltech, Inc. FLSC, LLC d/b/a Florida Textile Recycling Programs Piggy -Back off of Palm Beach County City of Boynton Beach RFQ August 22,'^�R.� As Needed by Various Departments RFQ No. 046-r 2821-17/TP 2021 - Augus within budget parameters (Any item over $35K will be brought back to 21, 2022 Commission). July 19, 2021 September 6, following the All Urban Consumers Price SS150946B - July 18, Annual Expenditure $50,000 2022 recommends approval of the rate increase. September 7, As Needed by Various Departments RFQ No. 046- 2021- within budget parameters (Any items 2821-17/TP September 6, over $35K will be brought back to 2022 Commission). 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: Paqq :qo f 347 https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemlD=11605&... 7722 02 In accordance to Article 4 - Payment of the September 7, Executed Contract Resolution R18-103; the RFQ No. 046- City of Boynton Beach R FQ No. 0 2021 - vendor has requested to exercise its right to increase its Personnel Classification Rates RFQ 2 September 6, following the All Urban Consumers Price 2022 Index (CPI -U) by approximately 3%. Staff recommends approval of the rate increase. August 7, Revenue Generating $166.67 per bin per City of Boynton Beach RFP No. 033- 2021 -August month (10 bins generated $20,000 for RFP 2730-18/IT 6, 2024 FY) 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: Paqq :qo f 347 https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemlD=11605&... 7722 02 Coversheet Page 2 of 2 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description 13 Attachment Bid Extensions and Piggy -Backs under $100,000 0 Attachment Renewal Interest Letter - Mullings Services Inc 2021-2022 13 Attinhawrd Renewal Inerest Letter - Odum Sod Inc. 2021-2022 0 6ttagbmat Renewal Interest Letter - Sunset Sod Inc. 2021-2022 13 Afthrrlp Renewal Interest Letter - Gentile Glas Holloway O'Mahoney Associates - 2021-2022 a ac ent Renewal Interest Letter - Baxter Woodman Inc. formerly Mathews Consulting a Baxter and Woodman Company 13 Affachmen Renewal Interest Letter- Alexis Knight Architects, Inc. - 2021-2022 • Attachment Renewal Interest Letter - Carollo Engineering, Inc. 2021-2022 • Attachment Renewal Interest Letter - CI -12M Hill Engineers, Inc. - 2021-2022 • Attachment Renewal Interest Letter - West Architecture + Design, LLC - 2021- 021-2022 2022 • Attachment Renewal - HACH Company Piggy -Back Palm Beach County Contract # SS1 50946/CC - 2021-2022 • Attachment Renewal Interest Letter - AECOM Technical Services, Inc, -2021- 2021-2022 2022 • Attachment Renewal Interest Letter - Kimley-Horn Associates, Inc. - 2021-2022 • Attachment Renewal Interest Letter - CDM Smith, Inc. - 2021-2022 • Attachment Renewal Interest Letter - Globaltech, Inc. -2021-2022 • Attachment Renewal Interest Letter - FLSC LLC 2021 - 2024 Page 223 of 347 https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ltemlD=l 1605&... 7/22/2022 7.D. Requested Action by Commission: Proposed Resolution No. R22-105 - Approve utilizing the School District of Manatee County Invitation to Bid (ITB) I D # 21 -0053 -MR and Authorize the Interim City Manager to sign an agreement with Playmore West, Inc. dba Playmore Recreational Products & Services of Fort Myers, FL for Park and Playground Equipment with the estimated cost of $300,000. The School District of Manatee County's procurement process satisfies the City's competitive bid requirements. Explanation of Request: Agreement Term: September 1, 2021 - August 31, 2023 Playmore West, Inc. dba Playmore Recreational Products & Services has been awarded the Park and Playground Equipment for the School District of Manatee County under a continuing contract. The Contractor shall provide engineered drawings, freight, equipment, and installation, and other necessary incidentals required for custom play structure at Wilson Park. Capital Improvements has allocated $300,000 this fiscal year to renovate the playground at Wilson Park. City staff has worked with Playmore Recreational Products & Services to create a playground that is for children of all ages and accessible for anyone to use. How will this affect city programs or services? The Public Works and Recreation and Parks Department will use this agreement to provide new playground equipment for the community at Wilson Park. Fiscal Impact: Budgeted: 303-4113-572.63-05 Project Code RP2218 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 224 of 347 Contracts Vendor Name: Playmore West, Inc. dba Playmore Recreational Products & Services Start Date: 9/1/2021 End Date: 8/31/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Automatic one (1) year renewal Attachments: Type Description D Resolution FZesolutioin appiii piggy back Agn::.,eirneint with F-Ilayirnoie rWest D Addenduirn F:1ig9ybadk agireeirneint ... F:Ilayirnoire D Attadltui FIlaymoirr..., Wst, II in(,.,,. D Attachment Fllayimoire Il �ecireatioiii lFlirodu. ctS' and Seiii D Q.JoteS Fllayimore QILJOI(-.A D Attac[iirnent Site I ayout D AttachlrnEINIA s0 FIeinideiding Page 225 of 347 1 RESOLUTION NO. R22-105 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING UTILIZING THE SCHOOL DISTRICT OF MANATEE 6 COUNTY INVITATION TO BID (ITB) ID# 21 -0053 -MR AND 7 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN 8 AGREEMENT WITH PLAYMORE WEST, INC. DBA PLAYMORE 9 RECREATIONAL PRODUCTS & SERVICES OF FORT MYERS, FL FOR 10 PARK AND PLAYGROUND EQUIPMENT WITH THE ESTIMATED 11 COST OF $300,000.00; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Playmore West, Inc. dba Playmore Recreational Products & Services has been 15 awarded the Park and Playground Equipment for the School District of Manatee County under 16 a continuing contract; and 17 WHEREAS, the Contractor shall provide engineered drawings, freight, equipment, and 18 installation, and other necessary incidentals required for custom play structure at Wilson Park; 19 and 20 WHEREAS, Capital Improvements has allocated $300,000.00 this fiscal year to renovate 21 the playground at Wilson Park; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 23 the best interests of the citizens and residents of the City of Boynton to approve utilizing the 24 School District of Manatee County Invitation to Bid (ITB) ID# 21 -0053 -MR and authorize the 25 Interim City Manager to sign an Agreement with Playmore West, Inc. dba Playmore Recreational 26 Products & Services of Fort Myers, FL for Park and Playground Equipment with the estimated 27 cost of $300,000.00. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission hereby approves utilizing the School District of 34 Manatee County Invitation to Bid (ITB) ID# 21-OOS3-MR and authorizes the Interim City Manager S:\CA\RESO\Agreements\Piggy-Back With Playmore West For Playground Equipment - Reso.Doex Page 226 of 347 35 36 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 63 64 65 66 67 68 69 70 to sign an Agreement with Playmore West, Inc. dba Playmore Recreational Products & Services of Fort Myers, FL for Park and Playground Equipment with the estimated cost of $300,000.00, a copy of the Agreement is attached hereto as Exhibit "A. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Piggy-Back With Playmore West For Playground Equipment - Reso.Doex Page 227 of 347 M III I , 1 11, IL 0 Z - n A C-111111 - This Agreement is made as of this day of 2022 by and between PLAYMORE WEST, INC. DBA PLAYMORE RECREATIONAL PRODUCTS & SERVICES with a principal address 10271 Deer Run Farms, Suite 1 Fort Myers, FL 33966 and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, in order to maintain Wilson Park to the public, the City's Public Works Department is requesting the City enter into an Agreement with Playmore West Inc., dba Playmore Recreational Products & Services to purchase and install playground equipment; and WHEREAS, Playmore West Inc., dba Playmore Recreational Products & Services has agreed to allow the City to piggy -back the School District of Manatee County Agreement pursuant to Contract No. 21 -0053 -MR to provide Furnish, Freight and Install new Playground Equipment at Wilson Park in the amount of $300,000.00 based on Contract No.21-0053-MR; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Playmore West Inc., dba Playmore Recreational Products & Services. agree that Playmore Recreational Products & Services shall Furnish, Freight and Install New Playground Equipment at Wilson Park in the amount of $300,000.00 based on the School District of Manatee County Contract No 21 -0053 -MR, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the Playmore West Inc., dba Playmore Recreational Products & Services/ School District of Manatee County/ Contract No 21 -0053 -MR shall be deemed as references to the City of Boynton Beach. Page 228 of 347 B. All Notices to the City shall be sent to: City: James Stables, Interim City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Michael D. Cirullo, Jr., City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 229 of 347 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CITYCLERK@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. VENUE AND GOVERNING LAW. Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. INVOICE. Payment will be made to vendor following the City's receipt of a properly completed invoice. Any issues regarding billing or invoices must be directed to the City Department/Division requesting the service from the vendor. All invoices shall be addressed to the ordering department, City of Boynton Beach, P.O Box 310, Boynton Beach, FL 33425-0310. The invoice must include Vendor's name, address, phone number, invoice number, date, date of service and description of services provided, and clearly list quantities, descriptions and units of measure. Page 230 of 347 EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 1. In the event that the Playmore Recreational Products & Services /School District of Manatee County is amended, or terminated, Playmore Recreational Products & Services shall notify the City within ten (10) days. In the event Playmore Recreational Products & Services /School District of Manatee County is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 2. Playmore Recreational Products & Services agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 3. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 4. In all other aspects, the terms and conditions of the Playmore Recreational Products & Services /School District of Manatee County are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Page 231 of 347 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA James Stables, Interim City Manager Approved as to Form: Michael D. Circullo, Jr., City Attorney Attested/Authenticated Maylee De Jesus, City Clerk PLAYMORE WEST, INC. DBA PLAYMORE RECREATIONAL PRODUCTS & SERVICES (Signature), Company Ie ( -, C Print Name of Authorized O ficial Title `" Attest/Au�tl henticated (Signature), Witness rint Name (Corporate Seal) Page 232 of 347 EXHIBIT A CONTRACT BETWEEN SCHOOL DISTRICT OF MANATEE COUNTY AND PLAYMORE WEST, INC. Page 233 of 347 PURCHASING DEPARTMENT 215 Manatee Avenue West Bradenton, Florida 34205 Direct Line (941) 708-8770 FAX Line (941) 708-8485 Contract of Award Agreement No. 21-0053-M THIS AGREEMENT is entered into by and between the Manatee County School District, hereinafter "District" and Playmore West, Inc., "Contractor". WITNESSETH, that the District and the Contractor in consideration of the mutual covenants contained herein agree as follow: 1, The Work: Contractor shall perform and render all services as prescribed and required by the Instructions to Proposers, Proposal Form, General Conditions, Specials Conditions, Scope of Work, Specifications, and all other documents forming a part of the Proposal package and any other documents signed by both parties relating to the subject matter of the Agreement, all of which are incorporated by reference as though set forth in full herein for: PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053 2. Contract Term: The term of this Agreement shall be from September 1, 2020_ through August 31, 2023 . Any deviation from the awarded contract period or cancellation of any item(s) awarded may result in your company being barred from doing business with the School District of Manatee County, in accordance with School District Policies and Procedures. Multi-year contracts will automatically renew for one (1) year periods during the initial contract period above, unless the District notifies the supplier of intent to rebid or negotiate new terms ninety (90) days prior to the contract anniversary date. This Agreement shall not expire until all work under Purchase Orders issued is completed, accepted and paid for by the District. All indemnification provisions contained in the Agreement shall survive beyond the expiration of the Agreement. 3. Payment Terms: The standard payment terms for the School District of Manatee County are Net 30. Invoices must include the purchase order number prominently displayed in order to receive payment. Payments will be made only to the vendor listed on the purchase order. 4. Invoice Requirements: The selected Proposer shall submit an invoice to the District, each month, after the services have been performed and have been received and accepted by the District. The amount charged shall not be in excess of the rates and fees in the Agreement. The date of the invoices shall not exceed ten (10) working days from the performance of the work. Under no circumstances shall the invoice be submitted to the District in advance of the performance of the work. The invoice shall contain the following basic information: the awarded Bidder's name and address, invoice number, date of invoice, description of the service performed, the contract number, purchase order number, and any discounts. The invoice shall be in detail sufficient for a proper pre -audit and post audit thereof. Each bill or invoice must properly identify the services, portion of services, and expenses for which compensation is sought. 5. Non -Funding: In the event sufficient budgeted funds are not available for anew fiscal period, the Purchasing Department shall notify the vendor of such an occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the District. 6. Termination for Cause: The School District of Manatee County reserves the right to terminate this contract in whole or in part at any time before the date of completion, in the event it is determined that the provider has failed to comply with the conditions of the agreement. The School Board shall promptly notify the Provider in writinn of the determination and the reasons for the termination. tonether with the effec *vp d fOf 947 Contract of Award Agreement [Bid/RFP Park and Playground Equipment, SDMC No. 21 -0053 -MR termination. Payments made to Providers or recoveries by the School Board under contracts terminated for cause shall be in accordance with the legal rights and liabilities of the parties under the laws of the State of Florida. Termination for cause includes terminations under 215.4725, F.S. Termination for Convenience: Termination of this contract in whole or in part may be made by School District Manatee County when the district determines that the continuation of the contract would not produce beneficial results commensurate with the further expenditure of funds or in furtherance of the goals and directives of the School District Manatee County. Termination may be initiated within 30 days' notice when Board approval is not required and subject to Board approval when required. 7. Compliance with the Sunshine Law: The Florida Sunshine Law is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in Florida, EL&5141 ; ,, �i.Ca1 fi and Fl„M��, The contracting party with The School Board of Manatee County hereby acknowledges and agrees to comply with The Florida "Sunshine” Law, including but, not limited to keeping and maintaining all records that relate and/or pertain to the terms of this agreement available for inspection and copying, public records requests, internal audits and for any other informational purpose. 8. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964— 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 9. Anti -Discrimination: a. the bidder certifies that they are in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be applicable. b. the bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub -contractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub -contractors to participate in all of its public sector and private sector sub -contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. Bidder understands and agrees that violation of this clause is a material breach of the contract and may result in contract determination, debarment, or other sanctions. 10. Minority, Small, and Women Owned Business: School District of Manatee County encourages the use of Minority Owned Businesses, Small Businesses, and Women Owned Businesses. Contractor agrees to ensure small businesses, minority owned businesses and women's business enterprises are used whenever possible, such as when participation as partners, joint -venture's, prime contractor, sub -contractors, and in contracting opportunities. 11. Force Majeure: The term "FORCE MAJEURE" means circumstances beyond the reasonable control of a party, (such as acts of God, government restriction, wars, insurrections, labor disputes, financial insolvency, economic hardship, strife, failure of suppliers, communications or data systems) which delay or prevent the party from performing under the terms of this agreement. Affected performance obligations will be suspended during Page 2 of 8 Page 235 of 347 Contract of Award Agreement [Bid/RFP Park and Playground Equipment, SDMC No. 21 -0053 -MR the duration of the Forge Majeure., In the event that the Force Majeure persists more than 90 days, the party may elect to terminate this agreement upon written notice. 12. Governing Law: This agreement will be governed by the internal laws of the State of Florida, without regard to its conflicts of laws rules. Each party agrees to comply with all applicable laws in the performance of this agreement. All disputes are to be resolved in Manatee County, Florida by binding Arbitration before the American Arbitration Association or other mutually agreed and similar forum. The costs of such dispute will be borne by the individual party. 13. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148): When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations. 14. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the nonFederal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 15. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR 4401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 16. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Page 3 of 8 Page 236 of 347 Contract of Award Agreement [Bid/RFP Park and Playground Equipment, SDMC No. 21 -0053 -MR 17. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352): Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 19. Section 6002 of The Solid Waste Disposal Act: The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014). 20. Record Retention Requirements for Contracts Paid for with Federal Funds 2 CFR §200.333: When federal funds are expended by SDMC for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR §200.333 for a period of three years after grantees or sub -grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. 21. Indemnification: Contractor agrees to defend indemnify and hold harmless the School Board, their agents, employees, officers and Board Members against any and all third -party claims, losses, damages, expenses, or liabilities arising from any action or failure to act with respect to this agreement to the extent provided by law. When pertaining to a contract Contractor will obtain at its own cost and expense general liability insurance with minimum coverage amounts of at least one million dollars per occurrence and three million dollars in aggregate coverage and such insurance will name The School Board, their Board Members and School District Employees as an additional insured. To the extent applicable, Contractor will maintain and furnish workers compensation insurance. A certificate of insurance will be furnished within ten business days from the execution of this agreement. Failure to provide such insurance allows the School Board, the election to immediately terminate this agreement. Certain employees are subject to written waiver of indemnification. Failure to provide such insurance allows the District the election to immediately terminate this agreement. 22. Insurance: Contractor shall furnish the School District of Manatee County with proof of: a. Statutory Limits of Worker's Compensation in compliance with Chapter 440, Florida Statute, if required. b. Employer's Liability Insurance in an amount not less than $1,000,000.00 per occurrence. Page 4 of 8 Page 237 of 347 Contract of Award Agreement [Bid/RFP Park and Playground Equipment, SDMC No. 21 -0053 -MR c. Comprehensive General Liability Insurance in an amount equal to or greater than $1,000,000.00 per occurrence for any occurrence resulting in bodily injury or death to any one or group of persons, including any consequential damages that arise therefrom. i. If policy is on a "CLAIMS MADE" basis, contractor's insurance carrier will identify policy as such and indicate in writing the amount of claims paid by this policy and reserves outstanding. Policy aggregates must equal at least two (2) times the occurrence limit. d. Liability Insurance in an amount equal to or greater than $1,000,000.00 per occurrence for bodily injuries and/or death to any person or persons caused by passenger automobiles or commercial vehicles. e. Liability Insurance equal to or greater than $1,000,000.00 per occurrence for property damage caused by passenger automobiles or commercial vehicles. 23. Compliance with Jessica Lunsford Act: The School District of Manatee County and State of Florida, requires all contractors/subcontracts to comply with the Jessica Lunsford Act (JLA) which consists of a level II background 'screening via fingerprinting. Vendors, individuals or entities under contract with the School Board of Manatee County required to go on school grounds when students are present, must comply with the requirements of the law and agree to indemnify and hold harmless the School Board of Manatee County for any claims made against the School Board related to the failure to comply with Florida Statute Section 1012.465 and Section 1012.32 Florida Statutes. Information on JLA requirements and how to comply can be accessed at ww .,m .n t �IJ,pgl .„n. . 24. Sovereign Immunity: The parties acknowledge and agree that the School Board of Manatee County, Florida, as an agency of the State of Florida, is a sovereign entity that is by law immune from suit except to the extent specified in 768.28 of Florida Statutes. No provision of the agreement shall constitute, or be interpreted as, a waiver of sovereign immunity, and all defenses relative to sovereign immunity shall be preserved. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICA BILITY OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Linda Lambert, Communications/ Public Records Associate, 215 Manatee Avenue W. Bradenton, Florida, 34205 (941) 708-8770 14a..r_,kl,a4..krl(.M.o_Imr7t'„G, 25. Entire Agreement: The proposal and this agreement constitutes the entire agreement between the parties and supersedes all prior agreements or representations, whether written or oral, concerning its subject matter. This agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will constitute one and the same instrument. The terms of this agreement will supersede any conflicting terms in any counterpart, exhibit or attachment. No modification, amendment, or waiver of any provision of this agreement will be effective unless in writing and signed by both parties. Notice is by writing sent certified mail. 26. Authority to Execute: The individual executing this Agreement on behalf of the Contractor is duly and fully authorized to execute this Agreement on behalf of the Contractor and to bind the Contractor to each and every, condition and covenant of the Contract Documents. SIGNATURES: CONTRACTOR Page 5 of S Page 238 of 347 Contract of Award Agreement [Bid/RFP Park and Playground Equipment, SDMC No. 21 -0053 -MR Ile Signature Date Lv1�� r2vSS�'CL Type or Print Nam.�...��....m_.�..........��m.............�.�.�....w��. L,� ✓Mv2.� 1,J�s T mac..... Business/Company Name Address City, State, Zip SCHOOL DISTRICT OF MANATEE COUNTY Legal Counsel Superintendent SCHOOL BOARD All ra...:—" �..��„ tlt ! d%! 11 0v: Va .� T1 �_.,,......—.....................,.�,...,..... Board Chair Page 6 of 8 Title 231 www. -7o I w Z yoo Phone 2... ��1 Z4oi . ................ _............_.......wwwww_... Fax Email 9/2/2020 Date Date 9/3/2020 Date Page 239 of 347 Contract of Award Agreement [Bid/RFP Park and Playground Equipment, SDMC No. 21 -0053 -MR CONTRACTOR INFORMATION FORM SUPPLIER NAME: Playmore West, Inc. TELEPHONE NUMBER: LIST EMPLOYEE(s) THAT WILL BE DOING WORK FOR THE SCHOOL DISTRICT OF MANATEE COUNTY: Please print clearly and duplicate form as needed. Please list badge expiration for all employees who currently have a contractor's badge. If a designated employee does not have a contractor's badge, indicate their Appointment Date and Time for fingerprinting. Please reference the District website for JLA requirements: https://www.manateeschools.net/ Page/6689 Last Name, First Name Contractor/JLA Badge Expiration Fingerprint ApptDate/Time Page 7 of 8 Page 240 of 347 C.ontr c►r /endor 16 a1 al')fi kal+ Offenses: •ti Any offense listed in s. 943.0435 (1)(a) 1., relating to the registration of an individual as a sexual offender. 4* Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and the reporting of such sexual misconduct. 4* Section 394.4593, relating to sexual misconduct with certain mental health patients and the reporting of such sexual misconduct. 4• Section 775.30, relating to terrorism. :• Section 782.04, relating to murder. 43 Section 787.01, relating to kidnapping. :• Any offense under chapter 800, relating to lewdness and indecent exposure. Al Section 826.04, relating to incest. :• Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child. Page 8 of 8 Page 241 of 347 7/18/22, 4:32 PM Detail by Entity Name DIVISION OF CORPORATIONS . . ....... . J/ ... [)etailli l by Entity Name Florida Profit Corporation PLAYMORE WEST, INC. fftg Information Document Number P00000016534 FEI/EIN Number 65-0984408 Date Filed 02/10/2000 State FL Status ACTIVE PrinciPALAddrAm 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Changed: 01/16/2007 MailingAddress 10271 DEER RUN FARMS ROAD SUITE I FORT MYERS, FL 33966 Changed: 01/16/2007 Registered Agent Name &Address RUSSELL, RYAN J 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Name Changed: 04/20/2001 Address Changed: 01/16/2007 L*G=P= Name & Address Title VP RUSSELL, LUKE P 13120 IDYLWILD FARM ROAD FORT MYERS, FL 33905 https:llsearch.sunbiz.org/inquiry/CorporafionSearch/SearchResultDetail?inquirytype=EnttyName&directonType=lniUal&searchNameOJRm-W.QAS..QfIA7 7/18/22,4:32 PM RUSSELL, RYAN J 5790 BEECHWOOD TRAIL FORT MYERS, FL 33919 Title Secretary Vega, Melissa M 1462 Winkler Avenue Fort Myers, FL 33901 Title Manager Boop, Daniel C 13911 Lake Mahogany Boulevard #2922 Fort Myers, FL 33907 AnnuaLRiiI Report Year Filed Date 2020 01/23/2020 2021 02/02/2021 2022 01127/2022 Document Images Detail by Entity Name https:ltsearch.sunbiz.org/inquiry/CorporaUonSearch/SearchResultDetail?inquirytype=EnbtyName&direcbonType=lnibal&searchNameOiia@@,Q43.pf 337 \/ko"wilinage in, PDforinlal '4]' \/l mage lin I 0g Vlew llrna� e un F1,I)ll Ilyllrinlio� 02/0 7120 ANNl,,IA1_jRj1 jl�,' vio,,%, im"pv., In 11,11)11, f,)Inl n "A G ,1181 — Vliuvv magiu, In IIIJ111 fill 111, [ al Pfl,1111AL F�JF 1:° J� Vk�w rmAq'p!,'� 1111 13 [' f lo 1' 11 3 Vievv ir9 F1 D') rl r , "M VlicnIv irlPIDIF 'arrrlal V111cov InnageIn [1117"foin'dW 02/04/20113Vlovv inoor, ll 11'10I 2 A1,4 Nl,JAI, Vlevv llflaqu,iIII I P11 )11 f011,nlM 0 1 Al,,11�1LJM II "r,,44 I vicvr Inage, 1111 11D11 foll llu,0 V"JE1F9F,,`1 i0Qu1Poe O rn 9.., ( PIN, juirrna� 04111 Alvn,v irrago lin PIDF fr,,-jrrll,,M IIJA�W&J ['J "Al!"'vv lin Nqo in 1111", F forl'"M i/'l E,/2007 In PI)1::, fnlriw� AIJNI)P�t� HL-11POIRI View llflz'ir 4", 111 11 111DII: fixr1rd! In FICI� finunA UAL Viovv lInago, liXI FIDF� fc�rl,na1 ),fm",vv rrla("M III FIDI", forrin"A Detail by Entity Name https:ltsearch.sunbiz.org/inquiry/CorporaUonSearch/SearchResultDetail?inquirytype=EnbtyName&direcbonType=lnibal&searchNameOiia@@,Q43.pf 337 7/18/22,4:32 PM I,) I AN[NA)Ad, V ( �,,'v',) iiiv u I 1'L U f i i T 'f 'f i�,k, Qevv w*jgc hn FKA": Tocnlal' Detail by Entity Name https:llsearch.sunbiz.org/lnquiry/CorporaflonSearch/SearchResultDetail?inquirytype=EnfityName&direcbonType=lnitial&searchNameOR�44..gf ",17 '673 7/18/22, 4:31 PM sunbiz.org - Florida Department of State ,i3r,e,AoUs9,i �Ust NeXIA 3 IJ$l B,(5,,tJ111, 10-J.121 No Filing History r r �?t J fh" lout f . . . ............. .. .... . ............ ..... Fictitious Name Detail Fictitious Name PLAYMORE RECREATIONAL PRODUCTS AND SERVICES Fj11qgjn, Registration Number 617000052345 Status ACTIVE Filed Date 0511112017 Expiration Date 12/31/2022 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number 65-0984408 Mpiling- dd,re'ss .... ...... ... .... ... ... 10271 DEER RUN FARMS ROAD SUITE I FORT MYERS, FL 33966 Owner Information PLAYMORE WEST, INC. 10271 DEER RUN FARMS ROAD FORT MYERS, FL 33966 FEI/EIN Number: 65-0984408 Document Number: P00000016534 Document Im,#Re 1')1.'5/11/-M1 R fltkAgq 1�am2 ,',',,g [View image in PDF format 11 0u1 11 aSi. Returt, k) Uat No Filing History DKdMon of Corporafons DivisION OF CORPORATIONS 1111... 1111.... 1-1. 1111 .......... ---- Fictitious Name Search Submit Fictitious Name Search Submit dos.sunbiz.org/scriptstricidet.exe?action=DETREG&docnum=G1 7000052345&rdoenum=G0001 3900140 Page 245 of 3A7 Recreaflonal Noducts &Sjervices 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 QUOTATION (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free 04128/22 www.playmoreonline.com Job Number: 17005 Phase: PG Rev B Revision: Client: City of Boynton Beach Job: Wilson Park 100 E. Ocean Avenue NW 13th Court Boynton Beach FL 33435 Boynton Beach FL 33435 Contact: Frankie Lazo Phone: 561-564-6821 Fax: Email: lazo@bbfl.us Sales Rep: Kevin Furman Terms: Net 30 -- — --------------------- Item Description Quantity Cost Subtotal I Equipment PLAYMAKER CUSTOM PLAY STRUCTURE — WP 1 $109,583.00 $109,583.00 ZZXX0065 SPIN CUP 1 $992.00 $992.00 ZZXX0260 BELT SEAT w/SILVER SHLD CHAIN (8- RAIL) 2 $143.00 $286.00 ZZXX0265 INFANT SEAT w/SILVER SHLD CHAIN (8' RAIL) 2 $253.00 $506.00 ZZXX0598 QUATTRO SEE -SAW w/SEAT BACKS 1 $6,833.00 $6,833.00 ZZXX0930 3.5in OD 2 -UNIT STEEL ARCH SWING- 8ft TOP RAIL 1 $2,296.00 $2,296.00 ZZXX0932 3.5in OD STEEL ARCH SWING- 8ft ADD -A -BAY 1 $1,378.00 $1,378.00 ZZXXl I 15S UNITY WEB - SMALL 1 $15,197.00 $15,197,00 ZZXX0150 OVERDRIVE 1 $4,491.00 $4,491.00 Discount School District of Manatee County 21 -0053 -MR -1 $7,078.10 -$7,078.10 Subtotal- $134,483.90 2 Freight Freight Playworld Freight 1 $7,187.50 $7,187.50 Subtotal- $7,187.50 3 Installation Installation Off load and Install .Equipment, Demo North Playground, 1 $59,024.13 $59,024.13 Dumpstcrs, Temp Orange Fence, Site Prep Installation Provide and Install 5,790 SF of Playground Grass Academy 1 $99,242.94 $99,242.94 using 100% plastic EPS nailed board perimeter, staples every 1 around the perimeter, compacted stone base, 3 inch safety foam pro achieving 9' CFH, rubber infill Discount School District of Manatee County 21 -0053 -MR -1 $2,938.47 -$2,938A7 Eng Drwgs Engineered Sealed Drawings 1 $3,000.00 $3,000.00 NotesAnstallation of Site Amenities and Fountains by others. Page I Page 246 of 347 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreodine.com Client: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach FL 33435 QUOTATION 04/28/22 Job Number: 17005 Phase: PG Rev B Revision: Job: Wilson Park NW 13th Court Boynton Beach FL 33435 . ............. Item Description Quantity Cost Subtotal Page 2 Subtotal: $158,328.60 Grand Totals: $300,000.00 Page 247 of 347 ]3'HOV39 NOiNAOG AUVd NOS11M 6f UJ U) -i ry C/) --j uj 9 U) C) 0 0 0 C', :z Z: — / UJ uj ,�� m CO co ® 1 8�j m CO to CO LO 0 J co = co LL cb I Co LL 00 (D ui 0 20 E r - 75 00d LU LU w UJLL R 00 00 00 a co cn LL u - ni 2@O'= 0 a) 0 CD co U) ~ CL z w E LL < oo 31n43HOS V6 CU �7 IN Oq 0 UJ U) -i ry C/) --j uj U) C) 0 :z Z: — / UJ uj m CO co 08,9 ni �7 O Ln 0 Co Nt ti M O O LO N N (6 n ti M O LO N N (6 n ti M O N LO N N (6 n ti M O M LO N N (6 n 11.A. New Business 8/2/2022 Requested Action by Commission: Proposed Resolution No. R22-106 - Approve an I nterlocal Agreement with the Town of Hypoluxo for a Septic to Sewer project to eliminate the use of septic tanks in the Town's commercial area west of the FEC Railroad. Explanation of Request: The Town of Hypoluxo is the recipient of a grant from the State of Florida Department of Environmental Protection (Grant Agreement NS062) wherein the State will fund $333,660 to facilitate the abandonment of approximately eighteen (18) septic tanks on commercial properties with the Town and connect the properties to the City of Boynton Beach's wastewater system. The Town of Hypoluxo has secured two additional grants, a Resilient Florida grant in the amount of $704,375 and a budget allocation by the Florida State Senate in the amount $359,375 for a total of $1,397,410 in grant funds. The total estimated cost of the project is approximately $1,450,000 and will be funded by the Town. The properties are within the City of Boynton Beach's utility service area, and the City maintains existing sewer lines in the vicinity of the properties which can be extended to allow the properties to connect to the City's sanitary sewer system. The City will assist the Town with the engineering design, permitting, construction, and project management by City staff to satisfy the grant agreements, and the Town will reimburse the City for the cost of such services. Upon completion of the project, the City will bill the properties for wastewater service, and the City will own and maintain the infrastructure improvements. How will this affect city programs or services? Implementation of the project will provide an environmental benefit to eliminate septic tanks with the Town of Hypoluxo and connect to the City's sanitary sewer system. The City will acquire additional sewer customers via an extension of the City's existing sewer system, which will enable the City to provide a high level of service to the commercial properties within the project area. Fiscal Impact: Since the Town of Hypoluxo will reimburse the City for all costs of engineering, construction, and project management by City staff, there is no net fiscal impact to the City. Funds will be reimbursed to City Utility Fund. Alternatives: Do not approve the I nterlocal Agreement. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: Septic to sewer conversion will eliminate the environmental hazard of septic tanks that are sometimes not maintained well and cause ground water contamination. Page 254 of 347 Climate Action Application: Is this a grant? Yes Grant Amount: Attachments: Type D Addenduirn D Agreement D Exhibit D Agire(::.,11i DAgireeirTlelli D Resolution Description 1::Resok.aO.Join appili I II..... witl) Il Ilylpollu.nxcn foil" 'Septic Sewe�ir I1.3esligun and Connection I inteiii Agireeirneinil. Conceptual 1.1rawiings and (....oinceptual Cost Estiiii FD[:.::.:1--1 Girairlt F.::.::xteirllsbirli F::I IE F) Giraint Agiree'lli 1..)ocii.xrTx.,nt,3 Tbwn (,:)f I lypolu)(o ReSOIL160111 Page 255 of 347 I RESOLUTION NO. R22-106 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE INTERLOCAL 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF 5 HYPOLUXO FOR A SEPTIC TO SEWER PROJECT TO ELIMINATE THE USE OF 6 SEPTIC TANKS IN THE TOWN'S COMMERCIAL AREA WEST OF THE FEC 7 RAILROAD; AND PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, The Town of Hypoluxo is the recipient of a grant from the State of Florida 9 Department of Environmental Protection (Grant Agreement NS062) wherein the State will fund 10 $333,660.00 to facilitate the abandonment of approximately eighteen (18) septic tanks on 11 commercial properties with the Town and connect the properties to the City of Boynton Beach's 12 wastewater system; and 13 WHEREAS, the Town of Hypoluxo has secured two additional grants, a Resilient Florida 14 grant in the amount of $704,375 and a budget allocation by the Florida State Senate in the amount 15 $359,375 for a total of $1,397,410 in grant funds; and 16 WHEREAS, the total estimated cost of the project is approximately $1,450,000 and will be 17 funded by the Town; and 18 WHEREAS, the properties are within the City of Boynton Beach's utility service area 19 therefore the City will assist the Town with the engineering design, permitting, construction, and 20 project management by City staff to satisfy the grant agreements, and the Town will reimburse 21 the City for the cost of such services; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to approve and 24 authorize the Interim City Manager to sign the Interlocal agreement between the City of Boynton 25 Beach and the Town of Hypoluxo for a Septic to Sewer project to eliminate the use of septic tanks 26 in the Town's commercial area west of the FEC Railroad. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\ILA With Hypoluxo For Sanitary Sewer Design And Connection - Reso.Docx Page 256 of 347 29 Section 1. Each Whereas clause set forth above is true and correct and incorporated 30 herein by this reference. 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 57 58 59 60 61 62 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Interim City Manager to sign the Interlocal agreement between the City of Boynton Beach and the Town of Hypoluxo for a Septic to Sewer project to eliminate the use of septic tanks in the Town's commercial area west of the FEC Railroad. A copy of the Interlocal Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner—Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\ILA With Hypoluxo For Sanitary Sewer Design And Connection - Reso.Docx Page 257 of 347 INTERLOCAL AGREEMENT FOR SANITARY SEWER DESIGN AND CONNECTION SERVICES THIS INTERLOCAL AGREEMENT is made on this day of , 2022 by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and the TOWN OF HYPOLUXO, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Town." WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Town is the recipient of a grant from the State of Florida Department of Environmental Protection (Grant Agreement NS062) wherein the State will fund $333,660.00 to facilitate the abandonment of approximately eighteen (18) septic tanks on commercial properties ("Properties") within Town and connect the Properties to City's wastewater treatment system ("Project"); and WHEREAS, Town has secured two additional grants, a Resilient Florida grant in the amount of $704,375 and a budget allocation by Florida. State Senate in the amount of $359,375, for a total of $1,397,410, in grant funds; and WHEREAS, the total estimated cost of the Project is approximately $1,450,000; and WHEREAS, the Properties are within City's utility service area and City does maintain sanitary sewer lines in the vicinity of the Properties which can be extended to allow the Properties to connect to City's sanitary sewer system, in turn allowing the Properties to receive wastewater service; and WHEREAS, City has agreed to provide the engineering and sanitary sewer construction services to the Town to satisfy both Task #1 and Task #2 as set forth in Grant Agreement NS062, a copy of which is attached as Exhibit "A," and Town has agreed to reimburse City the cost of such services; and WHEREAS, following connection of the Properties to City's sanitary sewer system, City will bill the Properties for wastewater services; and WHEREAS, the owners of the Properties will become customers of City for wastewater services, and will be responsible for remitting payment to City for the wastewater services provided to the Properties. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: {00519746.1 306-90018211 Page 1 of 7 Page 258 of 347 The foregoing whereas clauses are true and correct and represent material provisions of this Agreement. 2. City agrees to perform, on behalf of Town, Task #1 and Task #2 asset forth in Attachment 3, Grant Work Plan, of the Agreement between the Town and the State of Florida (NS 062), a copy of which is attached as Exhibit "A. 3. City shall be responsible for overseeing the project, coordinating with the design engineer, and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the Town concerning compliance with the Plan. City shall complete construction of the Project by September 30, 2024 as required by the Grant Agreement with the State of Florida. 4. Town will pay City its actual cost to perform Task #1 and Task #2, estimated to be $1,450,000. Payments will be made as follows: a. On execution of this Agreement $435,000.00 b. On delivery of connection Design Documents/Plans $435,000.00 c. On Connection of all Properties $435,000.00 d. On delivery to the Town of Task 2 Final Report $145,000.00 If the actual cost of the Project deviates from the estimated cost, the final payment by Town shall be adjusted upward or downward to reflect such deviation. 5. Town is responsible for all submissions to the State required by Grant Agreement NS 062, the Resilient Florida Grant and the appropriation by State Senator Berman procured by the Town. City will assist Town in satisfying Town's submission requirements for all grants received. Upon request from City, or an authorized agent of City, including the Utilities Director or designee and the City of Boynton Beach Attorney, Town shall provide all documents reasonably requested by the City of Boynton Beach or City's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 6. Payments by Town to City are not contingent on payments or reimbursement from the State to the Town. 7. Following the completion of the Project, the Properties will be sewer service customers of City and collection of fees and remedy provision for non-payment of the fees will be the sole responsibility of City. Upon activation of sewer service, the Customer will be billed and is obligated to pay minimum monthly fees for service availability which are currently $19.33 FY 21/22, whether or not consumption has occurred and regardless of occupancy. The minimum monthly fees, identified as Base Facility Fees and Customer Account Fees based on the City's Code of Ordinances, Chapter 26, Section 26-8 and Section 26-9, are necessary to recover the ongoing expenses required to keep service available to the property. Accordingly, upon discontinuance of service to a property, these minimum monthly fees will continue to accrue (excludes permanent disconnection). Failure to pay {00519746.1 306-90018211 Page 2 of 7 Page 259 of 347 these fees within sixty (60) days may result in a Claim of Lien being filed on the Property in accordance with the provisions of City's Code of Ordinances. MI 1 I' W a l l t -. I 11 1 17- a. The Parties agree and stipulate that both Parties are subject to Florida public records laws and shall fully comply with same. At the request of either Party the other shall, in accordance with applicable law, respond to any request for public records received by the requesting party relating to this Agreement. Any other public records request shall be responded to by the receiving Party. Each Party shall cooperate upon request by the other Party and provide any requested records to enable the Party to respond to a public records request. b. This Agreement shall be deemed in breach for the refusal by a Party to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the Parties in conjunction with this Agreement. 9. GovernmgntalImmunity, a. Nothing herein is intended to serve as a waiver of sovereign immunity by any Party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. City and Town, to the extent that they are political subdivisions as provided in §768.28, Florida Statutes, agree to be fully responsible for the acts and omissions of their officials, agents or employees to the extent permitted by law. b. Neither City nor Town intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties agree that there are no third -party beneficiaries to this Agreement and that no third -party shall be entitled to assert a right or claim against either of them based upon this Agreement. 10. Notice. Whenever either Party desires to give notice to the other, such notice must be sent by certified United States Mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified below. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For present, the Parties designate the following: CITY: (00519746.1306-90018211 City of Boynton Beach Attn: Interim City Manager 100 E. Ocean Ave. Boynton Beach, FL 33435 Page 3 of 7 Page 260 of 347 With copy to: City of Boynton Beach Attn: City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd, Ste. 200 Fort Lauderdale, FL 33308 TOWN: Town of Hypoluxo Attn: Mayor 7580 South Federal Highway Hypoluxo, FL 33462 With copy to: Town of Hypoluxo Attn: Town Attorney Torcivia, Donlon, Goddeau & Rubin, P.A. 701 Northpoint Parkway, Ste. 209 West Palm Beach, FL 33407 11. Miscellaneous. a. ASSIGNMENT: Neither City nor Town shall have the right to assign this Agreement. b. MATERIALITY AND WAIVER OF BREACH: City and Town agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the telms of this Agreement. C. COMPLIANCE WITH LAWS: City and Town shall comply with all federal, state and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. d. SEVERANCE: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Town elect to terminate this Agreement. e. JOINT PREPARATION: The Parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent {00519746.1 306-90018211 Page 4 of 7 Page 261 of 347 and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. f. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referenced herein, or any document incorporated into this Agreement by reference and a term, statement, requirement or provision of Sections 1 through 7 of this Agreement, the term, statement, requirement or provision contained in Sections 1 through 7 shall prevail and be given effect. g. JURISDICTION AND VENUE: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be in the state courts of the 15th Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be in such state court. h. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by City and Town. i. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings between the Parties applicable to the matters contained herein. j. REPRESENTATION OF AUTHORITY: Each individual executing this Agreement on behalf of a Party hereto does hereby represent that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Party. k. MULTIPLE ORIGINALS: Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 1. INDEPENDENT CONTRACTOR. Nothing in this Agreement constitutes or creates a partnership, joint venture, or any other relationship between the Parties. Neither Party nor its agents shall act as officers, employees, or agents of the other Party. Neither Party shall have the right to bind the other Parry to any obligation not expressly undertaken by that Party under this Agreement. in. SURVIVABILITY. Notwithstanding any expiration or termination of this Agreement, the following provisions shall survive expiration and termination: Section 8 Access to Records; Section 9 Governmental Immunity; Section I Lg Jurisdiction and Venue; and Section 1 Lm Survivability. {00519746.1 306-90018211 Page 5 of 7 Page 262 of 347 n. EFFECTIVENESS OF THE AGREEMENT. This Agreement shall take effect upon execution by all parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ATTEST: By: Deputy Town Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Town Attorney ATTEST: By: City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney {00519746.1 306-90018211 TOWN OF HYPOLUXO, a Florida Municipal Corporation UA Mayor CITY OF BOYNTON BEACH, a Florida Municipal Corporation WE Page 6 of 7 Mayor Page 263 of 347 {00519746.1 306-90018211 EXHIBIT A Grant Agreement NS062 Page 7 of 7 Page 264 of 347 HYPOLUXO MALL SEPTIC TO SEWER CONVERSION CONCEPTUAL CONSTRUCTION COST ESTIMATE ITEM NO DESCRIPTION EST QTY UNITS UNIT COST VALUE 1 8" PVC C-900 1,010 LF $ 70 $ 70,700 2 4" PVC C-900 Force Main (Open Cut) 1,300 LF $ 50 $ 65,000 3 Manholes 5 EA $ 6,900 $ 34,500 4 Sidewalk restoration 1,200 LF $ 30 $ 36,000 5 4"x6" Tapping Sleeve and Valve 1 EA $ 2,400 $ 2,400 6 6" Sanitary Sewer Lateral with City Clean -Outs 6 LF $ 3,300 $ 19,800 7 City Lift Station 1 LS $ 330,800 $ 330,800 8 Additional Restoration 1 LF $ 3,900 $ 3,900 9 MOT I LS $ 4,200 $ 4,200 10 Mobilization /Demobilization 1 LS $ 10,500 $ 10,500 11 Easement Acquisition 1 LS $ 10,500 $ 10,500 SUB -TOTAL $ 588,300 Engineering, Surveying, Permitting, General Conditions, Contingency, etc. (30%) $ 176,500 TOTAL COST ESTIMATE HYPOLUXO MALL $ 764,800 Assumptions. 1. Boynton Beach Utilities will own and operate the new lift stations. 2. The lift stations, gravity sewer, manholes, and force main piping will be located in dedicated utility easements or within the public roadway right-of-way. 3. Unit costs are based on recent Utilities construction projects. 4. Amounts rounded to nearest 100s Pag€ 2661df 347 y H / U/, „rn aarijio/ioioaaiaC/ i y%i %l ,U 13 %', a/,; O � ,:„i' /u / t/i ,'�,J/✓ Irr /ilii � { I � /%„ �,�,�� � 1. j/ 'r� / l Zcel LL /ii 0 /! /i iiia / // / /r / /iia/i / r 'r W O %, r � �r`�/%% rl , ✓ %/////ri/ w air /i/,,, /iii/Q%a %/ii /U%%//r/d// %/ 1 Y/I w �l ��I 1✓��n', �r I � , i� rll* � ;' 1.1.1 � q/ll/' /, � rr, >?. ar.� /Y � ✓/ a; r r �� `/ +A� � /r riri r/Ir, ry �C' ”, Ijl;/l,.. ,'/lll�'IlY��f%irJrrl�la'!! 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'I qn%M� r "/'�>✓�a/r1 �JY / r %G �� airNi VI ����v /1/r/ ��i// l�'�� r�rf✓i of ,� / r � ���/ �� /% /'id/fj r i 'ert , f , 1 i / r rc/ m p Ilf, i / f / 1 U/ , r / 6MP &gH WImW okVttlaMH„LPcD4ZQZ\IIDN oxnlp MINER ROAD BUSINESS PARK SEPTIC TO SEWER CONVERSION CONCEPTUAL CONSTRUCTION COST ESTIMATE ITEM NO I DESCRIPTION EST QTY UNITS UNIT COST VALUE 1 8" PVC C-900 784 LF $ 70 $ 54,900 2 4" PVC C-900 Force Main 395 LF $ 50 $ 19,800 3 Manholes 3 EA $ 6,900 $ 20,700 4 Pavement Restoration 800 LF $ 70 $ 56,000 5 10"x4" Tapping Sleeve and Valve 1 EA $ 4,700 $ 4,700 6 6" Sanitary Sewer Lateral with City Clean -Outs 41 EA $ 3,300 $ 13,200 7 City Lift Station 1 LS $ 330 800 $ 330,800 8 Restoration 1 LS $ 3,900 $ 3 900 9 MOT 1 LS $ 4,400 $ 4,400 10 Mobilization/Demobilization 1 LS $ 11,000 $ 11,000 11 lEasement Acquisition 1 LS $ 11,000 $ 11,000 SUB -TOTAL $ 530,400 Engineering, Surveying, Permitting, General Conditions, Contingency, etc. (30%) $ 159,100 TOTAL COST ESTIMATE BUSINESS PARK F $ 689,500 Assumptions: 1. 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NS062 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND TOWN OF HYPOLUXO This Amendment to Agreement No. NS062 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Town of Hypoluxo (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Hypoluxo Septic Tank Conversion (Project), effective May 26, 2020; and, WHEREAS, the Grantee has requested an extension of the Agreement due to the significant increase in costs, the Grantee has had to secure additional funding in order to move forward with this project; and, WHEREAS, due to delays in the securing of additional funding, the Grantee has requested an additional twenty-four (24) months to complete work; and, WHEREAS, the Department has agreed to the no -cost extension to complete the project; and, WHEREAS, the parties have agreed to extend the Agreement and task timelines to the Agreement as set forth herein; and, NOW THEREFORE, the parties agree as follows: Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to March 31, 2025. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. Attachment 3, Project Timetine and Budget Detail, is hereby deleted and replaced with the following: PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction Contractual Services $333,660.00 5/26/2020 9/30/2024 2 Final Report Contractual Services $0 5/26/2020 12/31/2024 Note that, per Section 8.h. of Attachment 1 in the Agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1DEP Agreement No. NS062, Amendment No. 1, Page 1 of 2 Page 269 of 347 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. TOWN OF 14YPOLUXO Author i' ed - Signature Michael C. Brown, Mayor Print Name and Title Date:. IDEP Agreement No. NS062, Amendment No. 1, Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: 0 Digitally signed by Angela Knecht Angela Knecht Date: 2022.06.0112:15:47-04'00' Secretary or Designee Angela Knecht, Division Director Print Name and Title Date: Connie Digitally signed by Connie Becker BeckerDate: 2022.05.25 15:24:07 -04'00' Connie Becker, DEP Grant Manager Digitally signed by Alexandra Alexandra Mastrocola Mastrocola Date: 2022.05.26 13:54:55 -04'00' Alexandra Mastrocola, DEP QC Reviewer Page 270 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Hypoluxo Septic Tank Conversion NS062 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Town of Hypoluxo Entity Type: Local Government Grantee Address: 76080 South Federal Highway, Hypoluxo, FL 33462 FEID: 59-1350566 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 3/31/23 4. Project Number: Project Location(s): Sit,. #1 (Lal: 26.960507 Lung: -80.055354); Site 2 (Lat: 26.571110 Long: (If different from Agreement Number) -80.054657) Project Description: The Grantee will abandon approximately 18 septic systems and connect these commercial properties to the municipal wastewater treatment system. 5. Total Amount of Funding: $333,660.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): R1 State ❑Federal TMDL, GAA LI 1681, FY 19-20, GR $333,660.00 ❑ State ❑Federal V Grantee Match $345,660.00 Total Amount of Funding + Grantee Match, if any: $679,320.00 6. Department's Grant Manager Grantee's Grant Manager Name: Connie Becker Name: Dixie Gualtieri. CMC or successor Address: 3900 Commonwealth Boulevard, MS 3570 Tallahassee, FL 32399 Address: 7580 South Federal Highway Hypoluxo, Florida 33462 or successor Phone: 850-245-2945 Phone: 561-582-0155 Email: Connie.L.Beeker@dep.state.fl.us Email: dgualtieri@hypoluxo.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Q Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements V Attachment 2: Special Terms and Conditions Ff Attachment 3: Grant Work Plan C1 Attachment 4: Public Records Requirements R1 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at httl2s://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form V Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. NS062 Rev. 6/20/18 Page 271 of 347 8. The following niftm-nation applies to 1,ederal Grants only and is identified in accordance with 2 CIR 200331(a)(1): IN WITNESS WIJEREOF, this Agreement shall be effective on the date indicated by the Agrcemen( Begin Date above or the hist date signed below, whichever is later. Town of Ilypoluxo Grantee Name By (11 r0wriled Signature) Date Signed Michael C. Brown, Mayor . .......... ..... . . .. ...... . . ........ . .... — Print N,: nic acrd Title of'') Si State of Florida Department of Environmental Protection DE PAR 1 - - - --------- - - By Trina Vielhauer Digitally signed by Trina Vielhauer Secretary or I )esignee Date Signed Trina Vielhauer, Director of Water Resturatioui Assistance Print Name acrd Title of Person Sign HIR W Additional signatures attached on separate page. DEP Agreement No, NS062 Rev. 6/20/18 Page 272 of 347 DWRA Additional Signatures Connie Digitally signed by Connie Becker Becker Date: 2020.05.26 11:51:20 -04'00' DEP Grant Manager Amanda Digitally signed by Amanda Peck Peck Date: 2020.05.26 12:03:43 -04'00' DEP QC Reviewer DEP Agreement No. NS062 Page 273 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. if the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 6/19/2019 Page 274 of 347 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days fi-om receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev. 6/19/2019 Page 275 of 347 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://xvww.myfloridacfo.com/Division/AA/Manuals/Auditing/Reference Guide For State Expenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: AN-ww.myfloridacfo.com/Division/AANendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Attachment 1 3 of 11 Rev. 6/19/2019 Page 276 of 347 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting Attachment 1 4of11 Rev. 6/19/2019 Page 277 of 347 period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. if Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. C. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for Attachment 1 5of11 Rev. 6/19/2019 Page 278 of 347 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title l 1 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice Attachment 1 6of11 Rev. 6/19/2019 Page 279 of 347 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Attachment 1 7of11 Rev. 6/19/2019 Page 280 of 347 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8of11 Rev. 6/19/2019 Page 281 of 347 b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agencypursuant to Section 216.347, F.S., except thatpursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hM2://dos.mvflorida.com/library-archives/records-mana eg ment/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. if Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs.com\fsaa. Attachment 1 9of11 Rev. 6/19/2019 Page 282 of 347 d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. £ The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products Attachment 1 10 of 11 Rev. 6/19/2019 Page 283 of 347 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any thud - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 6/19/2019 Page 284 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. NS062 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Hypoluxo Septic Conversion. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. © ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F. S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev. 6/14/19 Page 285 of 347 Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d_ Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. P,J��In('!;. A 1I i 1 C rVV1 o'ti),Jed here he app d by btle it )"71"' "A il_i�i ^;IT i 411 Attachment 2 2 of 2 Rev. 6/14/19 Page 286 of 347 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Hypoluxo Septic Conversion PROJECT LOCATION: The Project will be located at two sites approximately 1000 feet away from Lake Worth Lagoon in the Town of Hypoluxo in Palm Beach County. Site 1 is the Hypoluxo Mall, located on the northern boundary of the Town along Hypoluxo Rd. and US Highway 1, adjacent to the FEC Railway corridor; Lat/Long (26.560507, -80.055354). Site 2 is located along on Miner Road and the railway corridor; Lat/Long (26.571110, -80.054657). See Figure 1 for a location maps PROJECT BACKGROUND: In 2009, the Town of Hypoluxo (Grantee) received financial assistance from the State of Florida through the Lake Worth Lagoon Initiative to abandon 28 septic systems in a residential area adjacent to the Lake Worth Lagoon. This project will complete the process of sewering the Town, removal of the remaining 18 septic systems, to protect the Lagoon through nutrient pollution reductions, and serve as a success story for small coastal communities located directly on the water. PROJECT DESCRIPTION: The Grantee will abandon approximately 18 septic systems and connect these commercial properties to the municipal wastewater treatment system. The DEP Grant Funds associated with this Agreement were awarded based on local contributions pledged towards the total project costs 5345,660 from the Town of Hypoluxo. A summary of these local contributions will be required in the Final Report. Financial supporting documentation of locally pledged contributions shall be provided upon request. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task #1: Connection to Central Sewer Deliverables: The Grantee will connect approximately 18 commercial buildings to a central sanitary sewer system for wastewater treatment by City of Boynton Beach Wastewater facility. Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee, a list of addresses and types of the properties connected, and proof of connection for each property, as evidenced by copies of invoices for the connections by a licensed plumber or a utility contractor or building contractor; or a certification by a Licensed Professional Engineer. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than quarterly. Task #2: Final Report Deliverables: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: • Project location and background, project description and timeline, grant award amount and anticipated benefits. DEP Agreement No. NS062, Attachment 3, Page 1 of 3 Page 287 of 347 • Financial summary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided, along with other related project work performed outside of this Agreement to identify the overall project cost. • Discussion of project schedule versus actual completion, including changes required to the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. • Summary of activities completed as well as those not completed and why, as well as a brief summary of any additional phases yet to be completed. • Dated color photo documentation of work performed (representative of the entire project), appropriate figures (site location, site plan(s), etc.), appropriate tables summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. Documentation: The Grantee will submit: 1) a copy of the draft Final Report in Word format; and 2) a copy of the Department -approved Final Report, in Word or PDF format. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are provided as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or match documentation following the conclusion of the task. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction Contractual Services 5333,660 Upon Execution 07/30/2022 2 Final Report Contractual Services SO Upon Execution 09/30/2022 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. NS062, Attachment 3, Page 2 of 3 Page 288 of 347 Figure 1: Location Map DEP Agreement No. NS062, Attachment 3, Page 3 of 3 Page 289 of 347 1. Public Records. a. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: Keep and maintain Public Records required by Department to perform the service. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesnfloridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 Page 290 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 21597, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.efda.gov Attachment 5 1 of 6 BGS -DEP 55-215 revised 7/2019 Page 291 of 347 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), arecipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hltp://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.tldfs.com/and the Auditor General's Website at http://www.mylorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient dir ectly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS -DEP 55-215 revised 7/2019 Page 292 of 347 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.,gov/facweb/ Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditgdep. state. fl. us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://fl auditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directl to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditgdep. state. fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 7/2019 Page 293 of 347 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS -DEP 55-215 revised 7/2019 Page 294 of 347 rl I zz U S r a 0 0 y y _U O ° vUi U U Y �U sy. �U C � U U y y 'd � 'C U N w U V1 w O N N � Z; v Q fUr U Q � U O U U O V C u u s� 0 d' 0 w � Uz w �z a, V y U U CIL cu 3 � w � w u s. O u w S r a d� co 4- 0 N N cm m 0- y y _U O ° vUi U U Y � N sy. C � U U y y � U N U V1 y fUr U � U � G 0 0 d� co 4- 0 N N cm m 0- O 0 0 Y a` �U �U Sw Y Y i.4 Q Q v M bc w w w w w u it O O �.y O Y i..l v u u y G' O � � � Q Y Q � w U C y w U w O U C/D U Q'I O w t C% ' 0 U u u Y CA 0 o I u U U In Lei :LI i. ..moi .0 v � N w N w o ct u � � � � w 'Y 4-i w tc a c b a.. y O y 0 ;.To a y 0 �4 O M O CD CD N (V (a 0 0 a` Y Y E Ei M bc U � � w w 0 U � O Y u u y U Y • y O C y C O C U C/D U Q'I O w t C% ' Y CA 0 o I u w N w a � U 'Y 4-i U tc a c b v C �+ a bA Q m +�„ M O CD CD N (V (a EXHIBIT A PROGRESS REPORT FORM DEP Agreement No.: NS062 Project Title: Hypoluxo Septic Tank Conversion Grantee Name: Town of Hypoluxo Grantee Address: Grantee's Grant Manager: ReportingPeriod: 1 1111"Imo s W11 iiitcm 1111c1 it.e:� l� Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks. The following format should be followed: Task #: Task Title • Progress for this reporting period: • Identify any delays or problems encountered: Task #: Task Title • Progress for this reporting period: • Identify any delays or problems encountered: Indicate the completion status for the following tasks (if included in the Grant Work Plan): e Design (Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ e Permitting((Completed) Yes ❑, No ❑ • Construction (Estimated) % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Exhibit A, Page 1 of 1 Rev. 10/15/19 Date Page 297 of 347 Exhibit C The Payment Request Summary Form for this grant can be found on our website at this link: hps://fioridadep.ov�wralwraldoctamants/pa��r�ent request su�rnniarform Please use the most current form found on the website, linked above, for each payment request. Page 298 of 347 I TOWN OF HYPOLUXO 2 3 RESOLUTION NO. 22-511 4 5 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF 6 HYPOLUXO, FLORIDA APPROVING AN INTERLOCAL AGREEMENT 7 WITH THE CITY OF BOYNTON BEACH FOR SANITARY SEWER 8 DESIGN AND CONNECTION SERVICES TO ELIMINATE THE USE OF 9 SEPTIC TANKS IN THE TOWN'S COMMERCIAL AREAS WEST OF THE 10 FEC RAILROAD TRACKS AND AUTHORIZING THE MAYOR AND 11 DEPUTY TOWN CLERK TO EXECUTE THE AGREEMENT ON BEHALF 12 OF THE TOWN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach ("City") is the Town's utility provider for 16 both water and wastewater services; and 17 18 WHEREAS, the Town has been working on securing grant monies to fund the 19 elimination of septic tanks within the Town's commercial areas west of the FEC railroad 20 tracks and connect these properties to the City's existing wastewater system ("Project"); 21 and 22 23 WHEREAS, the City has agreed to design and construct the Project on behalf of 24 the Town, and the Town has agreed to pay the costs of the Project through the use of 25 grant funds and other means, including, but not limited to, the imposition of special 26 assessments against the properties specially benefited by the Project; and 27 28 WHEREAS, the Town Council determines that the adoption of this Resolution is in 29 the best interests of the health, safety and welfare of the citizens and residents of the 30 Town of Hypoluxo. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE 33 TOWN OF HYPOLUXO, FLORIDA as follows: 34 35 Section 1. The foregoing recitals are ratified as true and incorporated herein. 36 37 Section 2. The Town Council hereby approves an Interlocal Agreement with the 38 City of Boynton Beach for Sanitary Sewer Design and Connection Services, a copy of 39 which is attached hereto and incorporated herein, and authorizes the Mayor and Deputy 40 Town Clerk to execute the Interlocal Agreement on behalf of the Town. 41 42 Section 3. All resolutions or parts of resolutions in conflict with this Resolution 43 are hereby repealed to the extent of such conflict. 44 45 Section 4. This Resolution shall become effective immediately upon adoption. 46 Page 1 of 2 Page 299 of 347 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLVED AND ADOPTED this day of , 2022. TOWN OF HYPOLUXO, FLORIDA ATTEST: Dixie Gualtieri, Deputy Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Leonard G. Rubin, Town Attorney VOTE: VICE MAYOR RICHARD J. RONEY COUNCILMEMBER BRAD R. DOYLE COUNCILMEMBERCHRISTINE NAGY COUNCILMEMBER LINDA ALLEN COUNCILMEMBER STEPHANIE KAHLERT Michael C. Brown, Mayor AYE: Page 2 of 2 NAY: ABSENT: Page 300 of 347 INTERLOCAL AGREEMENT FOR SANITARY SEWER DESIGN AND CONNECTION SERVICES THIS INTERLOCAL AGREEMENT is made on this day of , 2022 by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and the TOWN OF HYPOLUXO, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Town." WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Town is the recipient of a grant from the State of Florida Department of Environmental Protection (Grant Agreement NS062) wherein the State will fund $333,660.00 to facilitate the abandonment of approximately eighteen (18) septic tanks on commercial properties ("Properties") within Town and connect the Properties to City's wastewater treatment system ("Project"); and WHEREAS, Town has secured two additional grants, a Resilient Florida grant in the amount of $704,375 and a budget allocation by Florida State Senate in the amount of $359,375, for a total of $1,397,410, in grant funds; and WHEREAS, the total estimated cost of the Project is approximately $1,450,000; and WHEREAS, the Properties are within City's utility service area and City does maintain sanitary sewer lines in the vicinity of the Properties which can be extended to allow the Properties to connect to City's sanitary sewer system, in turn allowing the Properties to receive wastewater service; and WHEREAS, City has agreed to provide the engineering and sanitary sewer construction services to the Town to satisfy both Task #1 and Task #2 as set forth in Grant Agreement NS062, a copy of which is attached as Exhibit "A," and Town has agreed to reimburse City the cost of such services; and WHEREAS, following connection of the Properties to City's sanitary sewer system, City will bill the Properties for wastewater services; and WHEREAS, the owners of the Properties will become customers of City for wastewater services, and will be responsible for remitting payment to City for the wastewater services provided to the Properties. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: (00519746.1 306-9001821) Pagel of 7 Page 301 of 347 The foregoing whereas clauses are true and correct and represent material provisions of this Agreement. 2. City agrees to perform, on behalf of Town, Task 41 and Task #2 asset forth in Attachment 3, Grant Work Plan, of the Agreement between the Town and the State of Florida (NS 062), a copy of which is attached as Exhibit "A. 3. City shall be responsible for overseeing the project, coordinating with the design engineer, and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the Town concerning compliance with the Plan. City shall complete construction of the Project by September 30, 2024 as required by the Grant Agreement with the State of Florida. 4. Town will pay City its actual cost to perform Task #1 and Task #2, estimated to be $1,450,000. Payments will be made as follows: a. On execution of this Agreement $435,000.00 b. On delivery of connection Design Documents/Plans $435,000.00 c. On Connection of all Properties $435,000.00 d. On delivery to the Town of Task 2 Final Report $145,000.00 If the actual cost of the Project deviates from the estimated cost, the final payment by Town shall be adjusted upward or downward to reflect such deviation. 5. Town is responsible for all submissions to the State required by Grant Agreement NS 062, the Resilient Florida Grant and the appropriation by State Senator Berman procured by the Town. City will assist Town in satisfying Town's submission requirements for all grants received. Upon request from City, or an authorized agent of City, including the Utilities Director or designee and the City of Boynton Beach Attorney, Town shall provide all documents reasonably requested by the City of Boynton Beach or City's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 6. Payments by Tow to City are not contingent on payments or reimbursement from the State to the Town. 7. Following the completion of the Project, the Properties will be sewer service customers of City and collection of fees and remedy provision for non-payment of the fees will be the sole responsibility of City. Upon activation of sewer service, the Customer will be billed and is obligated to pay minimum monthly fees for service availability which are currently $19.33 FY 21122, whether or not consumption has occurred and regardless of occupancy. The minimum monthly fees, identified as Base Facility Fees and Customer Account Fees based on the City's Code of Ordinances, Chapter 26, Section 26-8 and Section 26-9, are necessary to recover the ongoing expenses required to keep service available to the property. Accordingly, upon discontinuance of service to a property, these minimum monthly fees will continue to accrue (excludes permanent disconnection). Failure to pay (00519746.1 306-9001821) Page 2 of 7 Page 302 of 347 these fees within sixty (60) days may result in a Claim of Lien being filed on the Property in accordance with the provisions of City's Code of Ordinances. 8. Access to Records and Ownership of Documents a. The Parties agree and stipulate that both Parties are subj ect to Florida public records laws and shall fully comply with same. At the request of either Party the other shall, in accordance with applicable law, respond to any request for public records received by the requesting party relating to this Agreement. Any other public records request shall be responded to by the receiving Party. Each Party shall cooperate upon request by the other Party and provide any requested records to enable the Party to respond to a public records request. b. This Agreement shall be deemed in breach for the refusal by a Parry to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the Parties in conjunction with this Agreement. 9. Governmentallmmunity. a. Nothing herein is intended to serve as a waiver of sovereign immunity by any Party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. City and Town, to the extent that they are political subdivisions as provided in §768.28, Florida Statutes, agree to be fully responsible for the acts and omissions of their officials, agents or employees to the extent permitted by law. b. Neither City nor Town intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties agree that there are no third -party beneficiaries to this Agreement and that no third -party shall be entitled to assert a right or claim against either of them based upon this Agreement. 10. Notice. Whenever either Party desires to give notice to the other, such notice must be sent by certified United States Mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified below. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For present, the Parties designate the following: CITY: City of Boynton Beach Attn: Interim City Manager 100 E. Ocean Ave. Boynton Beach, FL 33435 (00519746.1 306-9001821} Page 3 of 7 Page 303 of 347 With copy to: City of Boynton Beach Attn: City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd, Ste. 200 Fort Lauderdale, FL 33308 TOWN: Town of Hypoluxo Attn: Mayor 7580 South Federal Highway Hypoluxo, FL 33462 With copy to: Town of Hypoluxo Attn: Town Attorney Torcivia, Donlon, Goddeau & Rubin, P.A. 701 Northpoint Parkway, Ste. 209 West Palm Beach, FL 33407 11. Miscellaneous. a. ASSIGNMENT: Neither City nor Town shall have the right to assign this Agreement. b. MATERIALITY AND WAIVER OF BREACH: City and Town agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the telms of this Agreement. C. COMPLIANCE WITH LAWS: City and Town shall comply with all federal, state and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. d. SEVERANCE: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Town elect to terminate this Agreement, C. JOINT PREPARATION: The Parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this {00519746.1 306-9001821) Page 4 of 7 Page 304 of 347 Agreement has been their j oint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. f. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referenced herein, or any document incorporated into this Agreement by reference and a term, statement, requirement or provision of Sections 1 through 7 of this Agreement, the terin, statement, requirement or provision contained in Sections I through 7 shall prevail and be given effect. g. JURISDICTION AND VENUE: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be in the state courts of the 15'h. Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be in such state court. h. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by City and Town. i. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings between the Parties applicable to the matters contained herein. j. REPRESENTATION OF AUTHORITY: Each individual executing this Agreement on behalf of a Party hereto does hereby represent that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Party. k. MULTIPLE ORIGINALS: Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 1. INDEPENDENT CONTRACTOR. Nothing in this Agreement constitutes or creates a partnership, joint venture, or any other relationship between the Parties. Neither Party nor its agents shall act as officers, employees, or agents of the other Party. Neither Party shall have the right to bind the other Party to any obligation not expressly undertaken by that Party under this Agreement. in. SURVIVABILITY. Notwithstanding any expiration or tennination of this Agreement, the following provisions shall survive expiration and termination: Section S Access to Records; Section 9 Governmental immunity; Section I Lg Jurisdiction and Venue; and Section l Lm Survivability. {00519746.1 306-9001821} Page 5 of 7 Page 305 of 347 n. EFFECTIVENESS OF THE AGREEMENT. This Agreement shall take effect upon execution by all parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ATTEST: By: Deputy Town Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Town Attorney ATTEST: By: City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney TOWN OF HYPOLUXO, a Florida Municipal Corporation Mayor CITY OF BOYNTON BEACH, a Florida Municipal Corporation Mayor (00e19746.t 3a6-9ooi8211 Page 6 of 7 Page 306 of 347 EXHIBIT A Grant Agreement NS062 190519746.1 306 9001821 } Page 7 of 7 Page 307 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Aureement This A reement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1, Project Title (Project): Agreement Number: Hypoluxo Septic Tank Conversion NS062 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee, Florida 32399-3000 Grantee Name: Town of Hypoluxo Entity Type: Local Government Grantee Address: 76080 South Federal Highway, Hypoluxo, FL 33462 FEID: 59-1350566 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 3131/23 4. Project Number: Project Location( s): Siic#)(Lai:26,540507 Lung, -80.055357);SWM2(Lni: 26.571110Long: (ff dii fereni fialn Agreeinent Nionbe7) -80.054657) Project Description: The Grantee will abandon approximately 18 septic systems and connect these commercial properties to the municipal wastewater treatment system. 5. Total Amount of Funding: $333,660.00 Funding Source? Award #s or Line Item Appropriations: Amount per Sources : X11 State ❑Federal TMDL, GAA LI 1681, FY 19-20, GR $333,660.00 ❑ State ❑Federal 671 Grantee Match $345,660.00 Total Amount of Funding + Grantee Match, if any: $679,320.00 6. Department's Grant Manager Grantee's Grant Manager Name: Connie Becker Name: Dixie Gualtieri. CMC or successor Address: 3900 Commonwealth Boulevard, MS 3570 Tallahassee, FL 32399 Phone: 850-245-2945 Address: 7580 South federal Highway Hypoluxo, Florida 33462 Phone: 561-582-0155 or successor Email: Connie.L.Becker@dep.state.fl.us dep.state.fl.us Email: dgualtieri@hypoluxo.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incornorated by reference: lot Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements V Attachment 2: Special Terms and Conditions d Attachment 3: Grant Work Plan +7 Attachment 4: Public Records Requirements Qi Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:/Ifacts.fldfs.coin, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 66 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form ® Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. NS062 Rev. 6120118 Page 308 of 347 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a).(]): Federal Award Identifioation Numbers A Federal Award Date to De artment: Total Federal Funds Obligated b this Agreement. Federal Awarding A enc : Award R&D? ❑ Yes ❑NIA IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last [late signed below, whichever is later. Town of Hypoluxo Grantee Name By Michael C. &otiyn, Mayor Print Name and Title of Person Si in GRANTEE oslaa /'Z 0.. o Tate' State of Florida De at tment of Extvirpntnen#al Protection DEPARTMENT Trina 1/lt'�ilaU�1 D€gitaliysignedbyTrinaVielhauer By V /'Date:2020.05.26i2:21:29-04'00' Secretary or Designee Date Signed Trina Vielhauer, Director of Water Restoration Assistance rintName and Title of Person Signer U Additional signatures attached on separate page. DEP Agreement No. NS062 Pev. 6/20/19 Page 309 of 347 DWRA Additional Signatures ConnieBecker signed by Connie Becker Becker Dale: 2020.05.26 11:51:20 -04'00' DEP Grant Manager Amanda Peck DEP QC Reviewer Digitally signed by ;t Amanda Peck R' Dalo; 2020.05.26 12:03:43 -04'00' DEP Agreement No. NS062 Page 310 of 347 STA'T`E OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (I) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev. 6/19/2019 Page 311 of 347 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Pian and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. L The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev. 6/19/2019 Page 312 of 347 S. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.122, Florida Statutes (F.S.). b. 'faxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of A reement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d, Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: htt s://www.iii foridaefo.com/Division/AA/Manuals/ALiditin&Refereiiee Guide For State Ex enditures. df. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. £ Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h, Annual Appropriation Contin enc . The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.comlDivision/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply, Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i,e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev. 6/19/2019 Page 313 of 347 c. Contractual Costs Subcontractors . Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fi-inge benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition, Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other- legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting Attachment 1 4of11 Rev. 6/19/2019 Page 314 of 347 period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed, The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage pHor to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations a on Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for Attachment 1 5of11 Rev. 6/19/2019 Page 315 of 347 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refimd for services that have been paid for but not rendered. e. Transition of Services Upon 'Termination Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any set -vices after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 271 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title i 1 of the United States Code; ii. The making by Grantee of a general assigmnent for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement, If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice Attachment 1 6of11 Rev, 6/19/2019 Page 316 of 347 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault northe negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or pant of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising fi•om this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Attachment 1 7of11 Rev. 6/19/2019 Page 317 of 347 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act, If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915, 23. Compliance with Federal, State and Local Laws. a, The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8of11 Rev. 6/19/2019 Page 318 of 347 b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: htt ://dos.rm florida.com/fibra-arehivesirecords-imana enient/ eneral-records-seliedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Re uirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit i to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFA §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: htt s:lla s.tldfs.comlfsaa. Attachment 1 9of11 Rev. 6/19/2019 Page 319 of 347 d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e, No Comminding of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. if Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on fi•om the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii, Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perforin all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products Attachment 1 10 of 11 Rev. 6/19/2019 Page 320 of 347 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32, Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in Rill force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification, All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 6/19/2019 Page 321 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. NS062 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Hypoluxo Septic Conversion. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing Invoicing will occur as indicated in Attachment 3. c. Advance Pay, Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category p ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, NIA. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev. 6114119 Page 322 of 347 Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000]300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,0001300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Eirip foyer's Liabili Covera e. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Nolle. Al2)' tG'17115 QG]C]eC] ]7L'1'P Il?2lSl be QlJ1J7'OVL'L] ]7y /]2L Uff ce Of Genercd Course]. Attachment 2 2 of 2 Rev. 6114119 Page 323 of 347 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Hypoluxo Septic Conversion PROJECT LOCATION: The Project will be located at two sites approximately 1000 feet away from Lake Worth Lagoon in the Town of Hypoluxo in Palm Beach County. Site 1 is the Hypoluxo Mall, located on the northern boundary of the Town along Hypoluxo Rd. and US Highway 1, adjacent to the FEC Railway corridor; Lat/Long (26.560507, -80.055354). Site 2 is located along on Miner Road and the railway corridor; Lat/Long (26.571110, -80.054657). See Figure 1 for a location snap. PROJECT BACKGROUND: In 2009, the Town of Hypoluxo (Grantee) received financial assistance from the State of Florida through the Lake Worth Lagoon Initiative to abandon 28 septic systems in a residential area adjacent to the Lake Worth Lagoon. This project will complete the process of sewering the Town, removal of the remaining 18 septic systems, to protect the Lagoon through nutrient pollution reductions, and serve as a success story for small coastal communities located directly on the water. PROJECT DESCRIPTION: The Grantee will abandon approximately 18 septic systems and connect these commercial properties to the municipal wastewater treatment system. The DEP Grant Funds associated with this Agreement were awarded based on local contributions pledged towards the total project costs $345,660 from the Town of Hypoluxo. A summary of these local contributions will be required in the Final Report. Financial supporting documentation of locally pledged contributions shall be provided upon request. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task #1: Connection to Central Sewer Deliverables: The Grantee will connect approximately 18 commercial buildings to a central sanitary sewer system for wastewater treatment by City of Boynton Beach Wastewater facility. Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee, a Iist of addresses and types of the properties connected, and proof of connection for each property, as evidenced by copies of invoices for the connections by a licensed plumber or a utility contractor or building contractor; or a certification by a Licensed Professional Engineer. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than quarterly. Task #2: Final Report Deliverables: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: • Project location and background, project description and timeline, grant award amount and anticipated benefits. DEP Agreement No. NS062, Attachrxrent 3, Page 1 of 3 Page 324 of 347 • Financial surnmary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided, along with other related project work performed outside of this Agreement to identify the overall project cost. • Discussion of project schedule versus actual completion, including changes required to the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. • Summary of activities completed as well as those not completed and why, as well as a brief summary of any additional phases yet to be completed. • Dated color photo documentation of work performed (representative of the entire project), appropriate figures (site location, site plan(s), etc.), appropriate tables summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. Documentation: The Grantee will submit: 1) a copy of the draft Final Report in Word format; and 2) a copy of the Department -approved Final Report, in Word or PDF format. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are provided as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or match documentation following the conclusion of the task. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction Contractual Services $333,660 Upon Execution 07/30/2022 2 Final Report Contractual Services $0 Upon Execution 09/30/2022 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. NS062, Attachment 3, Page 2 of 3 Page 325 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 11 9.07(l), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by Iaw. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e, Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: pub Iic.services (Jcfioridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 I of 1 Rev. 4/2712018 Page 327 of 347 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which naay be referred to as the "Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (Which pray be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. WIIOMN PART 1": FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.efda.gov Attachment 5 1 of 6 BGS -DEP 55-215 revised 712019 Page 328 of 347 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained fi•om other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at littp://www.ieg.state.fl.us/Welcoine/index.cfm, State of Florida's website at http://www.mytlorida.coin , Department of Financial Services' Website at http://www.fdfs.com/and the Auditor General's Website at http://www.myflorida..cotii/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to specify any additional audit requirements imposed by the State mvarding entity that are solely a matter of that State awarding entity'spolicy (i.e., the audit is not required by Federal or State lmvs and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies nray conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. 1n such an event, the State mvarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A, The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of BGS -DEP 55-215 revised 712019 Page 329 of 347 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://Iiai-vester.census.aov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAtidit &dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.eovl) provides instructions for filing an electronic copy of a financial reporting package, Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin IeAudit rnr de .state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 712019 Page 330 of 347 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS -DEP 55-215 revised 712019 Page 331 of 347 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO T141S AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than ate federal program, provide the sante information shown below for each federal progivil Federal Resourccs Awarded to the Reei lent Pursuant to this Agreement Consist of the Follon0n - First Compliance requirement: i.e.: (what services ofpurposes resources must be used for) Federal I Program CFDA A Federal Agency Number CFDA Title Funding Amount State Appropriation Cate o Etc, Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Federal Program CFDA B Federal Agency Number CFDA Title Funding Amount State Appropriation Category Note: Of the resources cnratzled to the recipient represent more than one federal program, list applicable compliance requirements for• eacirfederat program in Federal Program A - First Compliance requirement: i.e.: (what services ofpurposes resources must be used for) Second Compliance requirement: Le.:(cligibifity requirement for recipients of the resources) Etc. Etc, Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment S, Exhibit 1 5 of6 HOS-PU 51.215 R,i.J 72019 Page 332 of 347 Note: f the resoru'ces ini-ai&d to the recipient for matching represent more than one federal program, provide the sauce irrforuration shown below for each ..r .. ...• J-1 r . State Resources Awarded to the Recipient Pursuant to this A reement Consist of thefol lowing &Iateh ing Resources for Federal Pro rflms• Federal Program A Federal Agency CFDA CFDA Title State Appropriation Fundin Amount catepory CSFA Number CSFA Title or Funding Source Description Fundin Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title State Appropriation Fundin Amount ategory 37.039 Statewide Surface Water Restoration and Wastewater Pro-eots 333,560 Mole; f the resources awarded to the recipient represent more than one state project, provide the same information shown belong for each state project and show a —„ s.,.. •nf „ ---4-4 lhry r „ 1,ra.•r m —/;— 71 S 97 WN State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215,97, F.S.: State Program A State Awarding Age c State Fiscal Year CSFA Number CSFA Title or Funding Source Description Fundin Amount State Appropriation Category Original A reeent m Department of2019.2020 Environmental Protection 37.039 Statewide Surface Water Restoration and Wastewater Pro-eots 333,560 088964 State Program R State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation catepury Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEF for federal programs, the requireutents might be similar to the requirements for Bre applicable federal programs. Also, to the extent that dierenl regrrirenrents pertain to diffierent anrountfor the nonfederal resorvves, there era}+be more than one grouping (le, 1, 2, 3, etc) listed under this categcay. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Fede rat Domestic Assistance (CFDA) [www.afda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https //apps.fldfs.coip fsaa,searchCataloa.aspxl, and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [Itttps llayys fldfs.comlfsaa/state proiect comphanee,aspxl. The services/purposes for which the fends are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 1 6of6 ae5-DrP 55.215 Rari" 7a019 Page 333 of 347 EXHIBIT A PROGRESS REPORT FORM DEP Agreement No.: NS062 Project Title: H oluxo Se tic Tank Conversion Grantee Name: Town of Ilypoluxo Grantee Address: Grantee's Grant Manager: Reporting Period F Choose an item. Choose an item. Provide the followine information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks. The following format should be followed: Task #: Task Title • Progress for this reporting period: • Identify any delays or problems encountered: Task #: Task Title • Progress for this reporting period: • Identify any delays or problems encountered: Indicate the completion status for the following tasks if included in the Grant Work Plan): • Design(,(,Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ • Permitting (Completed): Yes ❑, No ❑ • Construction Estimated : % This report is submitted in accordance with the reporting requirements of the above DEF Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Exhibit A, Page I of I Rev. 10/15/19 Date Page 334 of 347 Exhibit C The Payment Request Summary Form for this grant can be found on our website at this link: htt s:/Ifloridad,-ov/wi-a/wi-a/docurnents/ a trient-re uest-stunmar -form Please use the most current form found on the website, linked above, for each payment request. Page 335 of 347 13.A. Future Agenda Items 8/2/2022 Requested Action by Commission: Discussion on options for expenditure of CDBG Funds -August 16, 2022 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 336 of 347 13. B. Future Agenda Items 8/2/2022 Requested Action by Commission: Discussion on Commission consensus on top 3 candidates for City Manager. Each City Commissioner to prepare list of their top 5 candidates for the discussion. - August 16, 2022 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 337 of 347 13.C. Future Agenda Items 8/2/2022 Requested Action by Commission: Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 338 of 347 13. D. Future Agenda Items 8/2/2022 Requested Action by Commission: Discussion on the Red Light Camera Program requested by Commissioner Turkin. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 339 of 347 13. E. Future Agenda Items 8/2/2022 Requested Action by Commission: Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 340 of 347 13. F. Future Agenda Items 8/2/2022 Requested Action by Commission: Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga.-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 341 of 347 13. G. Future Agenda Items 8/2/2022 Requested Action by Commission: Discuss a potential park in Leisureville, requested by Vice Mayor Cruz. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 342 of 347 13. H. Future Agenda Items 8/2/2022 Requested Action by Commission: Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga.- 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 343 of 347 13.1. Future Agenda Items 8/2/2022 Requested Action by Commission: Report on the status of infrastructure within the City, requested by Mayor Penserga.-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 344 of 347 13.J. Future Agenda Items 8/2/2022 Requested Action by Commission: Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz. -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 345 of 347 13. K. Future Agenda Items 8/2/2022 Requested Action by Commission: Additional homestead for low income seniors, requested by Mayor Penserga. 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 346 of 347 131. Future Agenda Items 8/2/2022 Requested Action by Commission: Discussion on Advisory Boards providing an annual report to the City Commission, requested by Commissioner Kelley. - 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 347 of 347