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Agenda 07-03-18
The City of wr Boynton Beach y City Commission Agenda Tuesday, July 3, 2018, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission - REVISED Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District III) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boy nton-beach.org Page 1 of 1037 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 1037 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation - Rabbi Sholom Ciment of Chabad Lubavitch of Greater Boynton Beach Pledge of Allegiance to the Flag led by Commissioner Casello. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announce Budget Workshop dates and times: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 P.M. Tuesday, J my 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. B. Announcement that the Library will close on Thursday, July 12 at 8:30pm to prepare for the move to temporary location at 115 N. Federal Highway. The library is scheduled to re-open on Monday, August 13 at 9:00am by Colin Groff. C. Announce the upcoming period of free chlorination of our water distribution system Joe Paterniti, Interim Utility Director. D. Proclaim July as National Parks & Recreation Month. It is a great time to enjoy many of the popular activities organized by the Recreation & Parks Department. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments &Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Historic Resource Preservation Bd: 1 Reg Planning & Development Bd: 1 Reg Police Pension Trust Fund Bd: 1 Reg Senior Advisory Board: 2 Alts 6. CONSENTAGENDA Page 3 of 1037 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-083- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R18-084- Approve the revised and updated fee schedule for services provided by the Fire and Life Safety section of the Fire Department as outlined in attached document. C. PROPOSED RESOLUTION NO. R18-085- Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Mercury Associates, Inc. of Rockville, MD for RFP No. 017-2510-18/IT for Comprehensive Analysis - Fleet Operations in the amount of$42,280. D. PROPOSED RESOLUTION NO. R18-086- Authorize the City Manager to apply for and execute agreements and documents associated with the Kompan Let's Play Grant on behalf of the City for a grant amount of up to $50,000. E. PROPOSED RESOLUTION NO. R18-087- Approve utilizing the City of Ft Lauderdale's agreement with Advanced Data Solutions Inc. of Oldsmar FL, for Scanning, Indexing, Imaging and Media Conversion Services for an estimated at a cost of $57,652. The City of Ft. Lauderdale's procurement process satisfies the City's competitive bid requirements. F. PROPOSED RESOLUTION NO. R18-088- Approving and authorizing the City Manager to sign an Agreement with Williams Scotsman, Inc., utilizing the National IPA Contract #R160101 with Williams Scotsman, Inc. of West Palm Beach, FL for rental of 60 x24 and 60 x 48 modular trailer in the amount of $82,263.25 for the temporary library site located at 115 North Federal Highway. The City's procurement policies allows the use of National IPA contracts. G. PROPOSED RESOLUTION NO. R18-089 - Authorize the Mayor to sign a lease agreement with the Boynton Beach Community Redevelopment Agency for the City to lease the property at 115 N. Federal Highway, Boynton Beach, FL 33435. H. PROPOSED RESOLUTION NO. R18-090 - Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with PFM Financial Advisors, LLC of Orlando, FL for RFP No. 003-1410-18/IT for Financial Advisory Services. The Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City. The City may renew the contract with the same terms and conditions for two (2) additional, two (2) year periods subject to vendor acceptance, satisfactory periofromance and determintion that the renewal will be in the City's best interest. I. Authorize the purchase and installation of office furniture, workstations, operator sliding and conference chairs from Empire Office, Inc. utilizing the State of Florida Contract #425-001-12-1 for an estimated amount of $31,375.84 for the Utilities department. The City's purchasing policies allows the use of State of Florida Contracts. J. Approve the purchase of fifty-nine (59) workstations that are a year old for a cost of $50,150.00 from JC White. K. Approve the minutes from City Commission meeting held on June 19, 2018. The Public Budget Input minutes from May 29, 2018 are attached for informational purposes. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-091 - Authorize the City Manager to sign a contract with I nsituform Technologies, LLC as the lowest pre-qualified bidder as determined by review of bids submitted on May 21, 2018, resulting from the responses to the Request for Bids for Cured- in-Place Pipe Lining, (Bid No. ITB 02-CIPP-18/TP) in the amount of $794,652.50 for the project in Palm Beach Leisureville based on unit costs provided by Insituform Technologies, LLC. in their Page 4 of 1037 respective bid. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-010 - SECOND READING - Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. B. PROPOSED ORDINANCE NO. 18-011 - SECOND READING - Approve Wawa Future Land Use Map Amendment(LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC). Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Per applicant's request second reading will be heard on July 17, 2018). PROPOSED ORDINANCE NO. 18-012 - SECOND READING - Approve Wawa Rezoning (LUAR 18-001) from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLR(Per applicant's request second reading will be heard on July 17, 2018). C. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump islands, and related site improvements, on property proposed to be rezoned to the C-3, Community Commercial zoning district . Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. (Tabled to July 17, 2018 to be heard in conjunction with Ordinances 18- 011 and 18-012) D. PROPOSED ORDINANCE NO. 18-013 - SECOND READING - Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. (Tabled to July 17, 2018). 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS - None 12. LEGAL A. PROPOSED ORDINANCE NO. 18-014 - SECOND READING - Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. B. PROPOSED ORDINANCE NO. 18-015 - SECOND READING - Approve Ordinance amending Part 11. "Code of Ordinances," Chapter 2, "Administration," By creating a new Article XIX, entitled "Requirements for City of Boynton Beach's Docked Bike Share Systems"; providing for definitions, codification, conflicts, severability, and an effective date C. PROPOSED ORDINANCE NO 18-016 - SECOND READING -Approve Amateur Radio &TV Page 5 of 1037 Antennas (CDRV18-001) amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City-initiated. (Tabled to July 17, 018) D. PROPOSED ORDINANCE NO 18-017 - SECOND READING -Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates W CF within public rights-of- way. City-initiated. (Second reading will be heard on July 17, 2018) 13. FUTURE AGENDA ITEMS A. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-W ide program- July 2018 B. Approve amendments to the Land Development Regulations Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) removing the "pilot program" status for this use titled Landscape Debris Stockpiling. City-initiated. - July 17, 2018 C. Discuss possibility of trolley service within the City - July 17, 2018. D. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park F. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD G. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to I-95. - TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 1037 1.A. OPENING ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Rabbi Sholom Ciment of Chabad Lubavitch of Greater Boynton Beach Pledge of Allegiance to the Flag led by Commissioner Casello. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 7 of 1037 2.A. OTHER 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8 of 1037 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Announce Budget Workshop dates and times: Budget Workshops at Intracoastal Park Clubhouse; Monday, J my 16, 2018 @ 5:00 P.M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. EXPLANATION OF REQUEST: Our FY 2018/2019 Budget process is underway. Budget Workshops are scheduled to be held July 16-18, 2018 at the Intracoastal Park Clubhouse. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. The following workshops have been scheduled: Budget Workshops: Monday, July 16, 2018: 5:00 p.m. Tuesday, July 17, 2018: 10:00 a.m. Wednesday, July 18, 2018: 2:00 p.m. As a reminder, Tuesday, July 17, 2018 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 9 of 1037 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 10 of 1037 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Announcement that the Library will close on Thursday, July 12 at 8:30pm to prepare for the move to temporary location at 115 N. Federal Highway. The library is scheduled to re-open on Monday, August 13 at 9:00am by Colin Groff. EXPLANATION OF REQUEST: The drop box will remain at its existing location at the current Library until further notice. The borrowing period for all library materials has been extended to Monday, August 20. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 11 of 1037 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Announce the upcoming period of free chlorination of our water distribution system Joe Paterniti, Interim Utility Director. EXPLANATION OF REQUEST: The Utility will be conducting their annual period of free chlorination from Monday July 30th until Friday August 17, 2018. The following groups should be aware of this change, users of home dialysis machines, owners of tropical fish aquaria and managers of stores and restaurants with holding tanks for fish and shellfish. You should seek professional advice in those cases. This is a routine procedure and there are no issues with you water supply. If you need further information call our Water Quality Division at 561 742-6494 during weekday working hours. There will be further announcements in the press and on social media. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This is a temporary change to ensure continued high quality drinking water supplies to our customers. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 12 of 1037 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Proclaim July as National Parks& Recreation Month. It is a great time to enjoy many of the popular activities organized by the Recreation & Parks Department. EXPLANATION OF REQUEST: By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proclamation will help promote Parks & Recreation in our community. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Do not proclaim July as Parks& Recreation Month. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 13 of 1037 WW-*nqeo� Aammoe Proclamation WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the City of Boynton Beach and our parks and recreation are vitally important to establishing and maintaining our quality of life, ensuring the health of all citizens, and contributing to the economic and environmental well-being of the City of Boynton Beach;and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled,and also improve the mental and emotional health of all citizens;and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses,and crime reduction;and WHEREAS, parks and recreation areas are fundamental to the environmental well-being of the City and parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife;and WHEREAS,our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors and the City of Boynton Beach recognizes the benefits derived from parks and recreation resources. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of July,Two Thousand Eighteen as: PARKS AND RECREATION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 3rd day of July, Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments&Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Historic Resource Preservation Bd: 1 Reg Planning & Development Bd: 1 Reg Police Pension Trust Fund Bd: 1 Reg Senior Advisory Board: 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 1037 ATTACHMENTS: Type Description D Addendum Appointments D Other Black Application D Other Bonnell Application D Other De\Ain Application D Other Finkle Application D Other Dropper Application D Letter Dropper Email D Other Homes Application D Other odray application Page 16 of 1037 APPOINTMENTS AND APPLICANTS FOR JULY 3, 2018 Arts Commission Mayor Grant Alt 2 yr term to 12/19 Tabled (2) 1 Katz Alt 2 yr term to 12/19 Tabled (2) Applicants None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/19 Tabled (3) Mayor Grant Alt 2 yr term to 12/19 Tabled (2) 1 Katz Reg 3 yr term to 12/18 Tabled (2) IV Casello Reg 2 yr term to 12/19 Tabled (3) Applicants Andrew Podray Employee Pension Board Mayor Grant Reg 4 yr term to 12/20 Tabled (3) Applicants Kevin Homes Historic Resource Preservation Board III Romelus Reg 2 yr term to 12/19 Tabled (3)) Applicants Linda Finkle Planning and Development Board I Katz Reg 2 yr.term to 12/19 Applicants Malcolm Gropper—Current Alternate Kalina Bonnell Thomas Devlin Police Pension Board 4 yr term to 12/18 Applicants Page 17 of 1037 I Senior Advisory Board II McCray Alt 2 yr term to 12/19 Tabled (3) III Romelus Alt 2 yr term to 12/19 Tabled(3) Applicants Alison Black Page 18 of 1037 S)M,2 Ellis, Shi From: alisonfblack <noreply@123formbuilder.io> Sent: Tuesday, June 19, 2018 7:50 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: ALISON_BLACK_-_Professional_Case_Manager,.docx Today's date 06/19/2018 Name Alison Black Gender Female Phone number 561-715-4061 Address 6 Bethesda Park Circle %i Boynton Beach F133435 United States CO -' C-- -«_ Email alisonfblack@aol.com r` '- c3a Current occupation or, if Social Worker = : retired, prior CO 9? 711 rn occupation n, m� Education B.A.E x Are you a yes registered voter? Do you reside within the yes Boynton Beach City limits? Do you own/manage a No business within City limits? l If"yes",name of business: �,, �✓ Are you currently \� serving on a City No board? Have you served on a City board in No the past? If"yes",which board(s) and when? i Page 19 of 1037 Have you ever been convicted of No a crime? If"yes",when and where? Advisory Board Senior Advisory Board Personal I have been working with seniors in the community for over 15 years. I feel that my Qualifications knowledge, skills and experience would be beneficial. Professional Memberships Feel free to attach/upload an www.123fon-nbuilder.com/]Ipload dld.php?fileld=5cl8l36bdbee4c9d92bl5fed429beld5 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.204.41.138(United States)at 2018-06-19 18:49:51 on Edge 17.17134 Entry ID:277 Referrer:www.boVnton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 20 of 1037 Page 1 of 2 ALISON BLACK Boynton Beach, FI. 33435 Phone: 561-715-4061 Email: AlisonfblacWaol.com Professional Case Manager, offering 10+ years'experience in the social service industry specializing in assessments, eligibility, document management, data management, case management and team collaboration providing superior client services. ABILITY SUMMARY • Effective Communicator ■ Attention to detail @ Working knowledge of • Build Strong customer ■ High Achiever Microsoft -Word, Excel relationships ■ Effective Multitasker and Outlook • Team Collaboration and ■ Efficient Organizational • Compliant to Local, Support Skills Federal and State • Conflict Resolution Regulations PROFESSIONAL EXPERIENCE Southern Property Management, West Palm Beach, FL 2010 - 2017 Service Coordinator ■ Develop, plan, promote and implement strategies to enhance services to residents. ■ Complied with federal regulations according to Housing and Urban Development (HUD). ■ Scheduled educational programs which build the community and support independent living of residents. ■ Assessed the needs of resident services and determined eligibility for public services. ■ Provided general case management including intake and referral services to residents requesting assistance. Joseph L. Morse Geriatric Center, West Palm Beach, FL 2008 - 2010 Social Worker ■ Interviewed and assessed new admissions for psychosocial needs, coping mechanisms, family dynamics, strengths and risk factors to promote individualized plans of care to meet their needs in a skilled setting. ■ Referred patients to community agencies when applicable during the application process and/or discharge planning. • Participated in creating the plan of care and follow through, assessing for changes in resident status informing the interdisciplinary team and family of changes that may occur; advocating on families behalf. ■ Collaborated with physicians and other health care personnel in resident evaluation and treatment to further understanding of significant social and emotional factors underlying residents' health and ability to cope and respond to the situation. Alzheimer's Community Care, West Palm Beach, FL 2006 - 2008 Case Manager • Administered social work skills that contribute to the emotional well-being and accessibility of supportive services for families, caregivers or patients of Alzheimer's disease and/or other conditions resulting from dementia. Page 21 of 1037 Page 2 of 2 ALISON BLACK Phone: 561-715-4061 Email: Alisonfblack@aol.com ■ Assessed Alzheimer's Patients, caregivers, family members or relatives regarding emotional and physical health needs and existing or potential hazards due to the disease; provides guidance, including emotional support for families and other supportive systems; and consult with, refers families to and follows up with appropriate resources. • Interacted with patients physicians or other community agencies to reduce hazards, gives, arranges for, teaches and/or supports the care of Alzheimer's Patients and caregivers in a crisis situation, participates in outreach, networking and education in the community to increase awareness of Alzheimer's Community Care and its dementia specific services. Department of Children and Families, West Palm Beach, FL 2002 - 2006 Adult Protective Investigator • Protected elderly person or disabled adults and worked with families to conduct investigations of alleged abuse, neglect or exploited elderly or disabled adults. • Made immediate contact with families to determine immediate risk to elderly or disabled adults. • Maintained knowledge of family-centered interviewing and investigative techniques, writing accurate investigative reports. • Petition the court for guardianship and attended court hearings and performed on call duties as needed. Department of Children and Families, Delray Beach, FL 1996 - 2002 Family Services Counselor • Provided Crisis intervention, in-home supervision, counseling and case management to families. • Managed and supervised a caseload of culturally diverse families at risk for abuse, neglect and abandonment • Interviewed and assessed at risk children for potential placement. • Formulated and assessed case planning to assist children and families to increase level of functioning. • Implemented a plan of care in the community and made appropriate referrals for services to the families. • Prepare and make recommendations to the court. EDUCATION Bachelor's Degree — Elementary Education, Florida Atlantic University, Boca Raton, FL Page 22 of 1037 lli , Shia la From: kalib <noreply@123formbuilder.io> Sent: Tuesday, March 27, 2018 4:37 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/27/2018 Name Kalina Bonnell Gender Female Phone number 404-290-6792 Address 3504 SE 2nd St Boynton Beach FL 33435 United States Email kalib@dpr.com Current occupation or,if project Manager, Commercial Healthcare Construction retired, prior occupation Education Bachelors Degree, Auburn University Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? NO If "yes",name of business: Are you currently serving - on a City board? No ; Have you served on a City cp board in the past? ' ° If",yes",which board(s) and when? Have you ever been ,4 NOrV convicted of a crime? "��" '' If yes",when and where? l Advisory Board Planning&Development Board Personal Qualifications 10 years experience in Commercial Construction, Design-Build Commercial Construction, and Master Plan Development for long term Healthcare Clients. My current role within the Construction Industry is related to healthcare construction, project management, strategic planning, permitting, and budgetary control. I focus on big picture long tern goals and fill in strategic deeper dive planning on specific projects. My innate planning skillsets with 1 Page 23 of 1037 Construction background make me an excellent candidate for the Planning& Development Board of Boynton Beach. I've lived in Boynton Beach for four years. I am passionate about positive development of Boynton Beach. Professional Memberships LEED BD&C, ABC (Construction), Women in Construction Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein 'i 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 96.75.75.254(United States)at 2018-03-27 15:37:12 on Internet Explorer 11.0 Entry ID:263 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 24 of 1037 Ellis, Shazia From: doctordevlin <no reply@ 123form bu ilder.io> Sent: Monday,April 23, 2018 12:38 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 64/23/2018 Name Thomas Devlin Gender Male Phone number 561-733-7926 Address 2840 Se I st Ct 00 Boynton Beach FL, 33435 United States M> Email doctordevlin@bellsouth.net Current occupation or, if Architect, IBM retired, prior occupation Education Masters Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No 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? Ib Advisory Board Planning & Development Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. Page 25 of 1037 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 104.5.88.121(United States)at 2018-04-23 11:38:22 on Whone 11.0 Entry ID:265 Form Host:www,123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 26 of 1037 Ellis, Shayla From: LWF518 <noreply@123formbuilder.io> Sent: Thursday, June 21, 2018 10:45 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 06/21/2018 Name Linda Finkle Gender Female Phone number 518-857-4829 Address 6837 Castlemaine Avenue Boynton Beach FL 33437 United States Email LWF518@w-nail.coin Current occupation or, if Development Officer retired, prior occupation Education MBA-Marketing, BA-major in English, minor in History Are you a registered voter? Yes Do you reside within the yes Boynton Beach City limits? Do you own/manage a No business within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been convicted of a crime? No If"yes",when and where? Advisory Board Historic Resources Preservation Board Personal Qualifications I have always had a great interest in history and archaeology, and care deeply about historical preservation. I recently joined the Delray Beach Historical Society, have taken many college courses in history and archaeology, and have traveled to and learned about many cities in this country. Understanding, preserving, and thinking creatively about an area's historical buildings and sites is an important responsibility, and should play a critical role in any future a. Page 27 of 1037 planning, I would take this role eery seriously, knowing that the precious past can easily be destroyed if great thought and care are not part of the process at every step. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification I, the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.1.194.13 (United States)at 2018-06-2121:44:46 on Chrome 49.0.2623.112 Entry ID:280 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 28 of 1037 Ellis, Shayla From: MalGropper <noreply@123contactform.io> Sent: Friday, November 17, 2017 5:32 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/14/2017 Name Malcolm Gropper Gender Male Phone number 561-654-8583 Address 44 Island Dr Boynton Beach F133436 United States Email MalGropper@gmail.com Current occupation or,if Retired retired, prior occupation Education BS - Accounting, Wilkes College, 1964 Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? - If"yes",name of business: ' Are you currently serving No r on a City board' w Have you served on a City No board in the past? If"yes",which board(s) and when? -1J rn .. Have you ever been No convicted of a crime? If"yes", when and where? Advisory Board Planning& Development Board Personal Qualifications 1) I developed and/or built Planned Unit Developments over a 30 year career in Florida,New York,New Jersey, and Illinois. The communities ranged in size from 400 - 8,000 dwelling units. 2) I either directly handled or managed the zoning/planning approval process including site design, application and presentation of the site plan approval application in multiple jurisdictions. i Page 29 of 1037 3) Elected as a "Town Councilman" in Holmdel Township, Monmouth County,New Jersey. Approximately from 1988-1992. 4) I was an "Adjunct Professor of Real Estate/Executive in Residence" at Florida Atlantic University from 2000-2008 Professional Memberships Previously a member of: -Urban Land Institute -New Jersey HomeBuilders Association -Gold Coast HomeBuilders Association -Florida HomeBuilders Association -National Association of HomeBuilders -New York State Society of Certified Public Accountants -American Institute of Certified Public Accountants Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 66.176.128.56(United States)at 2017-11-17 17:32:00 on Firefox 56.0 Entry ID:242 Referrer:www.boVnton-beach.org/officials/advisory boards.php Form Host:www.123contactform.com/form-583214/Advisory-Board-Appointment-Application 2 Page 30 of 1037 Pyle, Judith From: Malcolm Gropper <malgropper@gmail.com> Sent: Wednesday,June 27, 2018 10:55 AM To: Pyle, Judith Subject: Planning and Development Board I am presently an alternate to the Planning and Development Board. I understand that there is, or shortly will be, a vacancy on the Board. I would like to apply for a regular position on the Planning and Development Board. I believe all my credentials were attached to my application for an Alternate to the Planning Development Board, Please do let me know if I should submit a new application of if this e-mail is sufficient. I thank you. Malcolm Gropper "Failing to plan is a plan for Failure" Page 31 of 1037 , Judith From: Kevin <noreply@123formbuilder.io> Sent: Tuesday,June 19, 2018 12:35 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 06/19/2018 Name Kevin Homer Gender Male Phone number 561-305-1976 Address 2505 Lake Drive North Boynton Beach FL 33435 United States Email Kevin@homerinsured.com Current occupation or, if retired, prior Insurance benefits consultant occupation Education Bachelor's Degree Are you a registered Yes OT fl voter? 1't Do you reside within 4" the Boynton Beach Yes City limits? Do you own/manage a business within City Yes limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes",which board(s) and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Employee Pension Board i Page 32 of 1037 Personal My personal qualifications began at age 16 when I opened a Roth IRA, and funded it Qualifications with summer job income and still use the same investment formula as I did way back then. (75%U.S. Index. The remaining 25% into 1/3 emerging markets, 1/3 Europe, 1/3 Pacific indexes. While I am a financial insurance specialist, there is plenty of cross over in helping people manage their 401 k money for which I am also licensed. I have served on the Code Enforcement Board in Delray Beach for 5 1/2 years. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.245.216.182 (United States) at 2018-06-19 11:34:59 on Edge 17.1',134 Entry ID: 275 Form Host:www.123formbuiIder com/form-583214/Advisory-Board-Appointment-Application 2 Page 33 of 1037 I r� Ellis, Shaxla From: pod4270 <noreply@123formbuilder.io> Sent: Friday,June 08, 2018 12:43 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: resumeltsretailoffice.docx Today's date 06/08/2018 Name Andrew Podray Gender Male Phone number 561-523-5140 Address 800 NORTH RD BOYNTON BEACH FL 33435-3238 United States Email pod4270@aol.comOu Current C— C— occupation - o tired,pr or, if Pressident, American Housing Enterprises C' ' retired,prior CIO occupation � -- occupation Education Bachelors Degree, FAU N Are you a M v registered voter? Yes Do you reside within the Boynton Yes Beach City limits? Do you own/manage a Yes business within City limits? If"yes", name of Casa Costa Commercial business: Are you currently serving on a City No board? Have you served on a City board in Yes the past? If"yes",which I have served on the Building Board of Adjustments and Appeals and the Planning and board(s) and ZoningBoard. when? i Page 34 of 1037 Have you ever been convicted of a No crime? If"yes",when and where? Advisory Board Building Board of Adjustment &Appeals Personal I have been a real estate developer/ Landlord for twenty years. Currently I own 318 Qualifications residential apartment units and more then 1.2M sq of retail /office/industrial real estate. I have built several projects from the ground up,however 90%of what I do is restore buildings with poor designs, deferred maintenance and other problems. Professional None. Memberships Feel free to attach/upload an www.123forynbuilder.com/upload dld.php?fileid=Of8f3b953b440c9c39cOe0286fl6c7c6 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 73.204.170.13 (United States)at 2018-06-08 11:42:52 on Edge 17.17134 Entry ID:274 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 35 of 1037 Andrew V. Podray 800 North Road Boynton Beach, Florida 33435 Office: (561) 523-5140 Statement of General Qualifications American Housing Enterprises November 1997-Present President and C.E.O. Boynton Beach, Florida During my twenty plus years owning, managing, and developing multi-family, office and retail real estate, I have successfully owned, operated and/or developed 1238 apartment units, 167,000 square feet of office and over 1,220,000 square feet of retail at twenty nine different locations throughout Florida. Most of the buildings I am affiliated with were purchased in a "Distressed Condition" and had to be renovated/streamlined to become profitable. These distressed properties exhibited a variety of problems including: Low Occupancy, High Expenses, Below Market Rents, Physical/Structural Issues, Improper Staffing, and High Crime. Today, I own and manage 318 apartment units, 74,200 square feet of office and 1,121,000 square feet of retail property throughout the state of Florida. I actively manage/supervise all phases of: Collections, Leasing, Appraisal/Value Evaluation Procurement and Interpretation, Financial Tax Preparation, Accounting, Evictions, Purchasing and Selling, Maintaining Community Relations, Advertising, Insurance Matters, Budget Adherence, Staffing, Payroll, and other similar functions related to the overall ownership, development and management of rental/office/retail property units. Returns Supervisor(During College) September 1996-October 1997 AUDIO AMERICA WEST PALM BEACH, FLORIDA I dealt exclusively with customer credit accounts, merchandise returns and customer relations. I filed paperwork including invoices, orders, requests for credit, and minor budgeting paperwork. Additionally, I facilitated customers' orders and returns in conjunction with my supervisors and warehouse staff. EDUCATION Bachelors in Business/Financial Administration Graduated 1997 FLORIDA ATLANTIC UNIVERSITY BOCA RATON, FLORIDA Graduating GPA(3.88) Graduated with honors at the age of eighteen. ➢ Accepted into college on the early admissions program. ➢ A recipient of the Florida Presidential Scholarship. ➢ A member of the Business Honors Society. Page 36 of 1037 6.A. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-083-Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City- contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of$30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 37 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Nuisance Abatement D Exhibit EXHIBITA Page 38 of 1037 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, 13 remove vegetation and board up structures on the properties, described in Exhibit"A"; and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department in an effort to recoup these costs with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent 21 letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien 22 on their property; and 23 24 WHEREAS, the City Manager or her authorized representative has made a report of 25 costs actually incurred by the City and abatement of said nuisance as to the property(s) 26 involved, which is described in Exhibit"A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be furnished 29 with a copy of this Resolution, and given one more opportunity to remit all costs associated 30 with the abatement in full within 30 days of the passage of the Resolution, before transmittal 31 to the County for recordation of Liens; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 Section 1: Each Whereas clause set forth above is true and correct and 38 incorporated herein by this reference. 39 40 Section 2: The amount of costs incurred by the City and the abatement of the 41 above-described nuisance as to the parcels of land, owned and indicated to wit: 42 43 44 SEE ATTACHED EXHIBIT "A" 45 46 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\4C7E662E-14E6-47F2-8403-78AF043C1633\Boynton Beach.11094.1.Nuisance Abatement for 070318 - Reso.doc Page 39 of 1037 47 Subject amount is hereby assessed as liens against said parcels of land as 48 indicated, plus an additional administrative charge of $30.00 for each Lien. 49 Liens shall be of equal dignity with the taxes there from for the year 2018, and 50 shall be enforced and collected in like manner pursuant to applicable 51 provisions of law. In the event collection proceedings are necessary, the 52 property owner shall pay all costs of the proceedings, including reasonable 53 attorneys fees. 54 55 Section 3. This Resolution shall become effective immediately upon passage. 56 57 58 PASSED AND ADOPTED this day of , 2018. 59 CITY OF BOYNTON BEACH, FLORIDA 60 61 YES NO 62 63 Mayor— Steven B. Grant 64 65 Vice Mayor— Christina L. Romelus 66 67 Commissioner—Mack McCray 68 69 Commissioner—Justin Katz 70 71 Commissioner—Joe Casello 72 73 74 VOTE 75 ATTEST: 76 77 78 Judith A. Pyle, CMC 79 City Clerk 80 81 82 (City Seal) 83 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\4C7E662E-14E6-47F2-8403-78AF043C1633\Boynton Beach.11094.1.Nuisance Abatement for 070318 - Reso.doc Page 40 of 1037 0 0 0 0 0 0 L CY) 00 n _ rn rnrn rn rn rn 0 0 0 0 0 0 m urn 00 00 00 00 00 �? rn rl � 0 � M y.... V} V} V} V} V}V} 5 L!1 M N Il CP 00 > M ci Ol O O O r O rT O 00 00 4 O O O O -1 Ln Ln -i O O O M M O 'i N O 00 O O M O O O O O O Il rT O rT 'ZT N 0) ci ci ci ci ci l71 LL M N N N N O Ln Ln Ln Ln Ln Ln 00 00 00 00 00 00 O O O O 00 ci rT Ol O Ol ci 1# rT N c-I M In 00 Q0 r4 -i ci M M ci ci ci N N N n n n n n n ci ci ci ci ci ci a Lnt`aL^l M Ln M M M M O J M M M X # rn Q0 W M J W M M W M U a _ ro ai u L tri�3�i W LL o U U 76 t m (B aj 6 aC, o m a, r O — B \ a O o o �31 or 5 O (10 J U a � O m CO W 0 J O ��",. O O v LNl1 N .,..L`.� N L �+ O N -i 00 ' U r-+ 00 ci ci O L ci N Zu X Z � v x Ln Cl) �, O Z O O — Ln O m pp O C -: Q0 Ln Ili 0 O K ci lL lL N L!1 Q lL ti '`dTi U J N s O O { N O � Y N S a1 U W > <1 I Y .' (B a) 1 r i Y O aJ -O O LL t � Q ro C Y (a T � L ca J U Co � 0 6.B. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-084- Approve the revised and updated fee schedule for services provided by the Fire and Life Safety section of the Fire Department as outlined in attached document. EXPLANATION OF REQUEST: The last comprehensive review and update of this fee schedule by the Fire and Life Safety Division was completed in 1998. The goal of this revision is to update our fees to the current economic market and to make them congruent with fees of other municipalities in Palm Beach County. The proposed schedule was developed after a comprehensive review and comparison of fee schedules among cities in eastern Palm Beach County. We have attempted to propose fee rate that are in the middle- range of the fee schedules that we reviewed. These fees will not be implemented until July 17, 2018 when the Fire Prevention Ordinance takes effect. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The will be no change in services or programs provided the Fire and Life Safety Division. FISCAL IMPACT: Budgeted Updating the fee schedule not only brings the city inline with other municipalities, but support the rising personnel cost of providing the service to this community. ALTERNATIVES: If the fees are not revised and updated, the residents will continue to subsidize the personnel costs associated with the delivery of this service to the business community. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 42 of 1037 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approvinge Fire and Life Safety Amended Fee Schedule D Attachment Current Fee Schedule D Addendum Proposed Fee Schedule Page 43 of 1037 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA ADOPTING A REVISED FIRE AND LIFE SAFETY 6 FEE SCHEDULE AND PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS,the Fire and Life Safety Division has not increased the fees associated with 9 services provided since 2008; and 10 WHEREAS, the increase in fees will enable the City to be in line with the current 11 economic market and will help support the rising cost of personnel required to complete the 12 work; and 13 WHEREAS,the City Commission finds the fees as established herein to be necessary to 14 fully fund for efficient administrative functions of City staff. 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH,FLORIDA THAT: 17 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 18 confirmed as being true and correct and or hereby incorporated herein. 19 SECTION 2. The City Commission adopts and directs the implementation of 20 the fee schedule attached as Exhibit"A". 21 SECTION 3. This Resolution and the adjusted fees described herein shall 22 become effective after the second reading of the cover ordinance which shall take place on July 23 17, 2018. 24 1 Page 44 of 1037 25 PASSED AND ADOPTED this day of , 2018. 26 CITY OF BOYNTON BEACH, FLORIDA 27 28 YES NO 29 30 Mayor— Steven B. Grant 31 32 Vice Mayor—Christina L. Romelus 33 34 Commissioner—Mack McCray 35 36 Commissioner—Justin Katz 37 38 Commissioner—Joe Casello 39 40 41 VOTE 42 43 ATTEST: 44 45 46 47 Judith A. Pyle, CMC 48 City Clerk 49 50 51 52 (Corporate Seal) 2 Page 45 of 1037 ARTICLE 11. FIRE CODES AND FEES Pagel of3 Rrjn]t Boynton Beach, FL Code of Ordinances See. 9-22. Fire inspection fees. (a) A fee in the amount of$.060 per square foot shall be levied on all new construction, alterations, or additions in the city. This fee shall encompass plan review and necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The City Manager is authorized to waive the fee for all city buildings and events. (b) The following permit fees for fire protection systems are required: (1) Fire detection and annunciation systems: a. Less than 5,000 sq. ft. $35; b. Greater than 5,000 sq. ft. $50, plus $10 for each 1,000 additional square feet over 5,000. (2) Fixed fire suppression systems $35 per hour, $35 minimum. (3) Hazardous, flammable Or explosive materials: $35. (4) The plan review fee shall be four(4) times that specified in this table, should commence prior to the fire plan review and approval as required by the Fire Marshal. (5) Change of plans: $35. (6) The following inspection fees are required: reinspection fee, due to violation, incompletion, lack of accessibility, or deviation from approved plan. Following the initial inspection, one (1) reinspection for compliance will be included in the original fee. If additional reinspections are necessary due to the above criteria, reinspection fees will be required. a. Second reinspection due to violation: $50. b. Second reinspection due to incompletion, lack of accessibility, or deviation from approved plan: $100. c, Third and subsequent reinspection(s): $150. (c) Annual inspection fees. There is hereby established a fee structure for annual fire and safety inspection activity conducted by the Fire and Life Safety Division for commercial enterprises and multi- family dwellings. The owner of each industrial property, commercial property, industrial enterprise, commercial enterprise, business, or multi-family dwelling operating from a location within the city shall be responsible to insure that the annual fire and safety inspection fee as set forth below is paid in a timely manner: (1) Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places. a. First 1,000 sq. feet: $50. Page 46 of 1037 acne 17/1`p/'7'()l,7 ARTICLE 11. FIRE CODES AND FEES Page 2 of 3 b. Each additional 1,000 sq. feet: $8.00. c. Tents, canopies and temporary structures: $35. d. Churches up to 10,000 square feet: $45. e. Churches over 10,000 square feet: $45 plus $8 for each additional 1,000 square feet over 10,000. (2) Multifamily building (includes hotels, apartments, cooperatives, condominiums, and boarding houses renting furnished or unfurnished rooms or apartments). a. Three to 24 units: $50. b. Twenty-five to 38 units: $75. c. Thirty-nine units to 100 units: $100. d. Each unit over 100 is $10 additional. (3) Restaurants, cafes and public eating places: a. Seating capacity up to 15: $35. b. Seating capacity from 16 to 50, $50. c. Seating capacity from 51 to 100: $100. d. Seating capacity over 100: $200. (4) Educational: a. Nursery day care: $35. b. All others: $75. (5) All others not classified above: $50. (6) Businesses or professional individuals sharing one office suite or bay shall be charged only one fire inspection fee. (7) The fees established in division (c), (d), and (e) shall accrue annually. (d) In the event the annual fire and safety inspection fee is not paid, the city may enforce the non-compliance with this, section by sending a notice of violation to the industrial property owner, commercial property owner, business owner, or owner of the multi-family residential dwelling, and then proceeding to the Code Compliance Board due to the responsible parties failure to pay the annual fire and safety inspection fee. (e) Water/hydrant flow test: $300. (f) Facilities requiring more than one (1) inspection per year, excluding reinspections, shall be charged 50% of the original fee but not less than $35. (g) Nothing in this section shall be applied to governmental entities. Page 47 of 1037 h1=tn-//1;6r,Ar-%i -.Am1pant ncnv 7/1`�/M 1-7 ARTICLE II, FIRE CODES AND FEES Page 3 of 3 (Ord. No. 98-45, § 2, 12-1-98; Ord. No. 99-26, § 1, 9-21-99; Ord. No. 02-008, § 1, 2-19-02; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 07-01.2, § 2, 6-19-07; Ord. No. 08-030, § 2, 10-21-08) Page 48 of 1037 7/0/1017 City of Boynton Beach Fire Department I Community Standards Division I Fire & Life Safety 2080 High Ridge Rd, Boynton Beach, FL 33426 (561)742-6600 New Construction Fire Fees A. Pfau Review/ Permit Fee (100%of all fees due at time of submittal except for values over 1.5 million) 1. Total c structi value up to 1.5 million .60% plus . Total c structi value over 1.5 million .30% (50%due at submittal,remainder due prior to payment) . Minimum Fee -Whichever is greater $100.00 B. Fire Alarm&All Other Automatic Fire Suppression S to (100%of all fees due at time of submittal for values up to 1.5 million) 1. Minimum Fee -Whichever is greater $100.00 or . Total c tract value .75% (50%due at submittal for contract values over 1.5 million; remainder due prior to permit) C. Site Pfau Review Fee $100.00 D. Additional Fees 1. Work CommencingWithout a Permit 4X permit fee . Plan Revision Fee $100.00 . 2,.'&RepeatedCorrections $50.00 4. Inspection After Nouns 1 00.00/hour° (2 hours minimum) E. Reinspections 1. 1st Reinspection No Charge 3. 3rd Reinspection $150.00 4. Fourth &Subsequent Reinspections $250.00 Page 49 of 1037 Annual Fire & Life Safety Inspection A. Assembly. 1. 50 - 100 seating capacity $150.00 . 10 - 300 seating capacity $300.00 . 301 - 1 000 seating capacity $450.00 4. 1,00 and over seating capacity $600.00 max fee B. Educational Schools, Day Care and Churches 1. 10,000 square feet and under 75.00 . 10,00 -20,000 square feet $150.00 . 20,00 -40,000 square feet $300.00 4. 40,001 - 50,000 square feet $450.00 . 50,001 and over $600.00 max fee C. Health Care, Hospital, Nursing Home,Ambulatory Care, Etc® Residential Board are 1. 1 000 square feet and under 75.00 . 1,00 - 10,000 square feet $150.00 . 10,00 -25,000 square feet $250.00 4. 25,001 - 35,000 square feet $350.00 . 35,001 - 50,000 square feet $450.00 . 50,001 and over 00 max fee D. Lodging, Rooming Houses, Hotels, Dormitories Condominiums Apart eats 1. 4-2 5 units rooms 75.00 . 2 - 75 units rooms $150.00 . 7 - X25 units/rooms $300.00 4. 126 and over $600.00 max fee Page 50 of 1037 E. Mercantile, Business, Storage, Industrial 1. 3,000 square feet and under 75.00 . 3,00 - 5,000 square feet $125.00 3. 5,00 - 10,000 square feet $175.00 4. 10,00 -25,000 square feet $275.00 S. 25,00 - 50,000 square feet $450.00 . 50,001 and over $600.00 max fee F. Other Miscellaneous Fees 1. Marinas and Docks 75.00 . Temporary Structures (Kiosk/Fent) 75.00 3. All other occupancies not listed subject t Fire Safety Inspections 75.00 G. Reinspection Fees 1. First Reinspection No Additional Charge . Second Reinspection $100.00 3. Third ei s esti 200.00 4. Fourth &Subsequent ei s esti 300.00 In the event the ar nUal Fire and Life Safety Inspection Fee is not paid,the City may enforce non-compliance witli this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board dUe to the responsible party's failure to pay t1le ar nUal Fire& Life Safety Inspection Fee Fire Prevention Fees A. Additional Fees 1. Fire Hydrant Floe Fest $350.00 . Bonfire Permit $150.00 3. Fireworks&Pyrotechnic Display Permit/Insp $250.00Permit/Ins 4. Fire Watch Special Assignment Detail (4 Hour Minimum) . Personnel Only $150.00 per hour 'Ib. Engine or Rescue unit Required $300.00 per hour +cost of personnel S. Special Event After Nouns Inspection $75.00 per hour hour ins ui ) (Minimum 2 people for 3 hours) Per person per Stour Page 51 of 1037 IV. Alarm Fees A. Registration Fees 1. Fire Alarms Registration $ 40.00 2. Renewals updates 20.00 B. False Alarm Fees Residential "Includes excessive calls for assistance with no medical need 1. 1st- 3rd False Alarm No Charge . 4th False Alarm $100.00 . Stn False Alarm $200.00 4. 6th False Alarm $300.00 S. Th&Subsequent False Alarms $400.00 C. False Alarm Fees Commercial cial "Includes excessive calls for assistance with no medical need 1. 1st- 3rd False Alarm No Charge . 4th False Alarm $300.00 . Stn False Alarm $600.00 4. 6th False Alarm $900.00 S. Th and Subsequent False Alarms $1,200.00 D. Other Miscellaneous Fees 1. Fire Alarm Failure to Notify without 1 hr notice 75.00 . Fire Alarm Failure to Respondwithin 1 hr 75.00 **In the event the Fire Prevention or Alarm foes aro not paid,the city may enforce non- compliance witli this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board dao to the responsible party's failure to pay applied foe. Page 52 of 1037 6.C. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-085-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Mercury Associates, Inc. of Rockville, MD for RFP No. 017-2510-18/IT for Comprehensive Analysis- Fleet Operations in the amount of$42,280. EXPLANATION OF REQUEST: On May 29, 2018, the City opened and tabulated five (5) proposals to RFP#01 7-2510-18/IT for Comprehensive Analysis— Fleet Operations. This RFP was issued seeking the services of a qualified firm to provide consulting services to conduct a thorough evaluation and analysis of the City's fleet management operations and recommend actions, which may lead to improved effectiveness and efficiency in the utilization of equipment, infrastructure, personnel, and financial resources to benefit the fleet management operations. On June 14, 2018, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, revealed and discussed their independent scores for each of the proposals based upon the evaluation criteria described in the RFP. After discussions, the Committee unanimously determined that they required additional clarification from the apparent highest ranked proposer, Mercury Associates, Inc. (Mercury), regarding the lump sum price submitted. Purchasing Services reached out to Mercury to request clarification which was subsequently provided to the Committee for their consideration. The meeting was reconvened on June 19, 2018 to provide the Committee with an opportunity for discussion. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. The Committee ranked the proposals as follows: Rank 1: Mercury Associates, Inc. Rank 2: Munilytics Rank 3: Matrix Consulting Group Rank 4: Management Partners Rank 5: Texstar Integrated Services, LLC. The Committee's recommendation is to award the Agreement to Mercury Associates, Inc. as the highest- ranked qualified firm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this RFP is to to retain a consultant who is well qualified to conduct a thorough evaluation and analysis of the City's fleet management operations and recommend actions which may lead to improved effectiveness and efficiency in the utilization of equipment, infrastructure, personnel, and financial resources to benefit the fleet management operations. FISCAL IMPACT: Budgeted This expense has been included in the FY17/18 budget under line item 303-4116-580.49-17; Project No.: GG 1842 ALTERNATIVES: Page 53 of 1037 Not accept the Committees' rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving the ranking and authorizing D Resolution the City Manager to sign an Agreement with Mercury Associates D Agreement Agreement- Comprehensive Analysis- Fleet Operations- Mercury Associates D Attachment Notice of Intent to Award - Mercury Associates D Attachment Tabulation of Responses- Fleet Ops Analysis D Attachment Summary of Reviewer Scores- Fleet Ops Analysis D Attachment Mercury Associates RFP Submittal - Fleet Ops Analysis Page 54 of 1037 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RANKING AS RECOMMENDED 5 BY THE EVALUATION COMMITTEE AND AUTHORIZING 6 THE CITY MANAGER TO SIGN AN AGREEMENT WITH 7 MERCURY ASSOCIATES, INC., OF ROCKVILLE, MD FOR 8 RFP NO. 017-2510-18/IT FOR COMPREHENSIVE ANALYSIS — 9 FLEET OPERATIONS IN THE AMOUNT OF $42,280; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on May 29, 2018 City staff opened and tabulated five (5)proposals 13 to RFP No. 017-2510-18/1T for Comprehensive Analysis—Fleet Operations; and 14 WHEREAS, the RFP was issued for the services of a qualified firm to provide 15 consulting services to conduct a thorough evaluation and analysis of the City's fleet 16 management operations and recommended actions, which may lead to improved 17 efficiency in the utilization of equipment, infrastructure, personnel, and financial 18 resources to benefit the fleet management operations; and 19 WHEREAS, the selection committee provided its scores to Purchasing Services 20 who then tabulated them to arrive at the final score for each firm and the final overall 21 ranking; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens and residents 24 to approve the ranking and authorize the City Manager to sign an Agreement with 25 Mercury Associates, Inc., of Rockville, MD for RFP No. 017-2510-18/TT for 26 Comprehensive Analysis—Fleet Operations in the amount of$42,280. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C9379880-FC9C-471F-9E80-9FOCAB68CCE5\Boynton Beach.11059.1.Approve_Ranking and Contract with Mercury_Associates_-_Reso.doc Page 55 of 1037 30 confirmed as being true and correct and are hereby made a specific part of this 31 Resolution upon adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, 33 hereby approves the ranking and authorizes the City Manager to sign an Agreement with 34 Mercury Associates, Inc., of Rockville, MD for RFP No. 017-2510-18/TT for 35 Comprehensive Analysis — Fleet Operations in the amount of $42,280, a copy of the 36 Agreement is attached hereto and incorporated herein as Exhibit"A". 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this day of , 2018. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Christina L. Romelus 45 46 Commissioner—Mack McCray 47 48 Commissioner—Justin Katz 49 50 Commissioner—Joe Casello 51 52 VOTE 53 ATTEST: 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C9379880-FC9C-471F-9E80-9FOCAB68CCE5\Boynton Beach.11059.1.Approve_Ranking and—Contract—with—Mercury Associates - Reso.doc Page 56 of 1037 SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONSULTING SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Mercury Associates, Inc. hereinafter referred to as "PROFESSIONAL", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Professional is retained by the City to perform professional services in connection with the RFP FOR COMPREHENSIVE ANALYSIS — FLEET OPERATIONS; RFP No.: 017-2510-18/IT. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section II —Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROFESSIONAL to proceed. PROFESSIONAL shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission. 5. PAYMENT: The City will pay the PROFESSIONAL, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed $42,280.00 a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROFESSIONAL may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROFESSIONAL in the amount approved. c. Final payment of any balance due the PROFESSIONAL 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 PROFESSIONAL'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. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is Page 57 of 1037 executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Page 58 of 1037 Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional 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 Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Mercury Associates, Inc. 7361 Calhoun Place, Suite 680 Rockville, MD 20855 Attn: Paul T. Lauria, President 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, Page 59 of 1037 represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 60 of 1037 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Professional Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page EN of 1037 EXHIBIT A SCOPE OF WORK The Scope of Work is to be used a as general guide and is not intended to be an all- inclusive list of the steps necessary for completing this study. The follow are work tasks assumed to be necessary for preparing the analysis, reports, recommendations and action plans described above. The Consultant shall perform the following tasks through review of reports, records and existing data, on-site tours and observations, meeting, discussions, department surveys and interviews, focus groups and other assessment tools: 1. Project Development Plan — Based on a thorough understanding of the purpose, objectives and scope; the Consultant will submit the following for approval: A. Schedule — Consultant will submit a Gantt chart (or equivalent) listing the project milestones and the number of days required for each. B. Work Plan — Consultant will submit an executive summary that provides details/explanation of each of the milestones listed in the Schedule. 2. Fleet Analysis —Anticipated tasks include, but are not limited to: A. Survey, interview, and evaluate the City's Fleet Maintenance Department for: 1) Levels of training, certifications and decisions making authority. 2) Experience, levels of knowledge, skills, training, certification, abilities, as well as staffing levels. 3) Evaluation of hierarchy. B. Perform onsite visits, observe and evaluate: 1) Fleet maintenance processes and procedures 2) Fueling processes, procedures, locations, conditions, equipment, security, safety, etc. 3) Management of parts and equipment used for maintenance operations including security 4) Management and disposal of waste materials C. Analyze and evaluate existing fleet management programs, practice and cost savings. Areas of focus include, but are not limited to: 1) Preventive maintenance programs and compliance levels 2) Mechanic staffing level, labor rate and productivity analysis 3) Maintenance and repair facilities 4) Contracted services/operations 5) Storeroom and parts services 6) Environmental best practices 7) Hurricane Preparation 8) Vehicle acquisitions 9) Safety and security 10) Fueling services 11)Customer service 12) Pool vehicles 13)Staff training Page E�2 of 1037 D. Evaluate and audit the enterprise fund/chargeback system: 1) Create chargeback rate development that can fluctuate yearly. E. Assess the use and need of: 1) Information systems and other technologies 2) Fleet equipment needs 3. Prepare a report that: A. Analyzes findings and benchmark against best practices B. Determines the City's cost of services and compare to industry benchmarks. C. Make recommendations that will improve operations and reduce costs. D. Identify and assess possible barriers and constraints to recommendations. E. Recommend size and configuration of a fleet maintenance facility that would best suited for the City of Boynton Beach taking into account two possible scenarios: 1) Fleet Maintenance remains at its current location, or 2) A new Fleet Maintenance Facility is constructed at the Rolling Greens site. F. Recommend implementation plan including preliminary budget. DELIVERABLES The Consultant, based upon site visits, experience, observations, interviews, surveys, research, analysis and findings shall present the following: 1. Preliminary report (5 bound copies and a PDF file) for staff review detailing the City's Fleet Management Program baselines, the Consultant's analysis, findings, recommendations, possible barriers, implementation timeframe, and estimated costs/benefits. The report shall include an itemized costs and timeframe estimates to implement Consultant's recommendations. 2. Meet with City's Project Manager, as necessary to review City comments and incorporate applicable comments. 3. Provide draft final report for review by the City; upon review address comments and concerns leading to a presentation of a final report. 4. Submit final report with executive summary (20 bound copies). Page 93 of 1037 EXHIBIT B FEES AND PAYMENTS REQUE, ST FOR PROPOSAL, „i .I ANALYSIS-FLEETOPERATIONS RFP 1017-26110-18flIT FEE PROIRDSAL FORMI PrDpOWS shazuk use tmi ftm far wbmRbng ft Fea Proposm, The ILAo"q p6dng Is wabamiled s' 11 kidluslvW to pmvide RhamrAal advisory woms h acmirdamce offt th-0 mclukernents Wan6fied irr ahis SCOPFA&Vftk and.RLU'wt t,rh in,this IPJFP d The PrDposs?a monthtV fee by banaM ourepuWyvg aefylosai a17 I1,raq-rialn fhrm tc the term of the, Agm, nmant. The DOW 00f renewal shot!be exerawd upon mutualagnmoneryt between CoOracbur and CIN try wriftain agreamwit Y4th all oflgfnul bKm,and mn , 'atiaod ho-red to w1th no&%abunt. 11 tCITY UNIT OF D SCRIFTf(,)N TOTAL PRICE M.EASUIRE Lum TOTAL NOT-TO EXCEED PRICE I P SUM FOR ALL PROPE SSIONAL S�EWIGES TO COMPLETIE 1'4E $_42,280 EN11RE SCOPE OF WORK AND FURNISHALL DEUVERIABLESAS, DERINED HEREW. Propuser shouN also aftach a copy cl its rou oftest fDr usefin p'dCjnQ! wruibm as naecled W-Mury,M,eciales,Inc. —&ff qU �ORVEU,�Sli X�TIJRE COMPANY NAME A L-go Ialq-0535 J Raul T.haunt -- "1".." 1-1.1.1.1— ................... TELEPHONE NO PRINTEDINAMIE President E-IMAIL ADDRESS TMF I, DATE THIS PAW to sawim Folt ptorcul TO OF COKMIED 23 COWIMAND ACCWAkE RFP No,roto TmT Page 04 of 1037 The City of Boynton Beach PROCUREMENT SERVICES 100 E.Boynton Beach Boulevard F.0.Box 310 Boynton Beach,Florida 33429-0310 961-742-6310 Fax: (961) 742-6316 rt NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFP NO. 017-2510-18/IT SOLICITATION TITLE: COMPREHENSIVE ANALYSIS —FLEET OPERATIONS DATE OF NOTICE: June 19, 2018 At the public ranking meetings held on June 14, 2018, and reconvened on June 19, 2018, the Selection Committee for the above referenced solicitation scored and ranked the submittals as follows: Rank 1: Mercury Associates, Inc. Rank 2: Munilytics Rank 3: Matrix Consulting Group Rank 4: Management Partners Rank 5: Texstar Integrated Services, LLC. This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to enter into a contract with the first ranked firm: MERCURY ASSOCIATES, INC. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFP documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: y�,Aye 4 7 Ii *em Ilyse Triestman, CPPO, CPPB, FCCN Purchasing Manager America's Gateway t®the Gulfstream Page 65 of 1037 5 w -or 5 5 3 3 5 5 » 5 5 5 5 f » » » » [ \ 2 e o ) ) / / / ) \ g00 0 a $ { 5 ° 3 3 5 5 5 5 3 5 Z \ { » % » » » » s \ » » » » 0 q / - -o \ \ } ^ 2 ¢ n , e ! : a ! o - 5 3 3 3 3 3 3 3 3 3 3 & » » » » _ j \ 2 e o _ - ) 5 \ \ { 3 3 3 3 3 3 3 3 3 3 - _ y x » » » » » » / 2 » » » » _ . \ i U e o U) - 5 2 . a ! 3 ° 3 3 3 3 3 3 3 3 o E [ » % » » » » s - » » » » 61) \ \ � \_ \ { I : > o < _ LU LU LL /[_ j U) \ ) LU U) e o= [/ -i $ / \ LU\( F \ § < z FLU- 0 \ / e < ( ) LU( � ° F- LU \ [ / > @ Lu 11 y( / F- / F- U) � / z \ / ( (� m / } z 02 a ® G } _ � #~ ° - LL & e o C J z > \ \ F-5\) / / \ i ± $ \ § / ` 5 2 y LU)}j/ / / 5 / LU 5 y =z_> o IL / } � a > \ \ ) / \ F-- ::J \ \ \ \ & o LLLLL z z % � o � � � \ > 63 / § E y E2/32 E E < < S % a \ ) j e ® b \ g 5 5 \ 5 5 f } 7 - >- » » , » » t _ 5 e s LLI o ( m \ / / 2 ) ) / % z \ LU z ) \ q ) ƒ 3 3 \ 5 5 } ® Z / / » » � » » ) p ~ — LU & \ z - - \ \ \ = 2 S / 2 n §\ ) ) e / 0 o6 ® \ D- / � 3 3 3 \ 3 3 } 70 : _ . : ( » » » , » » \ p ƒ± g e 2 \ae E / \ \ \ \ wo o �\ ) Lu ) z _ ® b \ \ \ 3 3 z 3 3 f } 7 - _ y } � » » - » » g t o _ 5 e s 2 - ( \ \ . 00 U 2 f % 5 5 U - ® z � ` 3 3 \ 3 3 ® o \ ® ® $ / » p 2 2 _ b b I \ o < _ \ LU , ,o & � , e I \ \U) ( [ / g \ / \ \ \ F- 0 % o ® K J GCe ( / b a / CL > § § _ \ \ \ 5 z \ \ Ds a 6 E [ 5 \ ( j z _ o2 a ® G - $ ® ± LL & e o ( } ) § @ 2 ) e I ± \ / \ / \ / 3 \ b 2 ƒ § § \ @ / ) ~ / / z Lu S z J § LU e o z / > e ) z [ 0 \ / � - & o EEE ^ E ( o / > o > ( \ z 2 \ / g ( m / ) O z Y M r N 0 Z Q z o �MM Q H 0000 0000 co co co M Cfl Cfl Cfl N r r r \'J o Q O O O O O O I r r r r r co co co Q Mx O O O M Cfl Lo N 0 M O O O Lo V Lo Lo V w O Q Cfl O r N r W W N W O W N r W O N Cfl r W N Ua O 00 M m CO mN O ' 000 OOOO 0000 OOOO 0000 0) Q x 000 OOOO 0000 OOOO 0000 W V Q 000 OOOO 0000 OOOO 0000 ^ c O U I L O U Gl d 000 000 co co co co co co 000 co co co 0 OV x o00 00o co co co 0)0)0) co co co M U O 00 Z o 000 OOO 000 OOO 000 LUW O O O 000 OOO 000 OOO F Q (fl D)W Ln O co (fl D)W D)r O Cfl W W O J H � U W O W = J � � LL F U w o 1 Z ao Y U x 000 0 0 0 000 0 0 0 000 ,a, Q Loom 000 000 (dm ui00co J N J a a z r F O z a c z Zo _ N ALJ p 000 OOO 000 OOO 000 0C9 Z V 000 OOO 000 OOO 000 Z Z FfiX Co r N (+)LC)LC) (h LC)LC) LC)C7 LC) Co LC)(h ,^ Q N N N N N N N N N N N a. Z LL W z O LU z F = W W W CL o z w U O O z z o 000000 OOO 000 OOO 000 OOO 000 OOO 000 Zz y LL x N co N co O D) 0000 r O O(D r O r a K N N N N M N N(M(M N N(M N N N Z p LL j QOZ �z LL ; O W w K 1 O a o 0 of o (n J fn > V1 _ w W w J U ¢ j V > A W ¢ O Z W E M F � W W OF C7 N 0 Z W _ LL � Z Q ~ a O Q r n j O t7 F N N W Q W z Q N Z W w U w w F w K w 7 t7 } } X1>16M } 7 } } x F Y c cn a rc z v K rcz U rc z v rc z v y rc z v Z ¢ m ¢ F ¢ m K ¢ ¢ Z ¢ ¢ x ¢ ¢ Q Q o o m Q oo W o o > o o W o o � Z ad t' d ad ti d a' ti d IF ad 7 d rc Proposal in Response to RFP No. 017-2510-18/IT to Conduct a Comprehensal I ve Analyslis of Fleet Operations r the 1 May 2018 MERCURY ASSOCIATES, 4 i 1� Y 3 1 ' a I . ORIGINAL Page 69 of 1037 rye. ' Pnipmml to Coad to Comprehensive whisks of ` fit Op rtions TABLE OF CONTENTS TAB 1: COVER PAGE AND INTRODUCTION LETTER•................................................ 1 QUALIFICATIONS I ..................................................................... LI ....................................................... TAB 2: UNDERSTANDING OF THE SOLICITATION .................................................... SUMMARY OF REQUIREMENTS ............................................................................. DETAILED TASK DESCRIPTIONS 12 .......................................................................... OPTIONAL TASKS WITH TASK DESCRIPTIONS................................................... 7 TAB : PROJECT TEAM .............................................................. PROJECTTAB 4: 35 L ............................................................ APPROACH TO THE PROJECT 35 .............................................................................. PROJECT SCHEDULE 39 ............................................................................................ TAB 5: COST PROPOSAL 40 .......................................................................................... REQUIREDTAB 6: APPENDIX LIST OF LOCAL GOVERNMENT CLIENTS, 2013-PRESENT LAI t Page 70 of 1037 Page 71 of 1037 TAB I no COVER PAGE AND INTRODUCTION LETTER Proposal to ConductComprehensive l i Fleet Operations RFP .: 017-2510-18/I For , fi fi is Submitted : Mercury Associates, Inc. 7361 Calhoun Place, Suite 680 Rockville, Maryland 20855 www.mercury-assoc.com 301-519-0535 Proposal Contact Person: Mr. Tony Yankovich, Senior Manager 913-568-5837 tyankovich@mercury-assoc.com May 1 iWANkojim Page 72 of 1037 i May 28, 2 Consultant Selection Committee City oynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Dear Selection Committee Members: Mercury Associates, Inc. is pleased to submit this I to conduct a Comprehensive Analysis of I r tions for the i of Boynton Beach, FL. As the largest dedicated fleet management iso firm in North America, confident that the i ill not find a befter-qualified firm than ours to assist it in developingn implementing soup and practical n tion l r improving its fleet managementpractices and the performancen . Mercury Associates, Inc. is a 16-year old Maryland corporation headquartered in Rockville, a suburb of Washington, DC. As thelargest dedicated consulting firm in North America, we havethe expertisen s t successfully I this project without the use af anysubcontractors r other partners. Our consulting servicestouch on virtually v of fleet management andoperation, ranging from broad-based nt organizational structures, staffing levels, ciliti n equipment, and businesspractices, to tightly focused analyses i I issue or opportunity such i our ?" 'What types of alternativefuel vehicles should we be addingour ?" "Should lease or buy vehicles?", out ur - ilt fleet management information better meet our needs than a generic ERP or enterprise asset management ?" or mHow much space do we need for our fleet maintenancefacility?" We have extensiveexperience in evaluatingmanagement business practices, identifying cost reduction strategies and developingtions to improve the managementnd maintenance of municipal fleet operations. Mercury i , by far, the most experienced fleet n u in firm in Northri has worked with hundreds of municipal fleet operations sinceincorporating i . In the last r example, v ih 227 clients. These haveincluded r i tions such as the cities I n ri , VA; Colorado Springs; ul , ; Gresham, ; Jamestown, ; Janesville, l; Lincoln, ; Long Beach, ; Maricopa, AZ; Mount Prospect, IL; Mountain Brook, AL; Oak Brook, IL; Olympia, ; Palo Alto, CA; Phoenix, Raleigh, ; Salem, ; and Wilmington, ; among clients include County, ; Lane County, ; Loudoun County, Prince illi oun , ; Venturaoun ; Wake County, ; and others. We haveprovided J references on the requiredforms. MercuryAmoclates, Inc. c, vm%vanorcurv-ow-oc.com 73 Calhoun Place, Skil 680' s w� Ali , MD 208 - 301 519 01,535 Page 73 of 1037 City of BoyntonFinance/Procurement Services RFP No. 017-2510-18/IT y 29, 2018 The following the key strengths that distinguish MercuryAssociates, Inc. from t r advisory servicesfirms: ✓ Mercury is widelyi the leading f!eet management advisory services firm in thenit n is often asked to present topics t top industry conferencesutor articles in industry pu lic ions. ✓ Mercury has workedi local government clientsimproving their fleet operations over the last fifteen years than any other consulting group. ,or Mercury is a fleet management consulting firm thatdevotes 100 percentour efforts helping organizationsimprove their fleet operations v in so r the past 15 years. ✓ We havethe largest staff of fleet management consultantsof anyviservices firm in the will not require the servicesn sub-consultants or partnerships with other companies to meet the i the City's . ✓ We offer the widest rangeconsulting i in the industry. ✓ Mercury is the only consulting firm that offers fleet management program advisory servicesIong with fleet maintenancefacility planning i . ✓ We developlin that are specific to each client .These solutions are practical, defensible, executable, and measurable. We continue to buildn our trusted reputation, industry leadership the services that offerwe to our global clients. Our proposal will remain valid r a periodninety( )days after the date of bid opening. We acknowledge ipt of RFP Addendum No. 1t 1, 2018. Mr. Tony Yankovich, Senior Manager, will serve as the primaryit of contact at Mercury r all matters relatingto our proposal. He can be reached at tyankovich@mercury- assoc.corn 913-568-5837. ciate being giventhe rtto offer our services to the City of Boynton Beach andlook forward to hearing from you. Very truly yours, P"7 Paul T. L uri President Page 74 of 1037 `rte t Rrruposalto QUALIFICATIONS t Company Overview Mercury soci t , Inc. is a 16-year old Maryland corporation headquartered i Rockville, u Washington, DC.We are a not a generalistt consulting firm with n "practice" ( n r larger practice areas), but rather the largest dedicated fleet management consultingcompany in North America. r profbssional staff consistsIf and part-timeto r than half were full4imer ion I fleet managers, primarilyin municipal government jurisdictions, prior to becoming fleet management consultants. This wealth of hands-on experience, coupled withsingle-minded cu management, helps ii by Mercury has been retained hundreds clients in the last several years to assistthem .with their fleet managementpractices. Mercury's mission, simply put, is to helporganizations improve the management and operation of their vehicle uip s. Ourcompany's Obandwi t " compared to that of any other consulting company that may respond to the City's RFP alsoenables us to help our clients implement the recommendations we make. Recent examples of implementation rvi have vi to our clients include developing iv management policy and procedure manual ( it l Regional District, BC); acquiring a now fleet managementinformation system (Corpus Christi, )® developing an RFP for contract parts management services (Jefferson Parrish, ); developing a new fleet operatingc rate model (Palo , ); and determiningequipment requirements for a now fleet maintenance facility ( r ). We take pride in our ability to assistour clients in fbllowingh on our recommendations i t u the recommendations in too many other consultants' reports are never upon because theyr impractical ( r how soundin theory) and/or because the client not have the time or expertise to act on them. And, in the of a small two or three-person nsu in , they simply do not have the experiencen ou s to assist the organization in Implementing their recommendations. Mercury has worked withf rpublic and private-sectoro i ion n h — primarily in the UnitedStates n primarily ith governmental jurisdictions — with fleets rangingin sizefewer than 100 to morethan 200,000 vehicles i equipment. For the US federal government, we have vi services o the Army, Navy, Air Force, and MarineCorps; 13 of 16 executivech departments n r y, Homeland Securfty, Interior, Transportation, State, c.)® and the General Services Administration, NASA, the US Postal Service, the Smithsonian Institution. Our professionals have i or more agencies in 33 state governments in the US and fbur provinces andterritories in Canada, with then 40 collegesuniverskies. In the private or, Mercury has providedconsulting i to a diversei large and small companies. Recent corporatetcommercial clients include 3M, Air Products, Bell Page 75 of 1037 dprr,i,i enshts Analysis,of F,10i Operations Brinks, British ColumbiaHydro, Carolinas HealthCars Cudd Energy Services, rin , Honeywell, Horizon Utilities, Intel, Jarreft FleetServices, Joerns-Recover Care, Johnson & Johnson, Lancaster , Pfizer, u lic Industries, i , and Schindler Elevator. Included in the appendix to this l is a tablewhich lists approximately 100 city n county governmentclients for whom Mercury has conducted fleet management consultingJ in the last fiven the consulting o for each. We are confidentthat r ill not find any other consulting firm that this much experienceworking with local government fleets. Functionally, consulting experience ncompasses services touchingan every aspect of municipal fleet management, including: • Comprehensive reviewv lu tin of fleet management resources (organization structure, staffing, ilii .) and policies, procedures, practices; • Evaluation inhouse v . outsourced fleet maintenancen ir; • Development of multi-year fleet management businessplans; • Development of fleet management policymanuals and associated employeeiin ; • Development of programs of space requirementsr now fleet maintenance repair facilities; • Development of specificationsr the purchase of vehicles, maintenance and reir ( ) services, t services, fuel ! management services; • Conduct of fleet rightsizing it right typing studiesr both general purpose gv rn n public (e.g., I ) fleets of as many as 56,000 vehicles nd pieces of equipment, • Development of annual asset usage guidelinesnbusiness application for fleet utilization measurement and exception reporting; • Development of asset own-versus-rent -v i cot break- even analyses; • Conduct of benefit-coststudies lice department assignedvehicle n take- home vehicle ; • Determination of optimal replacement cyclesr numerous including r ; light, medium, heavy-duty trucks; hto ; solid waste collection trucks; police patrol vehicles; I ; and fire engines n ladder trucks; 5 Page 76 of 1037 Proposaito Conduct FCcmpr�henOve Analysis `ReWt Operations • Development of mulfi-year fleet replacement plans that quantify future replacement dates, purchase prices, used vehicle sale (residual) values y individual s !I as by agency, fund type, and for a jurisdiction as a whole; • Development of fleet modernization business case justifications t compare the total cost of ownership of a fleet under modernization and status quo replacement plans; • Determination and comparison of the fiscal (budgetary) and economic (present value cost) impacts of financing to replacement s under alternative capital ci such as outright cash purchase, reserve fund, and tax- exempt ; • Evaluation and optimization of flet replacement reserve fund balances ; • Evaluation and development of fleet operatingcot charge-back systems, rate models, and rates; and • The determination of the near and long-term incremental capital and operating costs of replacing v ntio lly fueled vehicles 1 alternative I vehicles, including V , PHEVs, EVs, propane vehicles, vehicles. CLIENT In addition to providingreferences on the required forms, we haveprovided contactinfbrmafion and brief j ri tion below. City I , IWIN FleetiDivision Mr. Tom Anderson 2187304449 tanderson(oduluthmn.gov Mercury s engaged to conduct an independent assessment and analysis operational efficiency of the ity's fleet maintenance program. Fleet Servicesi responsible for the management and maintenanceit of nearly0 vehicles and piecesui t. The fleet is diverse consistingsedans, pickup trucks, dump trucks, aerial ladder fire trucks, k , asphalt pavers, trailers, Specific areas studied included r ni tion I structure a levels, s 'vi inventory management and control and perlbrmance measurement. The toy also included v to in r hen iv replacement plan to quantify fleet replacement funding ui n r r planning period comprehensive fleetrightsizing study t Identified i l°r i vehicles fleetfrom the resulting in considerable cost savings and replacement cost avoidance. Page 77 of 1037 z Proposal to Conduct Comprehensive Anplysis of Foot 01pero ion City of Gresham, OR Finance Department Mr. Bernard Seeger 1 373 Bernard.seeger@greshamoregon.gov Mercury u comprehensive revi fleet management and maintenance practicesr the Cityof 's fleet of nearlyvehicles and placesof equipment valued t$30 million in 2018. The objective of the study was to reviewmaintenance practices to determineif the fleetorganization was meetingi in the many disciplines n ing and maintaining the fl Specific i included organizational str n staffing levels, shop u °vi , parts inventory management rl, fleet replacement practices and performance . The study also included developingrequirements r a now fleet maintenance shop. Subsequentinitial study, the City engagedassess the feasibility f moving the fleet maintenancetion to a County fleet shopthat had the potential t house the City's i tion along witht t operation. This study l included development of a potential shop layout that would accommodate the City's needs. City of Jamestown, MY Fleet n n Mr. Patrick Monaghan 7164837584 monaghan@cityagamestownny.com Mercury conduct n independent assessment of the Ci t management in n it program in 2017. The objectivethis study was to identify rtni s to make the deliveryof fleet management services more efficient cot effective. Specific areas studied included organizabonal structure staffing levels, shop productivity, parts inventory management and control, fleet replacement i , performance su t and other key ! o f the t program. The results of the study were providedin a detailedreport that discussed current practices and identified rtnii r improvement. TCity fleet was comprised of 432 vehicles nd pieces of equipment. City VIII , Wl Director tions Mr. John Whftomb 3110 whitcombf&l.janesville,wims Mercury u the City'sVehicle a tion Maintenance (V ) division. VOM is an operatingunit of the Operations Division of the Department of Public Works. The 8 VOM employees, i u port from the Operations Division, are responsibler the management, maintenance, it of 489 vehicles 7 Page 78 of 1037 Proposal to CondLict Comprehensive Analysis of Fleet 0�,,wratlons and pieces equipment. Another 121 vehicles nd pieces of equipmentCity departmentst not managed or maintained by VOM. The fleet is diverse, ranging standard minis tive sedans to complex1 bucket trucks, ui t, from trailers to backhoes. The study included n assessment of all key componentsfleet maintenance it program including i tion I structure and staffing levels, shop productivity, rc management, parts procurement and inventory cont 1, customer service, andother areas. Village , I Public t Mr. Jim Breltzman 847 870-5640 jbreltzm@mountprospect.org Mercury ndu in-depth study of the feasibilityintegrating various types of light- and heavy-duty into the 230-unit fleet of this suburb Chicago with a population of 54,000. Our analysis included determiningt types of conventionally fueled assets in the flet were operationallysuitable for replacement with various types of AFVs, including CNG andI hybrid-electric and electric vehicles, determining a incremental capital and operating f integrating i bl FVs into the fleet. Our cost analyses included identifying Ii I s that could used to offset vehicle ui ion and fuelinginfrastructure const iand the costs of accessingexisting lin cilities in the vicinity of the Village. Mercurys retained to conductv r l follow-up ltiassignments cusin on fleet replacement planning andthe determination of optimal replacement cycles for key types of vehicles an ui t assets in the Village's fleet. City Human Resources Department Mina n 5035892080 mhanssen@cltyofsaism.net Mercury scirecently started a comprehensiveassessment of the City's Fleet Services ivi ion. The study includes view of organizational structure, staffinglevels, shop practices, customer service management, replacement planning, charge-back development, n Il other key elements of managingand maintainingthe fleet. Fleet Services t of 1,500 vehicles i equipment. Page 79 of 1037 Page 80 of 1037 hf� Proposal to Condud Cornprehmmive AviAesisof Fleet O erato TAB 20- UNDERSTANDING OF THE SOLICITATION SUMMARY F REQUIREMENTS The City of Boynton Beach, L is seekingto engage a fleet managementi r to conduct a Comprehensive AnaI i I tions. The resultsthe studyshout help the Cityimprove operational ic! i maximize v it ble resources and position the fleet organization to become a leading i t of fleet management and maintenanceir services. This is consistent with the FleetMaintenance iviio ' Mission ; The Fleet Maintenance Divisionis committed to pivvidingthe highest quality of service in the most cost effective and efficientmanner. The Study will include an evaluation of all key elementsthe r including organizational ru i levels, resource utilization, fleet governance, performance, in ilit , fleet cost and financial management and use of technology. Within ! i n Division of the Public s , Iv positions are c with i s maintaining nearly single maintenance facility located th Avenue in Boynton. The Internal Service Fun operation has a 2017/18budget of$8.2 million ( 3.1 million for operating and 5.1 million for vehicle u h ), Revenues are generated from chargesto other departments r services provided, o nsupplies sold, investments, disposal of fixed assets and transfers from the General Fund and other Enterprise Fund operations. It was estimatedthat 7,500 workr in 2016/17 i to the FY 2017-2018Budget. WORK PLAN We propose to conductFleet Management Practices Assessmentto evaluate these key areas. We have l identified itio l optional tasks that the City may wish to consider if a 'deeper dive" is requiredr warranted after our initial review. The four components (one base task andthree optional tasks) of our proposed project approachthe following. 1. Fleet Management Practices The ri our proposed workplan is a comprehensivevi n evaluation the City'sn i that will identify ortuniti for improvement i ll key functional areas of fleet n n operation, namely: 1. Fleet Governance 2. Asset Allocation and Utilization Management 3. Asset Acquisition i l . Fleet Maintenancen it Fleet5. u fn Fuel Management vv, 3 9 Page 81 of 1037 Propcmal to Conduct B. Fleet Replacement . Fleet Cost and Financial Management B. Fleet Information Management Fleet9. t Resources 10.Customer Service To cite butone example, a fleet management practice area that we will address in this Assessment is Fleet °rmechanic staffing requirements. i needs are function o yri including, to name a few of the more obvious size, composition, utilization levels, n r tin practices; asset selection n procurement practices; replacement practices; customer service levels; insou in and outsourcingr i ; maintenance facilitylocation, size, layout, and condition; staff recruitment, retention, supervision, and professional development practices, and, of course, staff efficiency and productivity levels. I Management Practices Assessment it touch on all of these factors. As vehicle nlogy continues to advance, moreover, the ill need.to either 1) invest more i management-related human capital ( ., through greater use of apprenticeship,t inin , and certification ); ) increase its reliancethird-party vi such as vendors orcontractors; )replace fleet assets more quickly so as to avoidvin to deal with complexrepair requirements; r ) use a combination of these t t i r evaluation of a variety i tinct but interdependent managementi in the Assessment will enable us to identify i tion strategiesof such for the Cityto consider pursuing in the future. 2. Fleet i i i I I (optional) One three optional study components we offer would focus on identifying specific assets currently in the City'sfleet that shouldretained; reassigned to another employee, r i ion I unit, ors - pool; replaced with ; r eliminated from the fleet altogether. Identifying oppo niti to rightsize a fleet requires very differentapproach h n does an evaluation of fleet management resources and business practices. This nt would entail an initial statistical n lysis o odometer/hour meter reading i identifying potenfiall underufflized assets, Ilowed by a Web-based survey of the users of the latter, and, finally, meetings withi departments to establish (to the fullest extent possible) on changes t should be made to the sizen ositin of their fleets in order for them to effectively and economically meet their fleet-related busi if needed. Fleet3. I Analysis ti secondThe ion I component we offer is a detailed fleet replacement analysis which wouldtify future fleet replacement costs andfunding i under various alternative capital financing h organization's nt practices and resource requirements, fleet size composition, and utilization levels inextricably 1 Page 82 of 1037 Propcnal to Conduct Comprehenshie,Analysisf Fleet O1 enesto s linked to its fleet replacementi old fleet is more complicated, o intensive, n iv to manage andit than is a youngfleet undergoing modernization requires mastery — by both maintenance technicians an vehicle/equipment operat — of technologies that i xi o. The growingfo nt and use of vehicle telematics sof ions will transform the y fleet owners like the ploy, operaW utilize, n i in fleet assets. Generally speaking, th integration of alternativel vehicles into the City'sill increase asset acquisition costs andu i u l values—but may also simplify fleet maintenance and reit requirements substantially. For all of these masons, the timely ! ( r lack thereof) the City's fleet assets will have a profoundimpact on manyf the fleet management practices, strategies, resource requirementsill evaluate in the FleetManagement Practices Assessment. The future timeliness iwhich the Cityl fleet assets will hinge, in large part, on developing oun understanding of av a annual replacement costs, future and valleys in those , the pros andn It r iv capital financing , and the proper design of replacement t for use withreplacement reserve fund. In this optional studywould quantifyto replacement the City's fleet based on what we have n to be reasonablereplacement cycles for the different types of vehicles ui nt assets in a typical municipal government fleet. At the City's option and for an additional fee, this could include lin the costs of replacing some conventionallyI vehicles ith commercially available, alternative fuel variants i vehicles in the will quantify andthe fiscal ( ) and economic (present value cost) impacts associatedwith replacing the fleet in the future i nt capital financing such as buyingversus debt financing versus using replacement reserve fund and charge-back system. This analysis also would take into account the findings and recommendations of the fleet rightsizing n ly i if the CityI v us conduct it. 4. Fleet Maintenance Facility o i (optional) In this optional task, we woulddevelop it requirements, space adjacencies, o facility characteristics for a new fleet maintenancefleet maintenance °I° , thehl l sized, suitably fi , correctlyui appropriately itio ort can fully overcome facilities that are outgrown, disorganized, lacking in equipment, in the wrong place, and/or an a site that is unsuitable. The most remarkable contributor to efficient andiv maintenanceprograms the facilities. We ill draw on the results the previousproject Ion ith mom than two decades of fleet maintenance facility programming st r planning experience to develop a program of requirementsfor a new fleet maintenance facilityr the City. Page 83 of 1037 C{; mpri-, enslve Analysis of f i et,Opel,,tions DETPJLED TASK DESCRIPTIONS Task : Fleet Management Praeftes Assessment Task 1.1: Initiate and Manage the Project We willstart the j ith a formal kick-aff meetingprimary objectives ill be to introduce the key members of the City and Mercury Associatesj teams to on another and to confirm both parties' understanding study parameters including but not necessarily limited to projectis and objectives, , work plan, timeline, critical success factors, anddeliverables. We alsoill discuss logistical procedures suchs key points of contact andlocation when members of our project tam are on site in Boynton Beach. key ingredient n effective projectn is periodic written progress reports. We want to ensure that the ° is aftrded regular opportunities to discussthe status of the project withus andto raisey questions or concerns relating to our progress toward c i vin its expected outcomes. To this end, e will submit a brief progress report on a monthlyis, recapping the worklisp to date. The written progress ports will be integrated ith our monthly invoices. Task 1.2: Collect and ReviewInformation Prior to kickingthe Assessment, we will provide the FleetManagement Division (FMD) with a written information u . This ill identify the documentary material that we would like to obtain to conductreview. T checklist ill be organizedfunctional fleetarea of n nt to be reviewed. If necessary, n set up a cloud-based SharePoint low - oint portal to facilitate the City'stransmission tril to our project team. We ill also request a detailedfleet inventory for all vehicles i nt included i this study. Examplesquantitative ill request for each asset include year, model, serial number (VIN), City ID number, class description, user agency , in-service , original purchase pri i li (for any leased assets), life-to-date maintenance n repair current meter reading and meter reading date, utilization during the 12-month erio , maintenance and repair costs during the same period (broken out by in-house labor hours n , in-house rtn outside vendor charges), and gallons1 consumed duringthe same period. Please note that our proposed level rt (and budget)for this task assumes that the City ill be ableto furnish t to us using h cl spreadsheet template that we provide. It also assumes that these data will be substantially accurate and complete, requiring minimal data scrubbing or normalization by our pmject team. Whileo not anticipate that this will be a problem, v nult n assist City personnel in writing queries, in cleansing rior to analysis, if necessary, r an additional fee. 2 Page 84 of 1037 Proposal to Conducl ! ornpret east e AnaIy l sof Flom,t"Operaflons We ill request that FIVID returncompleted fist with availabledocumentary materials. This way, we will have clear record of what types of information — and were not—available for our use in conducting the study. Examplesthe materialsWill request include: • Pertinent sectionsn - l tin is and associated actual n itu s for the last two fiscal ; • Organization charts andI rosters; • Position descriptions; • Policy and procedurestatements; • Commonly used recordkeepingforms and management ; • Previously prepared consulting /or audit ; and • Sample bid/proposal solicitations cifi ions, contracts andr r, and supplier vendor ivi . We will review all of the material and data providedin order to developpreliminary understanding of the strengths and weaknessesn n itis and management and operatingi II as in mapping and evaluating management lii , procedures, andpractices in a later task. Task 1.3: Analyze Data and BenchmarkConditions We ill use the quantitativeI!ected in the previousi the analy7ing current fleet-related conddons, costs, andperformance levels in the City'sfleet operations. l i results ill help us flag specific fleet management activitiesin which opportunities r cost reductionand/or performance improvement r to exist, which we can then scrutinize duringthe r ing and evaluation task of thisto component, Subject to the availabilityit ill calculate statisticsfor currentn nt activities andfor several key performance indicators quantitative mesu i cy and effectiveness. ill interpret i i by comparing them ain ni industry nbenchmarks, r rules of thumb, where available. Benchmarks ill include, where applicable, information developed from dozens of otr municipal fleet management studies Mercury has conducted. ill incorporate h results of our data analysesin the development of findings nd recommendations in specific areas of fleet managementpractice in the next task. Task . Evaluate I t Businow Practices We ill review current conditions, resources, and business ! in several dozen functional nd maintenance. The resultsthis v lu tion will M` 1 Page 85 of 1037 Proposal to Conduet Comprehensive Analysis of FILM,Operations serve as the foundation for developing specific recommendations for reengineering or upgrading rrent organizational structures, n levels, infrastructure, for business processes so as to reduce the costs and/ori v the l' n effectiveness of both fleet management activitiesn vehicles nequipment themselves that comprisethe City's . We °ll evaluate current practices using standard bu inmapping and gap analysis tci i d at first defining then identifying strength nweaknesses in specific functional areas. We will utilize detailed iness process evaluation checklist that we have v to refined y r more than 30 years of conducting best management practices reviewsu the thoroughness our review. We will determine how processescurrently r through a combination of documentation review, l interviews, cu meetings, and sitevisits. I doing this, we fully understand hat the way City employeesr u to perform certain activities and the way they actuallynot necessarily . Thus, we will assess the adequacy of both the definition, as expressed in regulations, rules, policies, procedures, rms, etc. and the execution of fleet management processes in accordance with these requirements and guidelines. We will determine how well business processes arein sin 1. Their intrinsic soundness (e.g., the clarity logic with which they are documented, the way they are communicatedto employees, the manner i whicht ); 2. Their consistency with industry best practices, whichv observed, in many cases defined, through our project team's combined decades of professional fleet management, consulting, public speaking, writing, n training ri ; n . Their rGsuffs, as reflected in the quantitativesur performancelevels in the previous task, and in the satisfaction levels managementici I , fleet management employees, and fleet users. In evaluatingthe strengthsn n current fleet management practices, our ultimateobjective will be to advise the Cityto how these practicesimproved. Consequently, our evaluation approach will not seek to merely ° e nti practicesfrom identify the factors unique to Boynton Beach—whether political, organizational, n ri I, operational, administrative, fiscal, technological, educational, r other—that explain why some practioesstrong n . This ill allow us o develop recommendations for improvement ric or academic innature, directbut of applicability to the needs, objectives, conditions, biliti of the City. managementThe fleet business practiceswill evaluate in this task, subject modification i ul tion with the City, if necessary, during contract negotiation, iclu the Il i 14 Page 86 of 1037 Propiml,to Conduct Comprehensive,,AnaIlysis of Reef Operadons 1. Fleet policies and procedures 2. Existence n operating c u in d . 3. Assets requirements definftion 4. Shared/motor pool vehicle n nt and operation 5. Asset utilization measurement andion management g arMEN=, ME I!I 6. Purchase s ifi tions d el p n#, bid licit tion, nd assel1supplier selection 7. Asset commissioning (Including u i in ) 8. Asset decommissioning andremarketing/disposal . Preventive maintenancer i n and execution 10.Work planningn ulin 11.Service writingn job assignment 12.Technician supervision (i.e., authority) and work qualityassurance 13.Warranty, ll, and campaign management 1 . up lir I ion, u �orde�rlcont�nactli ,�and management 1 .Inventory d ad hoc parts procurement 16.Invnt nagement and control 17.Disposal of obsoleteoil, and other waste materials 18.Insourcing versus in determination 19.Vendor selection, s order/contract establishment, and performance manement 20.Supplier selection and contractestablish nt 1.Bulk fuel procurement is Page 87 of 1037 Proposelto Conduct 22.Bulk I inventory n nt and control 23.Fueling ili ion and maintenance 24.Commercial fuel transaction/credit c rd program management (if applicable) i 25.Asset replacement l guidelines 26.Replacement I nnin 7.Replacement prioritization and budgeting .Fleet Services organization structure and .Technician productivity 30.Employee training, certification and professional development 1.Maintenance andlin ili locations, design, and condition 32.Shop ui tools .Facility housekeeping andmaintenance 34.Fleet maintenance facility capacity and 35.Shop safety management 36.Emergency r n IS WE 7.Management irTformations functionality, configu tion, and use 38.Management reporting and ad hoc management analysis .Fleet Services budgetingn itucontrol 40.Operating c development (i.e., labor rate, markups, etc.) 1.Replacement rate development and customer billing (if applicable) 42.Customer satisfaction measurement .Fleet advisoryiestablishment Our evaluation of conditionsn r practices in each of the above areas will fbcus on identifying uniti o improve n nt and operatingivand/or reduceri . _ E 16 Page 88 of 1037 Proposoalto Conduct Compnehensive,Anatysis at Fleet Operations Task 1. : Develop We will present our findings and recommendations to the City in a formal written report. We ill recap howconducted the Fleetn i t, what we found in terms of strengthsn n management itio n practices, n the Cityto improve rreduce costs, and improve I i efficiency and effectiveness. ort will also include possible rri implementation, ti r implementation estimated benefits.costs and These will be providedbased on our experience as fleet management experts and our work with clients over the past 16 years. First, we will organize andt our key findingsn clu ion in ll in Report hick we will deliver electronically(PDF)with up to fiveours copies N required. This Report will provide the City withthe opportunity to validate the factual accuracy our findings tion, if necessary, on specific conclusions and preliminary recommendations. We ill then proceed to the preparation of a revisedi ill incorporate feedback received from thei n the PreliminaryReport and additional investigation or evaluation r the Mercuryteam, if any, based on that feedback. The Draft Report ill be preparedin IVIS Word format. After providing an Executive Summary, the report will present our findings, conclusions, n ions for improving r i in each of the functional areas of fleet management outlined in Task 1.4 above. We will submit the Draft Report electronically (PDF format) to thefor review and comment. Our proposed level of effort assumes that the Cityill assume responsibility r furnishing all formal feedback on the Reportto us in a singlelin version using MS Word's Track Changes tools or a singledocument identifies specific i u r requested changes. All changes will be considered. We ill prepare the Final Report by makingvisions, as necessary, to the Draft Report based on the w6tten feedback received. The Final Report will include n executive summary. We ill provide the i it to 20 boundcopies of the Final Report(if desired), along with onein PDF file format. 7 Page 89 of 1037 Conipreelhensive Arvity i of Fleet Operaftis ' r OPTIONAL TASKS WITH TASK DESCRIPTIONS Conduct a Fleet UtIlIzation and RightelzingI (optional) The I of this ion I component of the projectis to ensurethat have the right types andquantities vehicles nequipment their current operating and service liv needs. In Component 1, we will examine vehicle allo ion and utilization management practicespolicy ands standpoint and analyze odometer and hour meter reading to determineif there are low-use assets in the that could be candidatesfor reassignment or disposal. In this ion l component of the project, out conduct "deeper dive" into fleet size composition, surveying the users of potentiallyunderutilized using Web-basedi ire, and making specifico n tion s to whether the scrutinized should be retainedi , replaced kh a different type of asset the next time they are replaced, reassignedto another user, or sold immediately. Task . : Collect We will begin by identifying an s that the City wishesto exclude from the rightsizing to . This i ll includes r law enforcement vehicles, h r emergencyresponsWpublic safety vehicles such as ambulancesn ck , and one- of-a-kind units vital to Cityion n rented commercially as-neededi . We ill then provide the Cityit i tosoft Excel-based template to assist it i assembling data we will require to analyze the utilization of and businessfor the remainder of the units in the fleet. These data include, by asset, VIN, license r other unique identification n r, year, make, model, vehicle , original purchase price, in-service r type (odometer or hour r), recent meter reading, t readingt , u (in miles or hours), maintenance and repair costs, and gallonsfuel consumedin each of the two most recent calendar or fiscal years. Our proposed level of effort and fees for this subtask are basedion that these date will be provided to us in a single Excel file in the format speciffied in the collection template. Task 2.2: Identify Potentiallyr till We ill perform statistical I of asset utilization data assembledin the previous task.The purposeI ill be to identify thoses in the City's fleet that, based on available usage date, shouldinvestigated r possible reassignmentto an existing or newly created r pool, eventual replacement with a different , or removal from theeither immediately or at the end of the i life the asset. We will stratify the in the fleet inventory r agency, n r type. We ill calculate various ti i on usage levels y asset class and, based on the findings of these analyses, will recommend the annual usage level for each class hick should serve as a threshold for separating assets that clearly shouldin i the fleet from those require r it investigation and possiblereassignment or removal. 18 Page 90 of 1037 Proposal to,Conduct Compmehensive Analysis of FWtetp ve"` b Task 2.3: Survey Users of Potentiallytill In order to decidewhether individual assets whoseannual usage falls below the pertinent threshold should be retaineds is, reassigned to a shared pool, or removed from the fleet, we ill develop additional information on their use and the businessneed for them using a Webbased questionnaire.The types of information we will develop for each in this survey group include the following: Frequency timing f the assees use • Typical times of use, including evening nhours • Seasonality of use • Ability to predict andn n the asset is used requirementsGeneral r the asset's • Typical nr of passengers • Types of passengers (e.g., City employees, VIPs, arrestees/in mates, etc.) • Criticality to the user's job r of the 's reliability Special characteristics of the asset's usage requirements • Need to respondto emergency callsfrequency timing such calls • Vehicle r (e.g., presence of CityIs and other markings) • Need for auxiliary equipment (e.g., light bar, radio, mobile data terminal, l r rack, tool box, storage bins/cabinets, securitye, etc.) • Security of asset andits contents • Need to transport materials, tools, and/or equipment that are not easily removed the asset so that someoneelse can use i Location • Proximity of the asset user to other City employeesi the asset might be shared • Proximity of the user to potential motor pool locations or a commercial vehicle/equipment rental facilities • Variability in the usees work placelocations travel stip ions (I.e., predictability to where and when the ill be availabler u ) • Viability of alternative transportation options such as afternativeI use, alternative propulsion systems, and future transportation o ions. Usees rating of the assers Importance to his/herftheorganization's job performance We ill draft the questionnairen submit it to appropriateofficials for review and approval and make changes necessary based on feedback received. ill post the survey on-line r approximately two weeks an viperiodic updates on its tus so that follow-up IIs can be made to agencieshos I ion of questionnairesr 1 Page 91 of 1037 Proposal mod ` Comprehensive ArWyals r:4 Fleet Operiedons °s their particular assets is lagging. In order to ensurei onsrecommend that FIVID arrangeto haveeach of its customer agencies that is asked to complete questionnaire r one or more of the sin to it to designatesingle it of contact (POC) to be responsibler ensuring that the those vehicles log on to and complete the -lin u form by an agreed-upon deadline. ill provide with regular status reports on the completion of thesurvey to assist it in following up with the POCsn nci completion of their questionnaires is lagging. Task . r Reassignment or RemovalfFleet Once `ty departments have I the on-lineill review the data for surveyedeach for completeness (following up wh r sary with agencyof of contact to obtain missing data) and then analyze the data in order to identify cific assets that we believeof i n to another user or to a motor pool or removed from the fleet. We alsowill identify assets included in the survey that we believecould be replaced with a more suitabler economical type of asset. Upon completing these analyses, confer in face-to-face meetingsr by teleconference itagencies to review andsolicit feedback an our findings n recommendations regarding the disposition of specific assets in their possession. The objective these meetingswill be to reviewdiscuss the reasonableness acceptability our survey findingsions in light considerations such as the following: • Any special operating practicesr circumstances thataccount for the low usage of the assets earmarkedr reassignment or disposal; and • Recent and/or anticipated changes in the organization's size, mission, work staffinglevels, or other operating needs and parameters that might mitigate ions to their fleet. On the basisthese discussions, we will finalize our recommendations regarding changes in asset assignmentsthat ill adjust the i iion of the fleet to a more cost-effective tion. Task 2.5: Quantify Cost Savings To the that v it I t permit,we will quantify the immediate recurring cost savings associatedwith implementing our recommended changes to current vehicle equipment assignments v II fleet sizecomposition. Task . . Develop We ill document our findings and recommendations i ri n report. This nt will recap how we conductedthe rightsizing n l i , our recommended changes to fleet size and composition, and associatedvin ill submit this to the City in draft form for review and comment andrevisions, as necessary, on written feedback !v ill provide the i 1 i in PDF file format. 91A NJ,UJ 2 Page 92 of 1037 ComprMeneve Analysis of RnertOperations Conduct a Fleet ! I In our experience, one of the most important things a fleet owner can do to promote cost-effective performance of its fleet is to have n effective fleet replacement . This uir , in turn, an effectivecapital financing since different financing approaches have different impacts on an organization'suand the use of some financing hos actually discourages organizations from replacing theit fleet assets i timely n r. In this component of the prcjill review t current replacement practicesidentify rtuiti for improvement. This includes an optional task of identifying i i replacement cycler key types of assets in the fleet. The I task of this optional project componentis the developmentmulti-year replacement plan for the C°ty's fleet which identifies I everycosts of individual asset in the fleet, by year, over the next 20 years. We will develop this planusing proprietary r program called (Capital Asset Replacement Cost Ane"is ). This plan will provide the foundation for 1) assessingthe appropriateness the current age of the the adequacy of current recentand replacement fun in s i levels; and 2) quantifying the costs andfiscal impacts of alternatives that the City could use to finance 1 the fleet, such as outright s and a lease-purchase (i.e., debt financing) program, in the The work of thistask will incorporate the findings and recommendations ing fleet rightsizing dev lop in Componentthe prujact the City electsv us perform that component. widely held principlefleet management is that vehicle I nt practices have significant impact an fleet costs andor impacts result from the that the total cost of ownership (TCO) of anyvehicle or piece of equipment dos not remainconstant over time. Rather, it is highvehicle is now, diminishesit r some periodtime until it reaches a minimum, n increase steadilythereafter. Graphically kin , the total cost of ownershipvehide takes theA. This is illustrated in the graph below, o life cost analysis that Mercury Associates rticl r type of truck in the public works fleet of a mid-sized US city. 21 Page 93 of 1037 Proposal ndu CaplltaL Operating 'row Cost Trwidlinasimplication hiprinciple is that (Single-(Single-Arle Dump Trudo organizationsthat keep vehicles 7, - equipment in their fleet beyond th point at which their TCO is at or near 20 'f a minimum -that is, near the bottom of the U-shaped curve - incur higher 77 than necessary costs. Accordingly, ° •_� increasing the frequency of vehicle replacements and reducing average � vehicle to vehicle n ° - assuming that vehicles ..- _ _-,-w- , _ I not already being replacedor near 1 1 1 the of Reps point at which their TCO is at a minimum. Mercury ion Is has been conducting vehicle n replacement studies since the 1 (i.e., at other consulting firms, long before Mercury was founded). conductedWe have uch studies for many of the largest citiescounties in the , along withi h r public andriv t r organizations. These studiesv consistently found that the averageis vehicle is minimizedin a local government fleet - taking into account the widevariety t types, from mowing equipment to passenger cars to policeI vehicles to refusecollection and fire trucks, that comprise such fleets-- is approximatelyto 9 years. This s that, t any given time, the averageit the assetsin such a fleet shouldapproximately the average replacement cycle, or 4 to 4.5 years. significant disparity n the amountthe Cityshould be and may actually be spending I t would beg a question: If thereis a large gap, how does the fleet continue to function?The graph shown above provides the answer. Many cities trade low fleet capital costs for high fleet operating - maintenance, repair, and fuel - costs, I - , in u i i indirect resulting from increased vehicle ni vehicle li ility and saftty, and reduced employeeu ivi . In addition, these entities usually v vehicles in their fleets then are necessary to most their business i spare vehicles needed in an old fleet than a youngn to ensuregiven level vehicle v it il° Consequently, modernizing a fleet not only reducesit fleet operatingit an organization to reduce the size its fleet as a result of improvements in vehicle li ili Ions in vehicle i . T - and cost savings - may be difficultto pinpoint in specific departments' linbudgets, h I costs to taxpayers nonetheless. Our experience performingn I studies v r the last 30 years suggests that the sumthe incremental capital and operatingn of (t say nothing indirect tin ) usually r exceeds the owner of that fleet avoids by replacing its fleet assets too infrequently. This means NAM 22f Page 94 of 1037 lltfi PropLwaal to Conduct Compmehenshfas Analysis of lore Openablons increasing fleet replacement spending usuallywill more than pay for itself ucin fleet operating expenses. Task . Determine In this task, we will quantify the futurereplacement costs of the v to i detailed, mufti-year fleet replacementplan—i.e., a projection of futuresreplacement costs based on appropriate replacement cycle guidelines. ill develop this planusing Mercury'si planning l i (Capital Asset Replacement Cost Analysis ). This employs ific parameters r assumptions and regression equations for specific types or classes assets in a fleet to projectI prices, residual values, capital (depreciation) h r pieces of information for each individual in fleet over a 20-year period. Thus, our determination of future fleet replacementill not be based on, say, the averagei n replacement cl " v "vehicle in the City's n parameters that are establishedr the specific types of assets in the fleet and on a completeinventory the assets that currently comprise this fleet. In conducting fleet replacement cost and alternativefinancing i r large cities, frequently establish such parameters for as many as 150 different assets.types of fleet In addition to ensuringrelevance our analysis resultsthe specific conditions(e.g., contract purchase riannual utilization levels, i vi n n , c.) that pertainto a specific fleet owner, this t r- analysis l us to perform a wide arrayof sensitivity anal our findings. For instance, n quantify the immediate and ongoin impact on a particularagency'sfor the entireCity's fleet replacement ulti from changingiv vehicle's replacement cycle from, , seven to eightreplacing one type of vehicle that currentlyis used to meet a particular u i s i different type of vehicle; or introducing It r five fuel or electric vehicles into the fleet as part of a fleet sustainability improvement initiative. We ill begin this task by 1pi nd submitting to FMD a data requestthat specifies the types of information n to develop the i I n and altemativefinancing analysis. Next, we will work with appropriate Cityofficials to develop the analysis parameters needed by CARCAP to project future vehicle 1 nt dates purchaseprices. Theseinclude, vehicle or class, recommended replacement cyclesint (months) and/or us (miles or hours); current purchase price, including upfding costs (i )® and purchaseinflation rate. We ill begin developingh by examiningb vehicle i tion scheme currently l o determine ° i il° r replacement cost analysis purposes. In our experience, some organizations employ class definitions that are too broad for this purpose. For instance, a classificationu 'Pickup Truck" or 'Service Vann may be adequate for the purposedescribing the composition of a fleet in general At 2 Page 95 of 1037 terms, ll r accurately projectingreplacement dates and costs of specific vehicles in specific City departments. This l the if the range of purchase prices and annual utilization levels associ it the vehicles h t fit into such categories is quite broad. At the time, like vehicles it similar purchase prices i classified differently significant differences in the way they are used. For example, backhoe—loader assigned to a parks and recreation department may be used r less andthus should have longer plI cycle n the same type of asset in a water utility departmentfleet. Where appropriate, illexisting l iios as the point departure for identifying the class to be used in this analysis. This may require performing i ti l analyses of original vehicle ri t annual usage levels t r in suitability the cur —to the extent that such data are available. the s codes currentlydearly too broad (or do not exist), we will classify the vehicles in the fleet inventory i l have v !oped in performingprevious I studies. nce we have completed the validation/refinement of exi i vehicle class codes and/or the developmentnew vehicle ill submit a complete ! list to Fleetr review, finalization, and approval. This list I °ll include I s® either those currently the City and confirmedfor reasonableness by Mercuryr cycles we have used in dozens of other fleet replacementi for large and small cities c the country. The finalization of the planning °Il entail identifying the estimated purchase price r each type of vehicle r which a separate class established. Our proposed level of effort for this task presumes that personnel will provide this information t on current vehicle r suitable information sources. If necessary, ti i I analyses historical vehicl uiiion cost date to develop these parameters, but there wouldb an additional cost for us to do this. Next, we ill use theinventory n ! t analysis parameters to develop preliminary r baseline replacement l r the entireit . This I ill project the replacement ch individual vehicle in the h time it masts the recommended criteriar replacement over the next 20 years. A samplebaseline replacement plan for a 900-vehiclemunicipal water utility fleet is shown in the following exhibit. 4 Page 96 of 1037 Proposal to Condtict Sample Baseline IC t Plan Gross Repkcemewft Casts I ff U, 6J � e e I I I i Nil 2915 W17 2018 200 NM 20M 20n IOU 2rA W=NZ ME ZDAI M28 � 2021 2M SOU FWGW WN i This i it is merely a graphical representation of the replacement plan, with each column showing the total annual cost of replacingII assets that meet or exceed their recommendedl ncycle in that year. The graph is based on a detailed whichspreadsheet Jected replacement cost for each individual asset each time it meets the user-defined replacement cycl urin the 20-year planning pedod. All cost amounts shown are in nominal oll . As this graph suggests, l find peaks andvalleys in future i requirementsto baseline fleet replacement pin fbr an organization. Even in the most homogeneous of fleets (and the City'sis far from homogenous), the confluence l vehicles it t rates of utilization and replacement costs rarelysus in an equal number of vehicles iestablished criteda IIbr replacement each year. Such factors often result in significant fluctuations in annual replacement costs. Moreover, backlogs of replacement , signified the above-average jected fleet replacement cost in the first year of the plan shown above, are n obvious result of an organization spending considerablyless then necessary o fleet replacement for a sustained rio time. For these reasons, we almostnever recommend that a clienti I lin replacement plan. Such a plan really should be viewed more as a benchmarikingtoot that indicates o II an organization has managedthe replacement of its fiest assets in the past and how much it should expect to spend in the future if it wants to replace these 0 01M 25 Page 97 of 1037 Pr ; l to Conduct Compre nehie Analysisof ka O en-3tJon assets in a timely r. Consequently, the next step in this task wUl be to fine-tune baseline plan in order to producerealistic, "implementable" plan that would eliminate any replacement backlog that may currentlyit over a reasonableperiod time n provide for the timelyI it the assetsin the thereafter. We will develop this plan by makingseries f adjustments to the timing the initial replacement of individual in the fleet to reduceto a manageablelevel to of replacement spending needs that we find, resultingin a final, " replacement plan. CARCAP has functionality for doing this, inclu i Iacement prioritization scoring system and a replacementI "smoothing" I that Il the user to systematically aju I n replacement dates for individual assets in the fleet t accommodate near and long-term budget realii smoothed version of the baseline replacement plan shown aboven be seen in the following i it. SampleIPlan Gras RopMement Costs ' - ,;: � ,mom 9 9 J I 1202a212?2= Solo n"WU son FI"Ynr Task .2: Compare Funding Requilrementsr Alternative Financing Once v finalized the replacementI ill use it as the foundation for quantifying n ring future replacementin (i.e., budgetary) requirements under various I r iv capital financing ur replacement ! nin program CARCAP is designed to calculate funding i y vehicle n r fbr each year of a 20-year analysis period, under each of several financing r , including outright s u h replacement reserve fund andc ; and financing. Specifically, the program can calculate replacement reserve fund ratesn bul AN 26 Page 98 of 1037 Proposal to Condtict CofnpreMenslve Analysis of Fleet Oper-afions loan payments based on user-defined ton durations andinterestrates, by vehicle year for the entire - r analysis period. We ill quantity and compare the net replacementi (i.e., )requirements under methodsthese i r and identify the financing r ch that believe would t beneficial to the Cityfrom fiscal (i.e., cash budget) perspective economic(i. ., present value t) perspective. The graph and tableto illustrates some of the additional outputs of this . The first exhibit I t funding i for the same 900-vehiclefleet whose baseline nd smoothed replacementIns are shownabove. The secondexhibit is a side-by-sidecomparison s —as opposed to an economic— perspective the u I the under three alternative I financing s. SampleSide-by-Side ri t Funding Requirementsr Alternative i 1 Financing (; ,h Pumhose v,Romerveu .Debt Finanobig (Notof ed'WNW*Sol* �_ I 40 ,I I Kill a6"�idi"k'� Ma M? OTO M"'M no RM XAN An M4 M. ,�; !'� ;�'�f M tau is,n ;a"�I 'a.,"�' MI Alma;"Nor MMADHWCMHPURCMM a 7 Page 99 of 1037 Proposal to Conduct Sample Comparison f Fleet Replacement Funding Requirementsunder Alternative CaI l Financing Approaches SIZE ON Capital Financing 2014 2015 2016 2017 2018 2018 2020 2021 2022 2023 Total 1....m Approach Outright Purchase i $6.4 1 $5.4 $5.4 1__$1.3 $5.31 $6.1 .1 .1 ..�,� s : Reseme Fund j . .1 [ ew.,. TE Lease Purchase 1.1 $1.7 1 $2.31 $2.81 $3.3 .1 $4.6 $5.4 1 $5.7 Capital Financing 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Total Approach Fund $5.3 $5. OutrightPurchase i 7 [ 7 7. 1. Rel , ®7 $5.9 $6.2 '� $8.3 $8.5 $8..$,:. $6 U9 $T 2 $7 3 $B4.1 TE sells Expressing the comparative costs of these three financing approaches in economic(i.e., present value ) terms is a simple matter of selectingsuitable for discounting future outlays under each approach. Task .3: Develop Study We will document our findings and recommendations in a written report. As in the two previous project components, we will submit this report to the City in draft farmfor review and comment and make revisions, as necessary, on written feedbackreceived. We ill provide the City withn electronic copy in PDF file format. Fleet i a cFacility i (optional) In this optional task, we would develop a detailed program of space requirements, space adjacencies, and facility characteristics for a now fleet maintenanceshop. The fleet maintenance facil° , the VII should be adequately sized, suitably configured, correctly equipped, and appropriately positioned. No amountn fully overcome facilities that are outgrown, disorganized, lacking in equipment, in the wrong place, and/or on a site that is unitl . The most remarkable contrib or to efficient and effective maintenance programs are the facilities. We will draw on the results the previous project n along with mom than two decades of fleet maintenance facilityspace programmingn st r planning experience to develop a program of requirementsr a now fleet maintenance facili r the City. U41 28 Page 100 of 1037 Pr poti to,Condtie, i(D ,mis of NO: Openatiorls In a typical maintenance facility in in by examining an organization's current t maintenance andit practices. Through our work in the previous to ill have a thorough understanding the activities to be housed in a now facilityincluding, for example, the sizer i ion of the maintenance workfor , the splitin-house r sublet rvi number shiftaf n r key objective, however, is to determine ways in whichthese activitiesimproved in recognitionthe fact that an organization's current work practices typically reflect the physical limitations of the facilities in which the activities r . It goes withoutyin ivi i housed in 60 to 100-year old facilities do not typically -t thinking o how to i a fleet maintenance it program. Consequently, the programmingfleet maintenanceili should alwaysviewed, in our opinion, as an opportunity t modernizeu iness practices as well as the physical setting in which those practices executed. Task .11: Develop Space Requirements Using the information and recommendations developed in the previous project components, ill conduct a space needs assessmentr those fleet activitiesthat will be housed in a now central maintenance facility. Our intent is to !den* space requirementsc nfacility layout for one proposed organizational configuration of maintenanceit activities, based on the recommendations developed in the previous components of this study. We ill develop net usable i r five general space types including: 1. Administration—addressing the employee's visitor's n (i.e., offices, files, workstations andr ) ° 2. Employee ii — addressing the needs for space dedicated ° is ll t the staff(i.e., restrooms, locker rooms and breakroome) 3. Shop defining, describing, n in the areas where the work takes place 4. Shop Support - addressing the space dedicatedto supportingtion (i.e., parts room, n libraries, fluid i tri ion, and too] ) 5. r— personal vehicle ing and work vehicle staging (i. ., employee and visitors in line, ready line, upfit, and decommissionedvehicle staging). We ill begin by identifying the number, types andi ys and other work spaces required based on projectionsi iti to be maintained in the now facility, projected annual volumes of work to be performed of fleet asset and type f work, n ri te ratios of bays per technician. This ill include identifying requit r servicing light and medium-dutyvehicles, h v trucks, construction equipment, ori n - 29 Page 101 of 1037 7 M iK:. • - • i l • Proposal to Conduc;t ` Sarnple FleetPlan — Repurposing ExistingFacility r 1 � 13 iB 10 fT a 2 _ 15 r `` 71 pad I Ex u � E 4 Task 4.3: Develop Facility Report We will document the program of requirementsIn a brieftechnical document and provide it to the City in PDF format. 31 Page 103 of 1037 Page 104 of 1037 Proposai to Conduct Cow- ensh/e Analysis of Meet Operations TAB 3: PROJECT TEAM Our consultants are the strength of our firm ando the foremostin the fleet management field. They tackle challenges ite a degree of technical sophistication n ! i I rigor that simply u I . They are recognized industry in virtually v fleet management including h operations, replacement planning, charge-back rat topment, space planning, finance, leasing, maintenance, information t c of , l including alternative and safety, . projectThe team that we propose for conducting this is shown in the table l . Brief i hi I sketches of each team member follow, and detailedu foundin thenix to this proposal. As can be seen, all of our project team members formerare local government fleet management professionals, which shouldiv the confidence t the recommendationsto in this roj ill not be just technically ou practical and impfementable. We will also utilize in our fir with subjectr expertise if required. If there becomes a need to change the pmject team we will advise the Cityn vi for any proposed now project team member. expectedThe level of effort by project team member and workIntask in in the ProposalPrice Breakdown exhibit in t Proposal. ject manager with day-to-day Tony Yankovich ponsibility for praject team direction and active involvement in all project tasks. Len r Manager ILead analystr assessment of fleet maintenance and repair practices. Keith t Senior Consultant Analyst for emergency other maintenance andir tasks. Gary Iv n Senior Consultant Support a na lyst for all prvject tasks. 01 ilk r Page 105 of 1037 Proposal 1 Cand c psi af Fleet Operartions Tony Yankovich is a Senior Manager in Mercury Associatesnearly experience management analyst andconsultant in the managementn public r. Yankovich specializesin serving S, state andlocal governments, universities and privatecompanies in the provision of fleet management consulting services, management operations reviews, 'I' i needs assessments, and development of facilities master plans. Current and record projectsinclude the City of Raleigh, ; the Cityl rin ; the City ; the City of Fresno, ; the City of Duluth, ; Venture County, CA andmany others. Mr. Yankovich has authoredr of fleet related publications and has presented at conferences.many fleet last two years he has taught day long cls o "Fleet Management 101" offered at the annual NTEA conference. . Prior to joining Senior Manager in the Fleet andFacilities Division of Eclipse, division Bucher, Willis & RatliffCorporation, and Senior Consultant it Maximus, Inc. Before beginningi n uli r, he worked for the Unified Government ndotte County and Kansas County, h e held I managementpositions in the Public Works, Operations Services, County Irk departments. He was the fleet asset manager for the City's fleet of 1,200 units. Mr. Yankovich's particular areas of expertiseinclude program v l tion; productivity competitiveness assessments; fleet replacement planningfinancing; maintenance facilities reviewsfacilities needs assessments. He holds a Bachelors Degree in Sociology from the University s. Lon r, a Manager with Mercury, has more than 35 years of experience public-sector fl r and fleet managementconsultant. Immediately beforejoining u in 2003, ,he was the General Superintendent 1� Maintenance for the Denver Regional Transportation District, where he managed a 2,200-vehicle fleet maintenance organization with 480 employees and an annual operating budget of$46 million. During his 20- r professional fleet managementr, Lan also held maintenance technician, i n supervisor, and/or fleet manager positions with the Town of Vail, CO; Jefferson County, CO; Lorimer County, CO; and the City of Colorado Springs. He is t Chairman of the Board of the RockyMountain Fleet Management ion. Len's rticul r areas of expertiseinclude in r tion planning nprogram evaluation, v hi life cycle t analysis, fleet replacement planning, and fleet maintenance i feasibility i tion and contractor performance evaluation and oversight. t l is workingon consultingassignments rnCounty, ° t ort AuthorityYork n Jersey; theiWilmington, , on other clients. Lon hold Bachelor's in Business Administration from Regis Univ (Colorado Springs, CO). 33 Page 106 of 1037 W( 5 tis Proposal to CondL-V. CornprahensWe.,ArralysfsoFlee,Operations Keith is a Senior Consultant in Mercury Associatess 30 years of experience in the fleet management profession. Prior to joining Mercury, he spent 17 years as the Director of Fleet Management for Pinellas County, FL, directing r t � an organization that managed and maintained a County-wide fleet of more than 3,300 units. Before that, he spent 22 years in public transit, serving as maintenance rit n t for units, in n technician n supervisor for a large local government jurisdiction, St. L. A former ASE-Certified Master Technician, r. Grant successfully avi t the transition from wrenchturner to enterprise-widemanager. He is experienced in the deploymentn t information sa s, fleet cost charge-back systems and revolving , vehicle n equipment replacement planning Is, automated fuel management systems, vehicle ion development, v hi l quisi i n, and regulatorylin r fuel sites. Mr. Grant possesses a combination of first-hand riwith, and deep knowledgevehicle and equipment technology, nexperience running large, successful fleet management organization t t is rare in the fleet management andmanagement sultin profession. Senior Consultant with Mercury, has 12 years of experiencein fleet management, including n a decade as a maintenancetechnician and supervisor in local government, transit, and state university operations. Before joining Mercury, he supervisedthe maintenance and repair of a large - vehicles, incl i i I, CNG, and Jhybdd-electric transit buses, and mediumvocational trucks, for Montgomery County, in suburban Washington, . His experience includes the development and implementation omaintenance processes and preventive int n , quality training t Mercury, Gary works extensively on projects involving i i utilization and , including determination vehicle life cycle optimal vehicle I cycles, of fleet replacementIns and modernization strategies, development and determination of the It rn iv u I vehicle ( ) integration plans, and development of activity-basedcost and charge-backt is for in-hour fleet managementhas recently served as the lead analystn AFV feasibility studies r such clients County, ; Lincoln, nix, Tacoma, WA; and Travis County, TX, andoptimal replacement cycle analysesr Mount IL and Washington, DC. Gary is an unusual fleet management professional in that he is an ASE-certified Master Transit Vehicle Medium/Heavy Truck Technicianwho also holds a Bacheloes in English withi in Physics andMathematics the University t t College r . 6W 34 Page 107 of 1037 Page 108 of 1037 Pmpos l Sup Conduct TAB 4: PROJECT APPROACH & SCHEDULE APPROACH TO THE PROJECT Our approach to this project draws an more than two decades of fleet management consultingri . It Y411 involve extensive interaction with FIVID employees, customer representatives, r project sponsors. In conductingthis study, we will utilize information collection and analysistechniques that ll into two broad categories: quantitative or measurement n rkin , and businessprocess pin n l i . Having conducted ulinprojects r more than 600 organizations, our consultants understand both the importance the best techniques for, collecting information efficiently and with minimal disruption to day-to-day work activities. The primary techniques in a fleet management practicesvi like this one to collectinformation on, and evaluatestrengths and weaknessesi , current businessi the ll i . Wrftn Infoffination Request. We beginproviding it information specifying the types documentary material (e.g., organization charts, kion descriptions, policy andr u c.) and quantitativet (e.g., work order and fuel transaction date, motor readings, etc.) we wouldlike to review. This requestill serve not only as a guider the Cityto followin assembling information r our review, enabling our project team to"hit the ground running" o site, but actuallynit h evaluation process itself. This is because the v iI bil° r lack thereof of key information on the fleet andmanagement business processesvi us with initial insights into the soundnessthose processes. For instance, the existenceformally documented standardin proceduresindicates that an organization has been proactivein defining managementivki to be performed, while the lack of such SOPs may indicate lack of sufficient stru u , clarity, n accountability in some areas management. Sample ) FNd Mam9araM Midy•Informalfta Requeg OmMist - i poor Moo ti'e tihe.ck, ' blmgc.M ." 'b, ti RNO-hillol M� O i T byC XB3 ar wed el d - M; mewed a +han. sn raM.• ■M r i A and stoke r¢Cnw N +.ar ll VMol two 35 Page 109 of 1037 Proposal to Conduct Cwnpr ensht�Ana�ysls of Fleet OperaDons x_ Interviews ; i . Face-to-Mce interviews nd focus group discussions I this type of evaluation. We will interview ploy involved in theit int nce and repair activities as well as representatives support organizations (i.e., procurement, sour c.) and customer groups as necessary. Site i i o amount of second-handinformation can substitute for first-hand inspection of facilitiesvehicles, n observation y - activities. Simply Ii through maintenance facilitiesobserving number, condition, and appearancevehicles waiting r service and/or waiting to be picked u ;the layout, , condition, orderliness, cleanliness the facility; and the general level toactivity all provide clues about the performance fleet management organization that give direction to our interviews, r mapping, andn l i . PedbrTnance ifiessumment and Benchmarking. v it il' r i , we employu tiv performance s nt techniques in every review we conduct, interpreting hresulting r ti i using suitable internal and in (if available and relevant) benchmarks. In addition to serving valuable di n is tool that helps us home in on potential problem reas and avoid devoting time i to areas in which current practices strong, r u objectivity nist n to our evaluation, and hence, credibility to our findings and conclusions. Business cess Mapping and Gap Analysis. The other key methodt evaluate nt practices andidentify ortii to improve lit lower costs is process mappingand gap analysis. This involves ascertaining 1) if and how specificmanagement and operatingprocesses formally rine , ) the soundness of their design—e.g., their logic, thoroughness, compliance withapplicable regulations, responsibility and authorityr execution, and so forth; ) their consistencyi industry best practices; and 4) the nature of their actual execution, which is a function of how they arecommunicated (e.g., h u oli n procedure I)and how employeeshold t 1 r following them. Based on the results of our evaluation, we recommend improvements that typically have both strategic and tactical i n ion . While the majoritythese usuallyrelate to the reengineeringof existingin-house in rocesses, we also may recommendchanges to the current mixin huse-performed and outsourced services, organization structures and staffing levels, - 1 infrastructure n management information st other conditions that overall fleet performancend costs, such as fleet size, composition, and age. 36 Page 110 of 1037 Proptisal N,6o- Conduct Sample a 77, ww h Analytical T of . Mercury has developed a number of proprietary tools that assist our consultants assess and evaluate fleet management operations. These tools range from our simulation based fleet replacementsolution called CARCAPm(CapRalAsset Replacement Cost Anabosis Program Tm), a life cyclen I is tool to determineoptimal replacement cycles calledCTM (Optimal elac nt Cycfe AnalyzerTm), a fleet rightsizing solution call eVAMTm (Electronic Vehicle Il tion Methodology), and many others. Our approach to conductingthe evaluation of the City's fl - !ated business practices ill be inclusive, interactive, and resuffs oriented. Our ultimate o I as fleet management consultants is for our clients improve their fleet management practices by takingion on our recommendations. This requires that the recommendations be practical and appropriate o the challenges andopportunities cin ific organization specific point in time. It also requires that stakeholdersnot only understand the n I i I methods, findings, n conclusions on which such recommendations are based, actually e ownership of proposedorganizational, busin process, and other changes. This ui , in turn, that we continuouslyinteract with and secure the cooperation and confidenceof an array of stakeholders both w° in FMD andin other organizational units.We will accomplish this through combination of regularlyscheduled meetingsprogress in which we brief appropriate Ject stakeholders on project progress and preliminaryfindings, n uion , and recommendations. We do not relyon general industry nc r or a onesize fits all approach. we understand the intricacies n ing and maintaininga fleet andthe challenges that organizations f hil the overall strategic concepts for maintaining a fleet are r 7 Page 111 of 1037 • p�4 r consistent for most municipal fleets, each organization unique conditions, operating environments, maintenancePolitical climates, . that considered. PROJECTE estimateWe I t Management Practices Assessmentwill take approximately 16 weeks to completej kick-off r receiving accepting all of the requiredn information as completec r our information request, whichever is later. Adherence to this timeline is contingento activities not only of the Mercury project the Citywell, including the timely delivery n material; scheduling of sitevisits, interviews; - and receiptri final reports. The three optional project components, if the CityI v them, wouldto the 1 a- week firneframe. The timellneis providedin the GANNT chart on the following 38 Page 112 of 1037 E E , e r I . _e .i. E 4 r I _y X_..... --mom,. ..,... ! xl I 01 420 iL go sj tv cd I — c J0, cV �. �-cv , � Ndi"� LL7r NC�3 I v. Page 113 of 1037 4 Page 114 of 1037 Propexasi to,Conduct TAB 5'. COST PROPOSAL Our proposed priceI l i i This includes all professional travel. The cost for the optional i iii iDetailed FleetIacement Plan and the Development of Detailed Space Allocations) included in the Price Proposal Bnwkdown providedfollowing . This it provides our proposedr l (including optionalit I of detailedanalysis that we have offered as part of the optional is not required reviewthese areas as included i I in the wishedevent that the City it analysis included in the optional sincetasks. However, Id be economies of scalei tperforming four components, we would be happy to pass the associated savingsthe rm of a 20-percent reduction in hours and fees. This maximumi is in aforementioned exhibit. If the City elects to have us perform onlyr two of the proposed optional iscount would apply. recognizeWe i is not an insignificant amount of money for the City to spend on a project.fleet management consulting However, we are confidentit savingsuncover cost ° ihaving this pmject and believei ill readily attest to the fact that this has been it experience illi i i r aplease our i modifications to our proposed approach to the project if the City wishes1 its overall cost or the cost of any particular of r proposed work plan. Page 115 of 1037 4,tt4Ile ly 40 IN, r I ....................... fj' t rV, Page 117 of 1037 REQUEST FOR PROPOSAL FOR COMPREHENSIVE FLEET OPERATIONS — .: 017-2510-IBRT PROPOSER ACKNOWLEDGEMENT Submit 1= To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. x 310 Boynton Beach, l Telephone: ( ) 742-6322 RFP Title: 1 —FLEET RFP Number 017-2510-1811T RFP Received By: MAY 29, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened In Procurement Servicesspecified ireceiving date and timeis scheduledr MAY 29, I nd may t be withdrawn within ninety(90)days after such date and time. II awards made as a resultf this RFP shall conform to applicablesections of the charter and codes of the City. Name of Professional: Mercury fates, Inc. I.D.Federal u r. 3- Corporation of the State of: l Gods:Area 301 Telephone Number Area Code: 713 FAX Number: -155 Mailing 7361Calhoun Place,Suite 680 i l l I : RGckvlLle_MD 2085 E-mail __Rkgri - .Corn Authorized Signature #a I. a rr` PROPOSALName Typed THIS PAGE TO BE SUBMITTED FOR TO BE CONSIDERED21 COMPLETE RFP No.017-2510-IBIIT Page 118 of 1037 REQUEST FOR PROPOSAL FOR COMPREHENSIVE ANALYSIS— FLEET OPERATIONS RFP No.: 017-2510-1811T FEE PROPOSAL FORM Proposers should use this fbnn fbr submiffing rw Fee Proposal, The following pddng Is submitted WWI induse to provide financial advisory services in accordance with the requirementS idenfified in this Soope of Work and as set fbrth in this RFP domiment The Pmposer's monthly fee for beneft consuffing services shall remain firm fbr the term of the Agmement. The option for renewal shall be exerdsed upon mutual agreement between Contractor and Cfty, by wrifien agreeffmnt Wth all original terrns and condiflons adhered to with no deviations. ............. ITEM QTY UNIT OF DESCRIPTION Af .SAL—PRICE MEASURE bT- EX m.m. .. LUMPSUM TOTAL N ....... ..CEED PRICE FOR ALL PROFESSIONAL SERVICES TO COMPLETE THE $ 42,280 EN71RE SCOPE OF WORK AND , FURNISH ALL DELFVERABLES AS DEFINED HEREIN. Proposer should also attach a copy of its rate sheet for use In pddng addidonal ser%kes as needed. Mercury Associates, Inc. COMPANYNAME ARUORIZED ftIGN—ATURE 519-0535 Pa,ul T. Laurla TEE&HONE NO, PRINTED NAME President E-MAIL ADDRESS TI-ME DATE THIS PAGE TO BE SU WITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLIETE AND ACCEPTABLE. RFP No.017-2510-18/1T Page 119 of 1037 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be Included in and made part of each RFF`document. Failure to comply with this Instruction may be regarded as justification for rejecting the RFP response. *attach additional sheets giving the Information I Name of Qualifier, Mercury Associates,Inc. 2. Business Address: 7361 Calhoun Place,Suite 680 Rockville, IVID 20855 3. When Organized: _92/26�2002 4. Where Incorporated: Maryland 5. How many years have you been engaged in business under the present firm name? — 16years 6. General character of work performed by your company. Mgrcu!:y Is a dedicated fleet management consulting firm.As such.we vqvide a wide range L_ of services from best practices studies to evaluation of maintenance and repair operations to fQcusedltudles of fleet-re 1 7. Enclose evidence of possession of required licenses and/or business permits. N/A 8. Number of employees. 25 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. _NZA 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE RFP No.017-2510-1 SAT Page 120 of 1037 12. Experience in performance of work similari Importance to this j . Project Value Cify.of Greshar7 r.Bernard Lee r 503-618-237 City of Raleigh, NC $92,930 Mr.Allen Simms - City of JamestownNY _$57,851 _ r. Patrick. , - x45 MY J i $53,740 Mr.John Witcomb 608-755-3110 13. Contracts on hand. * $3.7 1 . Largest completedi final ). ) US Department of State $1,630,937 4several ) it of Baltimore, I r . Lit all ! (related to similar ) or arbitrationwhich and which: None Tarose from performance: 2) occurred within the last 4 years. * number3) provide case and style: * i i ® v. signature) Name: I , M, I, -, (printed or typed) RAS�L- THIS PAGE TO u L TO BE CONSIDERED 25 COMPLETEL . RFP No. 17-2510-1 IT Page 121 of 1037 NON COLLUSION AFFIDAVIT State fi land County to ®} Paul T.Laurla beingfirst dulyn t: 1 i , Presidentof. urs I s,Inc. the qualifier I } (Name of Corporation or Firm) submittedwho has ,0117-2510-181IT for COMPREHENSIVE ANALYSIS FLEETif 2) He/She Is fullyinformed respecting the preparation andsubmittal and of all pertinent circumstances respectingsubmittal; Said is n i Is not a collusiver sham RFP; Further, the saidlifer nor any of Its , representatives, employeesr parties in interest, ii f in any way colluded, conspired, connivedr agreed, directlyr indirectly i qualifier, firm or person to u it collusive or sham RFP in connectioni for whichhas been submittedor to refrainbidding In connectioni r has in any manner, directly indirectly, r collusion or communicationsor conference with otherany qualifier,firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost elementr the RFP price of otherany qualifier, or to secure through any collusion, conspiracy, i r unlawful againstagreement any advantage i r any person interested in the proposed Contract; and 5) The price r pdces quoted in the attached bidit and proper and are not taintedn collusion, conspiracy, i r unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, I r parties i ! including i ( i ) Crdle)'____.tres1d�nt Subscribed and sworn to before me This "e day f 6 mare male 7110M ., ,# My i nI � WNW my C=1*dW i . _ ,gas THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED28 ACCEPTABLE.COMPLETE AND RFP No.017-2510-18/1'r Page 122 of 1037 CONFIRMATION IBUSINESS to be made a part of our files r future use and information. Pleasefill out and indicate in the appropriate spaces providedi r company. Retum this form withr bid proposal sheet makingit an official part of your bid response. Is your company a Minorityin Yes No If Yes, please indicate by an "X"in the appropriate box: ( AMERICAN INDIAN OASIAN ( ) BLACK ( } HISPANIC ( ) WOMEN OOTHER ,.. . ( ) NOT APPLICABLE (specify) Do you possess a Certification l' i r business as a MinorityBusiness? YES NO If i ion from which thistin was obtaineddate: isiiing Organization for Certification of Ce 1fi i IS PAGE TO BE SUBMITTEDPROPOSAL TCONSIDERED 29 COMPLETE RFP .017-2510-ISIIT Page 123 of 1037 CONFIRMATION - WORKPLACE IQENTIQ riauBMIEMLS Preference ll be givenbusinesses - I r two or more submittals whichl withquality, ireceived by the City f Boynton Beach or by any political subdivision for the procurement of commoditiesor services,contractual i t received from a business that certifies that it has implemented workplace program shall be givenin the award process. Established procedures for processing tie submittalsill be followedf the tied Professionals - drug-free workplace . In order to have - I , a businessII: 1) Publish a statement notifyingI t the unlawful of distribution, dispensing, i t use of a controlledis prohibitedin the workplacen specifyingi ill be taken against employeesfor violations f such prohibition. Inform f in the workplace, ipolicy f maintaining a dr - f available li rehabilitation, and employee assistancepenaltiesimposed upon employees for drug abuse violations. Give I in providingcommodities r contractual services that are under submittal a copy of the statement specified I ). } In the statement specifiedi (1), notify the employeet,as a condition on the commodities r contractual services that are under submittal, the employeeill abide by the terms of the statement and ill notify the employer of any convictionr plea of guilty or noto contenders to, any violation of Chapter 893 or of any controlledu law of the United t r any sWe,for a violationin the workplaceIr than 5 days after such conviction. } Impose i , or require the satisfactoryin a drug abuse assistancet rehabilitation if such is availablein the employee'si I o is so convicted. } Make a good faithto continuemaintain a drug-freeI implementation of this i . authorizedAs the person i certify that thisII lwith the above requirements. Professional's Signature THIS 1 3 COMPLETEL . RFP No.017-2510-18/IT Page 124 of 1037 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the Authority investigate and auditrelating i iperformance this contract, and in furtherance thereof may demand and obtaintestimony from Contractor and its subcontractors and lower fier subcontractors. The Respondentun in additionII other remedies and consequencesi 1 , the failurer or its subcontractors orlower tier subcontractors to fully cooperate withInspector General when requested deemed by the municipality ' I breach of thisjustifying its termination. Mercury Associates;,_Inc. CONTRACTOR NAME Y. Title: President Date: fife THIS PAGE TO BE SUBNOTED FOR PROPOSALT I 1 COMPLETEL FP No.017-2510-18/1T Page 125 of 1037 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Paul T. uri President ( officer of company) O tl f i r -- o Mercury Associates,Inc. I 7361 Calhoun1,Ste 680,Rockvill MD 20855 (Name of Corporation/Company) ( U i �r Certify l am an authorized representabve of the businessbehalf Business, it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question9 and Question below will qualify the businesslocal business. In support of this , i certify following t . NAME OF BUSINESS: Mercury Ass +a s,Inc. 1. Is ihi=b—us6 t i limits umber of Years: of Boynton Beach, Florida? X 14 2. Does the busyness have a business tax ME NQ Business License receipt issued in the current year? X x Number si i i ,...,–Florida- ivi i i F06000004472 I understand that misrepresentationin connection withi t may be causer removal from the cariffied local business list. I also agree that the businessIs i t o notify the City in writing shouldit cease to qualifylocal business. Print aulrl i to PURCHASING BusinessI r Established: Active. Verified : . THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETEL . RFP No.017-2510-18/IT Page 126 of 1037 L j 0 II 0 � �m ,- ° Ea LU Lua� r ® I .0 LLI 1 �I 10 ca W CL 0 .0 LL LU _ — �. IL 0 UA L- 00 u5_ ! .t CA LO 06 0 m I 2! Ccg 1 �. - j co Page 127 of 1037 r Page 128 of 1037 Propossal to Conduct, Compfahenshie Anatissisof Flest Operations APPENDIX LIST OF LOCAL GOVERNMENT CLIENTS, 2013-PRESENT PROJECT TEArd P.Asumts Page 129 of 1037 4P ,I •� E i LL. ® ix x X, X, i LL I I 42 c 0) CO! my I w � ,a �l = m �pl 0 U. LL � I m •- op . � �� �� W o -coo 21 e I C m � W I ! 1 I Ec U �; Ix X, ixI x,c a I ii i 1 K ' ' I ! I ' i i ! r ! 3 I ` i I i I ! I ! g f I I � Via! � a' ! I ' � ! I r ' i ! I I i i I I I. i® +Ij I f 1I -'i I 1 , r j l ! i i I I I I I f .—I Cal I ! colI0 Nal CLI ! i !® _ ad I ; I 1 I Er MIS ", I ® I �, I (' I I I I I , `0 W. 0 0 ,61152I Cm cFi di 01-1 I r EEO 1co' . m:� 0 MI-0 Elf Si w 06 i I ! __. 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II LLI 1 c I 1z 0, 1 0 CO. 0 u =0 0=1 E1. .. 81005MR1 I ?�'. 1 c .�I__.-1___! _I �P.�i__ ._. ._ _ ...._. . _�P < < oz I° z 0 :3 'S ZI c CIZ I i 3: 21 I c Cal 0 . 0 81 i 10 c 0 E E 101 e�—u a 101 o ail .. dl e - - 8 6 .._E 1:2 o E el.sj E' c <.u- E EJ.11�1 01 !1 0 X1 01 1 P'l 11 FL e c 0 .51 coo ow, co !a Mimi 1037 ololl La LE C c Vol m O a ,0 LL 4 c LL ® C= Im .9mmc '� w atLL ,- t �+ m � CID I E LL E 1 ! i ' Xgxl ma i LU 1 z zii i fr ®W?' ' Page 133 of 1037 Tony Yankovich Mr. Yankovich is a Senior Manager with Mercury Associates, Inc. with 3 ' " experience as a manager,analyst and oonsubnt in the fleet management and public works areas. Mr. Yankovich specializes in serving state and local governments, S universities and private companies in the provision of fleet managementconsulting services, management operations reviews,facilitiesneeds assessments,and development ciliti master plans. .r,' Prior to joining Mercury Associates, he was Senior Manager in the Fleet and Facilit Division Eclipse, division Bucher, Willis tl' Corporation, and Senior Fleet Consultant with Maximus, Inc. Before beginning his consulting career, he worked for the UnifiedGovernment of Wyandotteun and Kansas City, KS wherehe held several management positions in the Fleet Services, Public Works and Operations Services departments. Ekpordes • Performance measurement and benchmarking Mr. Yankovich has directed, managed andparticipated in evaluations of fleet • Facility m in and management i r large and small organizations c wide array of planning industries, including: • Fleet rightsizing • Cities of AnnapolisI ; Colorado Springs CO; Duluth MN; Fairfield ; F ill ; • Activity-based costingand Janesville , Raleigh IAntonio cost charge-back sFrancisco ; Saginaw MI;Toronto ON design • Counties of Bexar, ; Harford MD; Harris TX; Jeftrson ; Johnson • Vehicle I' a Loudoun ; C ; determination San Bernardinov ;Wake NC • Vehicle replacementcycleMichigan,Oregon,South Carolina optimization • Jackson Health System, NISH, i o , • Fleet replacement planning Transportation,Suncor Energy, UGI Utilities and modernization business se analysis • Departments y, Interior ISecurity • Universities of Cal Poly, Iowa, Kent State, Massachusetts, • Evaluation of alternativeState,Wyoming capital financing approaches - a y , . Education r. Yankovich has been involved in dozens of fl , replacement and alternative • Bachelor's Degree In financing i r a varietyclients. Key serviceshe has provided in this area Personnel Administration include determining optimal la nt cycles for specific tipas of assets; and Sociology, University of modeling long-term pia m nt ; developing business analyses to Kensas, 1987 justify modernization ms; and evaluating alternativeI financing Organluflone methods such as buy outright versus borrow us lease. Examplesthe • NAFA The Fleet organizations o he has provided such services include: Management Association • Cities of Baldmoren MA; Chandler Colorado Springs 00; • American Public Works GalenaIL; Philadelphia PA; Prince George BC; Seattle WA; Association Tacoma • National Conference ' Counties of Bexar ; Harris TX; Jeftraon oAngeles State Fleet Administrators ; Lou ; Travis Y"ev of Experience @ States of Now Mexico, Now York,Oregon, South Carolina,Virginia 3 • NASA, US Marine Corps • DC DepartmentIl • Orange CountyiAuthority s Page 134 of 1037 ti (continued) Activity-based costip h the centerpiecer. Yankovich's work in assessing the cast competitivenessorganizations' fleet management ; determining vin is with outsourcing (or i u °n ) specific fleet management funcUons,and evaluating and/or developing internal cost programs and rates. Some of the clients ith whom Mr.Yankovich has worked in these areas include: • ClUee of Baltimore ;San Antonio TX -. • Counties I; Montgomery , Venture + States of Michigan,Oregon,Virginia Z EM Mr.Yankovich has participated in or managed projects aimed at optimizingt size and composition for dozens of large ands all organizations. inent clients whom he has worked in this area include: • Cities of Baltimoreof • Counties of Boxer TX, Harris County TX; Jefferson L; Loudoun VA; Sarasota FL;Travis + States of California, Florida, Now York,Oregon • National Park Service, Marine • Kent i Mr.Yankovich has been developing fleet maintenance cil° r plans for over 40 years.The projects range from evaluatingcurrent facilitiesin support the fleet maintenance tion to developing detalled facility master plans that ldenft individual space requirementsand unique characteristics of each room, shop, area, etc. Projectscompleted include: • Cities of Annapolisof r ; Fresno CA; Gresham OR; Kent Louisville Pullman SiouxFalls 813, St Louis MO; Toronto ON,Vancouver ; Washington • Counties IL; Montgomery MD; Sarasota FL • State of Now York • Brownsville Public Utilities Page 135 of 1037 Lon s mer Len Bammer, a Manager with Mercury Associates, has more than 30 years of experience as a public-sector fleet manager and fiest management consultant. Immediately before joining Mercury in 2003, he served as the General = Superintendent of Maintenancer the Denver Regional Transportation i , ° where he managed a fleet maintenance organization with 580 employees and an annual operating budget of 6 million. During his 20-year professional fleet management career, Mr. Bammer also served as fleet manager for the Town of Vail, CO; Jefferson County, CO (northwest suburbs of Denver); Larlmer County, CO; and the City of Colorado Springs. He was responsible for developing and implementing vehicle maintenance programs, all vehicle replacements and disposal, multiple fleet maintenanceshops and fuel facilities including specialized s° s fbr CNG (heavy transit), fast fill, and propane. His particular s of expertise include maintenance operations planning and program evaluation,vehicle Iffe cycle cost analysis,fleet replacementplanning, and fleet maintenance outsourcing feasibil° in ion and contractor • Business process mapping, porlbrmance evaluation and oversight. evaluation, and reengineering• Performance measurement !RVEEEM anal i r m; ain n n nd to streamline and institutionalize and benchmarking shop activities. Deliverablesincluded detailed flow diagramsand step-by-step • Best practices evaluation guidance to improve uli and • Fleet rightsizing • Orange County • AcWbased costingand • Laidlaw Student Transportation cost charge-back system a British Columbia design . Canada Post Corporation • Vehicle Iffe cyclecost determination x - • Vehicle replacement cycle r. Barnmer has participated in a number best practices studiesr a variety of optimization agencies including , municipal governments, and private industry. These studies included business mapping and gap analysis, process • Maintenance operations development, and implementation planning. analysis • Technical cifl tions and • Suncor, Columbia IRailroad vehicleacquisition . Cities I I Wilmington I I ;Toronto ON; processes n Glendale ;Odessa MD;Janesville, ; • Fuel management systems Raleigh, NC and supply controls . Counties of BaxarLoudoun ; Chester ; E ucatk r Jeftreon Parish, LA, Lane County, ; Harford County, MD • S In Business • States of Alabama, li i , Florida, South Carolina Administration, Regis University, 1990 • Port Authority - Jersey organizations . Orange County TransitAuthority,CA • RMFMA, RockyMountain ® Canada Post Corporation,YukonPrince Fleetn eeAssoc. (past RegionalC l n) . Melbourne Fire ,Australia ars` • Public UtilitiesBrownsville Fleet Manager of the Year, Goodwill I r 1997 ® Resorts YearYearsof Exfwrienem 42 Page 136 of 1037 Len Bammer int All (continued) r Mr. Barnmer has conducted or pargelpated in an extensive _ list of flee replacement studies and development of optimum replacement cycles.A brief list of clients includes: • Cities of Wilmington DE; San AntonioSacramento CA • Counties of Jefillarson Parish ; Los Angeles • States of ll i ; Rhode Island DOT • Orange Countyit Authority,CA -- x Mr. Barnmer has participated in numerous projects that included it analysis life cycle costs,total cost of ownership,and analysis charge-back rates and methodologies. He has determined °v° competitiveness of various organizations and has done comparative analysis of internal costs versusout sourced costs. These projects included maintenance r shop operations and fuel support operations. A few of the clients he has provided analysis include: • Cities of Wilimington ; Brownsville 7X;Glendale AZ;Sacramento CA; San Antonio TX; Surrey BC Fire;Janesville,VdI • Counties of Boxer c a Jeftmon Parish • Los AngelesCounty n ut (industrial rebuild) • Baldwin EMC,CommunityMedical Services • Alabama Department of Corrections Throughout r.Barnmees career as a professional fleet manager and as a fleet consultant h has been directly involved in the research and development technical specifications for a wide array of vehicle and equipment , including is fleet vehicles, specialized utility and construction equipment, emergency hicl r police and ambulance operations, and specialized fire apparatus. Examples of the organizations whom he has providedsuch services include: • Cities of Colorado Springs CO;Willmington DE;Hamilton Township ; Prince , BC • Counties of JeftmonCO; L rl r a I • Gompers Habilitation Center,SUNCOR, Denver RM Fm g Mr. Barnmer has participatedIn a large number of fleet rightsizing studies aimed at determining appropflate compliment of vehiclesin the fleet and ensuring that the type of equipment Is appropriate for theorganization's mission. Examples include: • Chies of SaltI ; Wilmington ; Colorado Springs CO ' • Jefflerson Parish LA. • States of California, Florida,and Now York • Seattle PublicUtilities Page 137 of 1037 Keith Grant I ` Keith Grant is a Manager with Mercury Associates, Inc. Over his more than 35 -year test management career, he has directed and supervised large local government and public transit fleets. A former ASE-Certified Master Technician, Mr. Grant successfully navigated the transition from wrench tumor { ' to enterprise-wide fleet manager. Mr. Grant possesses a combination of first- hand rst hand experience with and deep knowledge of vehicle and equipment technology and fleet management organization n e ent that is rare in the fleet management and fleet managementconsulting ion. Prior to joining fl , he spent 17 years as the Director of FleetManagement r Pinellas County,FL,directing an organization that managed and maintained County-wide o than 3,300 units. Prior to that, he spent 22 years Expertise in public transit, serving as maintenance superintendent for a fleet of 400+ units, n s a maintenancetechnician and supervisor for a large local • Deployment and use ent jurii ion, St Petersburg, L. management i ion systems • Performance measurementr. Grant has served on project teams fbr evaluations of fleet management and benchmarking practices for large and small organizations. ' s included evaluationgovernmental including: • I rightsizing . Chi • Activity-basedn es of Baltimore MD; Toronto ON + Cou n t ca - VA and revolving funds • States of Now York,Oregon • Vehicle and equipmentFire Department Orange CountyI cuDepartment replacementplanning I I Fire Department models a Sarasota County • Vehicle specification • Gulf development + Lighting Maintenance, Inc. • Vehicle acquisition • Fleet inventory and parts management i r. Grants lengthy career and expertise a in fleet fuel management n • Automated I regulatory compliancehas allowed him to serve on multiple projectr management s s studies fbeusingon fleet fuel management practices, and infrastructure. Much • Fuel she management andthis work has been done as part of larger,comprehensive fleetmanagement regulatory compliance best practices studies. r, specific projects which incorporated fuel management part t studs Incl • Maintenance Strategies • Citi ;Toronto ON; Strafford CT Education • County Pinellas L • St. Petersburg Coll • Lighting MaintenanceInc. Business Administration, • Olympia Firent Computer L° I Qualityn nt 3 m • ICMA Performance r. Grant's expertise in flog inventory n parts.x n nt strategies has Measurement II i on multiple projects for studies focusing on fleet + Emergency Management inventory n parts management , and infrastructure. Much of this Institute, 100100& work has been done as part of larger, comprehensive fleet management best 1800700 practicesudi r, specific projects whichincorporated Inventory n managementparts spit of these studiesinclude: Page 138 of 1037 (continued) + National Institute r • Cities of Baltimore ; Stratford CT Storage Tank Management • County of PinellasCounty L • ASE Master CT u fied • I Olympia i n Fire Automotive& &Rescue Department Technician • General Motors Cartified • Lighting MaintenanceInc. Truck and Technician "Years xp ience r. has extensive rien in fleet preventivemaintenance has 7 allowed himon multiple project m r studies focusingon fleet preventivemanagement iMuch of thishas been done as part cyf larger, comprehensive ffeet management best practices studies. However, specific projects whichincorporated preventivemaintenance practices vi studiesas part of these include: • County Pinellas • Cities • Kent FireOlympia ICounty i • Ligh1no MaintenanceInc. Mr. Grant's expertise in fleet maintenanoe includes 22 years in public transit, during which he served as a maintenance urie , shop supervisor, and a Master ASE Certifiedtechnician. As such he possesses a combination of first-hand experience with and deep knowledge of transit vehicle and equipment hnol y and transit fleet operations.This xrin allowed him to serve on project teams for studies focusing on transit fleet maintenance and repair practices. Much of thishas been done as part of larger, comprehensive t management best practices u r, specific projectswhich incorporated transit maintenance and repair practices reviews as rt of them studiesinclude: • Pinellas c t oCounty Transit Page 139 of 1037 i - Gary Nalven Gary Nalven is a Senior Consultant sci r. Nalven has 1 years of experience in fleet management, Including o n a decade as a maintenance nici n and supervisor in local government, transit, and state university fleet operations. At Mercury, he works extensivetyn projects involving analysis of uant' tiveinclu in the determination vehicle I' e , t determination optimal vehicle replacementes, the developmentfleet , , , ..,. replacement plans and modernization strategies, and the development of activity- based t and els for fleet management organizations. Before joining Mercury, r. Nalven worked as a heavy-duty chnici n and supervisor r Montgomery County, MD. His experience includes the development and implementation maintenance processes and preventive maintenance, qu li assurance,and training programs.He is an ASE-certified MasterTransk Vehicle and perdee Medium/Heavy Medium/HeavyTruck Technician. a holds aBachelor's in English with • Fleet replacementplanning ino in physics and mathematics e University of Maryland at College Park. and modernization • Statistical n i • Mathematical modeling Mr. Nalven has experiencein analyzing anddeveloping fleet l . • Vehicle life cycle cost He has assisted clientsin creating multi-year replacement plans, developing determination charge-back systems, evaluating soanarios of varying nt funding, and analyzing replacement financing options. Clients fbr whom these services have been provided • Vehicle replacementinclude: optimization • Counties ! , , ; and Travis,TX • Performance measurement • Cities of Alexandria, nix, and Raleigh, and benchmarking • Fleet rightsizing • Activity-based costingActivity- n , cost charge-back system r. Nalven is currently a ` on fleet n best practices studies, design involving n measurement n benchmarking, • Evaluation of altemativeanalysis,for various clients. His hands-on experience in fleet management includ capital fin ncin t of preventivei n n procedures and schedules; evaluation and approaches lop nt of technician training programs;and dataanalysis and benchmarking. • Preventive maintenance Cli r whom he has worked on best practices studiesinclude: program development and . Counties L )and Travis, shop operations . Philadelphia EduceUon • Housing AuthorityI i , MD • B.A. in English, minor in a g Mathematics and Physics, r. Nalven is experienced in conducting fleet sizeanalysis. His work includes the University land, use client bin with survey and interview ul determinations College Park2007 of appropriate size based on factors of usage andcriticality. He has worked on fleet rightsizing studi r the flollowing.clients: Years W' ', dance • Counties vis,TX and Orange, CA 12 • To coma PublicUtilities • Housing Authorityof Baltimore, MD Mr. Nalven's work includes studieson fteet fuel management and aftemativefuel vehicles.These studiesInvolved the developmentmodels for AFV Page 140 of 1037 Gary Nalven WL W (continued) replacement and infrastructure; assea o future AFV technologies;and quarytification of emissionsfleet operations. He has worked as load consultant in AFV studies for the followingclients: • Cities of Phoenix,AZ and ,OR • Travis County, TX • Public utilities including Iia Utilities and (CA)Sanitation NI Mr. Neiven has worked with variousclients identffy andlower life cycles r their fiests by using activity- in , key performanceindicators benchmarking. He has also providedanalysis support expert witness testimony regarding the total costs of ownership for employees who were seeking reimbursement r the business their personal vehicles. Clients for whom servicesthese n provided include: • Counties of Howard, MD and Orange,CA • The law firms of WeInhausis II&Jenson,andDiversity Law Page 141 of 1037 6.D. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-086-Authorize the City Manager to apply for and execute agreements and documents associated with the Kompan Let's Play Grant on behalf of the City for a grant amount of up to $50,000. EXPLANATION OF REQUEST: The Kompan Let's Play Grant challenges applicants to dream and create an innovative, inclusive playground, or an interactive fitness area. Oceanfront Park playground renovations will include new accessible play features, as well as opportunities for more family interaction and fitness. The City of Boynton Beach proudly provides accessible programs and amenities to all members of the community. For the Love of Surfing; a free program developed by Future 6 Helping Hand Fund, Inc. brings together families and volunteers from the community monthly to teach children with special needs how to surf in a fun and family-friendly environment at Oceanfront Park. To enhance collaboration with community groups such as this, the Recreation & Parks Department is applying for a grant for new playground equipment by KOMPAN Inc. The City's dream playground would include the Tipi Carousel with Top Brace to provide children with Cerebral Palsy a safe, spinning experience. Children with Autism would also enjoy the sensory experience of spinning and having musical components such as drums in the playground equipment. The Dolphin Springer would complement the oceanfront location. The dream playground would also include fitness equipment, so the entire family can be active together while enjoying the ocean breeze, with children of different abilities playing and interacting together. The grant application deadline was May 31, 2018, and there was not sufficient time to bring the application before the City Commission for approval. Therefore, in accordance with the Administrative Policy on Grant Management(APM Policy#1.02.13), the application has been submitted, with the ability for staff to remove it from consideration if the Commission does not approve to move forward with the grant application or project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This grant will assist in funding improvements to Oceanfront Park. The new playground adds inclusive play components for children with disabilities, so that all children can enjoy playing together. Fitness pieces, such as chin up bars, are also included, so that adults can be active while their children are playing. FISCAL IMPACT: Budgeted Budgeted The Kompan Let's Play Grant provides up to $50,000 of the eligible project costs. The cost to purchase and install the playground is estimated to be $150,000. The City is requesting $50,000 in grant funds. The balance of the playground expense is included in the Capital Improvement Program plan for FY2018/2019 ALTERNATIVES: Do not approve applying for the Let's Play Grant Page 142 of 1037 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $50,000 ATTACHMENTS: Type Description D Resolution Resolution approving Grant Application for Korman Lets Play Grant D Attachment Kompan Lets Play Grant Info D Drawings Playground description D Attachment Playground location D Attachment Admin Policy Grants Page 143 of 1037 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AGREEMENTS AND DOCUMENTS 6 AND APPLY FOR A KOMPAN LET'S PLAY GRANT IN 7 THE AMOUNT UP TO $50,000; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, The Kompan Let's Play Grant challenges applicants to dream and 12 create an innovative, inclusive playground, or an interactive fitness area; and 13 WHEREAS, the City of Boynton Beach proudly provides accessible programs and 14 amenities to all members of the community; and 15 WHEREAS,the grant will assist in funding improvements to Oceanfront Park which 16 will add inclusive play components for children with disabilities so that all children can 17 enjoy playing together; and 18 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission approves and authorizes the City Manager to 25 sign agreements and documents and apply for a grant from Koman Let's Play Grant for 26 funding improvements to Oceanfront Park. 27 Section 3. This Resolution shall become effective immediately upon passage. 28 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\1CC43792-BF30-41C9-91C9-12FC207F9564\Boynton Beach.11115.1.Kompan_Uts Play Grant - Reso.Doc Page 144 of 1037 29 PASSED AND ADOPTED this day of , 2018. 30 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Christina L. Romelus 39 40 Commissioner—Mack McCray 41 42 Commissioner—Justin Katz 43 44 Commissioner—Joe Casello 45 46 47 VOTE 48 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 58 (Corporate Seal) 59 60 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\1CC43792-BF30-41C9-91C9-12FC207F9564\Boynton Beach.11115.1.Kompan_Uts Play Grant - Reso.Doc Page 145 of 1037 KOMPAN I Matched Funding Grant Program-Information,T and Conditions I Matched Funding Grant Program-Info... Page I of 3 About KOMPAN Vkmpan) In the Nam Vnew4 Carom Vearem-global-monu) Catak*s Vcakdog* Contact 11"awd4ompon) Spam Parts Mp.//wzoparts.kampan,=W@rv-W Q (tswrh) W y=) Home MATCHED FUNDING GRANT PROGRAM - INFORMATION, TERMS AND CONDITIONS General Overview of Matched Funding Grand Program As part of our commitment to bringing Play to local communities,KOMPAN Inc.is offering up to five recipients the opportunity to be awarded a grant for qualifying projects;consisting of 100%matched funding,subject to the terms and conditions below.The selected recipients will be granted 100% matched funding for their KOMPAN Inc.playground or fitness project and qualifying KOMPAN Inc.services,up to a maximum value of$50,000.Value Is based on list price. Qualifying equipment is all standard KOMPAN Inc,playground and fitness equipment—custom equipment is not eligible for matched funding grants. Qualifying KOMPAN Inc.services Include surfacing and Installation. How to pwflc4x" To apply for the Matched Funding Grata,you will need to fill out the Matched Funding Grant application form located on our website hem Oats- plaip-9mrilli.You must also meet all entry and eligibility requirements and describe your ideal playground or fitness project In 200 words or less. Grantees will be notified by phone In June 2018. B"WW E110blity ReWiremerft Each project must be able to commit to 100%KOMPAN Inc.equipment and services Including Kompan surfacing and Installation. Qualifying services do not include any future repairs. The participant has budget for the entire project secured or will have It secured by May 31,2018. Each project has a minimum value of at least$30,000. Completed Matched Funding Grant application must be received by KOMPAN Inc. via submission though the website link listed above by 5;00 p.m.Pacific Time on May 31,2018, The participant must be ready for equipment Installation to begin between June 1,2018 and December 31,2018. Ready for equipment Installation includes but is not limited to the following:Customer is responsible to do all site work prior to Installation.I Please do not Install any surfacing materials prior to the equipment dig and installation process.I The site should be as level as possible and MUST have no more than a I"(inch)in 10'(feet)slope or change in elevation over the full length and width of the playground area.j NO overhead 03'6'or lower)or underground(wilhin 3'6'of surface)obstacles.I Customer is responsible for removal of any existing equipment obstacles prior to installation.I Additional Installation expenses may apply if hard rock/ledge Is discovered at time of Installation.Additional Installation charges will qualify for the 100%matched funding grant,subject to the$50,000 maximum grant limit. All applications that meet the criteria will be evaluated 50%on the 200-word description of their dream playground or fitness project and 50%on their suitability for funding from a she visit,which must be conducted before June 8,2018. Additional terms,conditions,and eligibility requirements apply and are set forth below. Dwmptkm of Dreon Mayvamd The 200-word description of your dream playground or fitness project Is part of your application on the website here Vhds�play-graM and will be reviewed across 5 categories,with ten points possible In each category. Creativity(20%);Imagination and original Ideas within the description of your dream playground or fitness project. Community Spirit(20%):Sense of community Identify and spirit created by the playground or fitness project. Play Value IN%):How will the playground or fitness area support child or personal development as well as being kin? Inclusive play(20%):How will the playground or fitness project accommodate multiple ages and abillfiles? Environment J20%1:Descriptions of the surrounding environment and how the playground or fitness site will complement this area. 5118 V1* Following the successful submission of your application via the website page and verification of eJ]glbllhy,we will arrange a she visit(subject to avallablifty)which will involve evaluation of several categories and must take place prior to June 8.2018.In the unlikely circumstance that a site visit is not possible in the given timeframe,KOMPAN Inc.reserves the right to request additional site-specific information from the applicant that addresses the categories for she Visit consideration.The categories for consideration are: Impact of new playground or fitness equipment on the community and visitors. Quantity of people in the community the playground serves. Location of the new playground or fitness park. Is the location central for the whole community of users? Will If be accessible to people of all aWlities? Are the site conditions suitable for playground or fitness equipment.? https://www.kompan.us/matched-funding-tffms PaM61kn' of 1037 KOMPAN(Matched Funding Grant Program-Information,Terms and Conditions I Matched Funding Grant Program-Info... Page 2 of 3 Does the new playground or fitness park project complement the goals and oboctives of your organizarilon? sellec"M P Applications will be marked 50%on the 200-word description of their dream playground orfitness project and 50%on their suitability for matched funding from a site visit.Please see Site visit section above for further information. Gerwall Temn and Cond1ftim NO PILIRCHASE NECESSARY TO APPLY FOR A MATCHED RJNDING GRAW. Vold where prohibited. Offer is only valid for proposed projects to be located within the 48 contiguous United States. All applicants must be at least eighteen 1181 years old. Employees and contractors of Kornpon,Inc.or any of its affiliates and members of their immediate families are not eligible to apply. Matched Funding grant recipients will be selected from eligible entries at KOMPAN's sole discretion. Matched Funding grants cannot be transferred or exchanged and there is no cash alternative.This offer cannot be combined with other discounts or special offers. Apart from any Matched Funding grant awarded under this program,Kompon shall not be obligated to compensate applicants in any way. Grant recipients are solely responsible for any taxes,including income and/or sales taxes associated with any Matched Funding grant. PermWorlis By submitting an application,the participant grants KOMPAN Inc. the right to contact them regarding the Matched Funding grant program and other marketing activities. Applicants also assign all rights,including copyrights,to their applications materials to Kompon,Inc. Kornpon shall have the sole right to use,after,and/or publish submitted application material and/or Information supplied by an applicant. If an applicant is selected for a Matched Funding grant,he or she further agrees{individually and/or on behalf of any inclivicluallsL entities,or organizations he or she represents)that Kompon may publish the nameW,likeness(es),and/or description(s)of the applicarills)and/or the proposed or final project conditions. Apart from any Matched Funding grant awarded,Kompon,Inc.shall not be obligated to compensate any applicant or grant recipient in any way for the use of Information or publicity. WKkintinifficailillon and Hold Harmlew All applicants Undliviclually and/or on behalf of any InclivIdual(s),entities,or organizations he or she represents)agree to indemnity,defend,and hold harmless KOMPAN Inc.from any third-party dalims arising from or related to the applicants Participation in the Matched Funding grant program. In no event shall KOMPAN be liable to an applicant or grant recipient for acts or omissions arising out of or related to the Matched Funding grant program or the applicant's participation In the program. For any questions about the Matched Funding Grant Program,contact us at 1-800-426-9788 Matched Funding Grant Program hosted by.KOMPAN Inc,821 Grand Parkway,Pflugerville,TX 78660,Phone:1-80(1-426-9788,Email: omWs@kwvipcin.com bricilillo.Awd"kamparLimm) CXJR TEAM IS READY TO HELP YOUI Our team of experts would be happy to help you with your project- ASK THE B(PLUS (/find-your-local-consultant) hnps://viww.kompan.us/matched-funding-tenns Pag&)AT8 of 1037 Oceanfront Park C77T]TFF Project. Date: 06/14/18 Cm I Model: As Noted Emm Rep: KOMPAN-Kade Moffitt Designer: HenScu z1'9ttWMN W Aa r,UtA sga4a,ee& 'a --—,l..",.aw a WCxi C.1—KOMPM Steps Stop's by 3V-3. FSW101 ARCA:817FV WGIOU LENGTK 112'_6' 1 1517—) pip 11,4r Cambi 1104 AREGTF3l A: 349 FF 10 LEN �270'.0' PCMIO08(14EWF kWa T.sverPHY POM103 Dolphin GXY960 SUPERNOVA -C' 104'W' (31a7-1 ELE40OWBI. Trip,Carousal GX'8014 71'J' Z PCM20033867 Mega Dee;; Tow., D041-1 Page 148 of 1037 : . . . . ..., . . f. - � � y- \ . :. - �`\ �� \\ - � Page 149 of 1037 a, „}7} M ' }1�Rpm�m�� , t l I i i„ a i� �t Page 150 of 1037 x n z�. f'1j w u y. r T s a s,s s .p Page 151 of 1037 5 7 c ' J t°' { 4,t r �t tsr r { Page 152 of 1037 iSA�rfil:�r � g� v. l:r 2� i I. ttt s t r ���24i�1�r1l+ t A Will t rr + N19 MCI i Page 153 W 1037 Product t I LL 1 1. 4 -0 w�� VIP, } it i } � r Nmoof � y � s Page 154 of 1037 KOMPAN Produdl f a PHY - Best User A � Elevated Accessible Elevated Accessible Ground Accessible Ground J Activities:4 Activities Level Activities Level Play Types Footings:In-ground posts a Surface installation also available < Present 4 1 t Technical information available at kompan.com < Required 2 t1vai la1)Io Options: Classic Nature Urban Post Single Shell, fiOttWe Slide Y iQ r 51 27'-5" [837cm] L� 15'-6" d _ [472crn] 3'Y 1 100cm ! ••10'-7"1321 cm / '-0" \ 523fV/48.6m' — [1 S3crrr] \ 1f3"=1,-0„ 26'-9" 14-8" [316c m] [44 crrt] 6'--0" [1 3cm] " 6 6 \ ffiM p \ '-0" \ [133c ] *=Nighest designated play surface. Product development is an ongoing process. =Total height of product We reserve the right to make modifications IP IPEMA Total area of safety zone, on all our products This product may not be Highest designated play surface,space required and mirrored,scaled or altered in any way Safety A total area of safety zone are according to ASTM F1467 zones must be retained fe�rproper placement P1 7 4 ofequipMent Ifany changes are required, Equipment must he installed over ies8hentsurfacing please contact your KOMPANreprezentative appropriate to the safety guidelines in your area at 1800.426.9788, To verify product cttli6ieatvon,visit rouww..i;acrtt�.t�r, Page 155 of 1037 KOMPAN Product Info TIN -- EEO 065 Best User Age: -1 years" (a Elevated Accessible Elevated Accessible Ground Accessible Ground Activities:0 Activities Level Activities Level Play Types Footings:In-ground posts < Surface installation also available 4 Present 0 1 i Technical information available at kompan,com Required 0 t I �`l a� I� r� rm� I Blue Green 22,-(Y' fi [670cm] T-11" [120cmil 9.-W f [275crri] X11, 22'-0" 3'-1 [o70cm1{120€ Grey ELE40ltpf5 \. `""3801 135.3m* =highest designated play surface Product development is an ongoing process.We avrs M �� pig G s =Total heightofproduct reserve the right to make modifications on all IPS $ our products,This product may not be mirrored, CEff,SqF ED CE REDttighestdesignatedplaysurfacearodspaterequired scaled oralteredinany way Safety zonesmust AS 6 are according to ASTM F1487. be retainedfor proper placement of equipment FT Equipment must be installed over resilient surfacing ifanychanges are required,pleasemntactyour appropriate to the safety guidelines in your area KOMPAN representative at 1800 4269786. To verify Product eerdfication,vinic w,lpersna.0r5 Page 156 of 1037 KOMPA Product Info GXY8014 Best User Age: 5-12 years ADA Elevated Ground Level Ground Level ANALYSIS Activities Activities Play Types Footings:In-ground installation Present o 1 Surface installation also available Accessible 0 1 Technical information available at kompan,com Required o 1 �dl BSS}y�y ;i Sl. to ia 4`s fly'• ] is r 1. 13'-8„ [416cm] ` 11-6. 1— I [45cm] ` GXY8014XX-xxl7 / 3'-3'!100c / 5'-7"J 169cm 147ft2 J 13.6m' / 1J8"=1,-0" r'- *=Highest designated play surface Product development is an ongoing process, =Total height of product We reserve the tight to make modifications =Total area of safety zoneon all our products This product may not be rumored,scaled or altered in any way,Safety 'CERTJFIED CE, RED Highest designated play surface,space required and zones must be retained for proper placement ASTM total area ofsafetyzone are accordingtoASTM F 487 F17 of equipment Iffany changes are required, Equipment must be installed over resilient surfacing please contact your KOMPAN representative To verify product certification,visit www.}treai,.«rg, appropriate to the safety guidelines in your area. at 1,800 426 9788 Page 157 of 1037 KOMPAN Product Info Supernova - 1 Best User Age:5-72 years yr Elevated Accessible Elevated Accessible Ground Accessible Ground !� Activities:0 Activities Level Activities Level Play Types Footing Information:In-ground posts. Surface installation also available. Present 1 Technical information available at kompan.com Required 6 y £ £ uj' s ai t 41 hilt S r j {Fu Green °I a 'r11 r i t Black o � Blue 6'-9" [206cm) O / [ 76cm] GXY916 � t 290.5 ft'126.1 M2 2'-0"160 cm 2'-0"160 cm ' Scale:119"=1a a *=Highest designated play surtace. Product development is an ongoing process We f °'lam 'Via, "=Total heir�htafproduct reserve the rrghttornakerraodificat+onsonall PE AI[ Highest designated play surface and space requned our products,This uctmay not berrurrored, ASTM are according to ASTM 1487 scaled or altered its any way Safety sones must P1487 Jft. be retained for proper placement of equipment Equipment must be installed over resilient surfacing lfanychanges,are required,please contact your appropriate to the safety guidelines in your area. KOMPAN representahve at I 3W,4269788 7o verify product certification,visit iperna.arg Page 158 of 1037 KOM12AN Product _ Best User Age: 13+years ADA ANALYSIS Activities G ted Ground vel I ies Activit esPlay Types jF J)} j Footings_In-ground installation #11[� Present MIA MIAN/A 4111 Surface installation also available Accessible PIA NIA MIA �q"jz Technical Information available at korip n,cor Required N/A NIA N/A i` illi) J&12 Product Type: Workout System w FSVV20900-XXOO i �i R� I 16'-3"[496crnj 11'-0"[335cmJ 00 1 I r I I FS 20900 '4'-4'f 133cm 4`-7"/140cm 237ft2/22nt" *—Fall height of product Fall height,space required and total area ofsafety Product development is an ongoing process We reserve the right to make *=Total height of product zone are according to ASTM F3101modifications on all our products This product may not be mirrored,scaled or altered ** Equipment must be installed over resilient surfacing in any way Safety zones must be retained for proper placement ofequipment.lfany Total area ofsafety zoneappropriate to the safety guidelines in your area changes are required,please contact your KOMPAN representative at 1,800 426.9788 Page 159 of 1037 KOMPAN Product B - FSW1O1OO Best User e: 13 ears AOA Elevated Ground Level ground Level ANALYSIS Activities Activities Play Types Footings:In-ground installation Present NfA � , `?, NfA NfA Surface installation also available iii E Accessible N/A N/A NIA t Technical information available at kornpnxom Required NIA N/A NIA Product type: Workout S stern M F W10100-XXoo 16'-5®[500crn] 9'-0"[275crea] i x s FSW10100 { FSWI0100_XX0l °7'-8"/233cm � *T-10"l 240cm f 19M21 18m' \ f 1/8"=1'-0" I 'O, ` u- -- *=Fall '=Fall height of product Fall height,space required and total area of safety product development is an ongoing process We reserve the right to make "=Total height ofproduct zone are according to ASTM F3101, modifications on all our products.This product may not be mirrored,scaled or altered Equipment must be installed over resilient surfacing in any way.Safety zones must be retained for proper placement ofequipmentifany Total area ofsafety zvne approprlatetothe safety guidelines inyour area changes are required,please contact your kOMPANrepresentative atIMO 4269788 Page 160 of 1037 KOMPAN Product f - FAZ30100 FAZ302001 Best User Age: 13+yearsIUs�°3,� ADA Elevated Ground Level ground Level Footings:In-ground installation ANALYSIS Activities Activities Play Types "Ni,`\3[�[ 11�,.si, , - Present NIA NIA IV1A Surface installation alio available Accessible NfA N!A h11A Technical information available at k0or.i ari,r m—n Required td(A N1A {v tJlA ProcdUct Type: Cross System 13'-2*[401cm] �I q 2'-0`°[61c.11 f E E Step,2tYc;r 6_ [17Ocm] FAZ30100 8"1 20c "* 8'12Ocrn \ "• 138fF(12,8m* J 13'-2"[401cm] [61 cml I U t ¢3;rlUcrl a V-7"[170crn] F 30200 A 1'-3"/39orn ** 1'-3'/39cm 138ft'(12.8m-' / 118" 13,_2,"[4O1crn] X,' 2'-L[61c1 m] l v E v is FAZ30300 V-1 /58cm Step,54( rt1 * V-10"158crn *.«138RI(12.8m2 *=Fall height of product Fall height,space required and total area of safety Product development is an ongoing process We reserve the right to make *=Total height of product zone are according to ASTM F3101 modifications on all our products This product may not be mirrored,scaled or altered Equipment must be installed ovei resilient surfacing in any way Safety zones must be retained for proper placementof ui ment.Ifan *°- Totalareaofsafetyzone appropriate to the safety guidelines in your area changes are required,please contact your KOMPANrepresentative at 7.800426.9788 I Page 161 of 1037 FSW10100 - Tender iii ti Text Combi I Training Purpose Info Sign&Training Support The product combination must accommodate The product must feature an information sign with own body weight training, pull up exercises, core a related exercise and QR code.When scanned the training and climbing movements and as such QR code must an animated illustration of the must feature a pull up bar, a sit up bench and a exercise and must offer the possibility of vertical ladder. downloading an app that will provide a large Pull up bar: Must be at a height of 233 cm with a amount of additional exercises and training clean workout space underneath. programs. Sit-up bench:To facilitate fixation of the feet when performing sit-ups, the bench must feature a Product&Manufacturing Standards horizontal bar 84 mm above the surface of the The manufacturing standard must comply with ISO bench at the head of the structure. In order to 9001 and the product must be NIF EN 16630(2015) facilitate fixation of the upper body when and ASTM F3101 certified. performing leg raises the surface must feature 2 grip holes at each side at the head of the structure. Vertical ladder: Must feature a minimum of 6 horizontal bars. The spaces in between the bars must be 382 mm. User Group All individuals with a minimum height of 140 cm, must be able to use the product without compromising their normal posture. Material Characteristics To ensure integrity and durability and to be optimally suited for severe use, the weather elements and unwanted abuse in the outdoors, the product must meet the following requirements: - Posts must be made of 0101.6 x 2 mm pre- galvanized carbon steel and powder coated. Tops must be sealed with PA6 (Polyamide) ca ps. - Support posts and bars intended for use in exercises must be made of hot-dip galvanized steel 038 x 2 mm. - Lead content for all steel parts must be below 90m for surfaces, and below 100ppm for base material. - Connectors must be made of die-cast aluminum specially alloyed for outdoor environments. Screws attaching connectors must be stainless steel and protected by zin washers. Page 162 of 1037 FSW20900 — Tender Specification Text Emb-PRiars Training Purpose Info Sign&Training Support The product must serve as a training tool for a The product must feature an information sign with broad range of push up exercises, as such it must a related exercise and QR code,When scanned the feature three push up bars at three different OR code must an animated illustration of the heights of respectively 133,58 and 38 cm. exercise and must offer the possibility of downloading an app that will provide a large Material Characteristics amount of additional exercises and training To ensure integrity and durability and to be programs. optimally suited for severe use, the weather elements and unwanted abuse in the outdoors, Product&Manufacturing Standards the product must meet the following The manufacturing standard must complywith ISO requirements: 9001 and the product must be NF EN 16630(2015) Posts must be made of 0101.6 x 2 mm pre- and AST IVI F3101 certified. galvanized carbon steel and powder coated. Tops must be sealed with PA6 (Polyamide) ca ps. Bars intended for use in exercises must be made of hot-dip galvanized steel 038 x 2 mm. Lead content for all steel parts must be below Spm for surfaces, and below 100pprn for base material. Connectors must be made of die-cast aluminum specially alloyed for outdoor environments. Screws attaching connectors must be stainless steel and protected by zin washers. Page 163 of 1037 FAZ30200 - Tender Specification Text to 40 CM Training Purpose The product must be a step with a 40 cm height accommodating safe step up training and plyometric jumps and us such must have rounded corners. Material Characteristics To ensure integrity and durability and to be optimally suited for severe use, the weather elements and unwanted abuse in the outdoors, the product must meet the following requirements: - Support frame must be 048.3 x 4 mm, manufactured from carbon steel, with a hot- dip galvanized surface according to IS01461, and a powder coating corrosion class 04 according to ISO12944-2. Lead content for surfaces must be below 90ppm, and below 100ppm for base material. - Surface must be produced of recycled SBR (Styrene Butadiene Monomer, Synthetic Rubber) UV stabilized to a maximum without use of heavy metal stabilities,for optimal grip during jumping and step on step off exercises under all weather circumstances. - A 5 mm hot-dip galvanized carbon steel plate must be moulded inside the SBR to offer optimal stability and optimize the mounting of the step to the frame, Product&Manufacturing Standards The manufacturing standard must complywith ISO 9001 and the product must be NF EN 16630(2015) and ASTM F3101 certified. Page 164 of 1037 Go gle Maps Oceanfront Park Beach Mitt,s�y t; r !y1 7 , a s),''yi ��biy�y�yAt�syssf ( s { y {{( t. s Imagery 02018 Google,Map data 02018 Google 100 ft - t u � R h - �si,'it lf�4i sok n�L' Oceanfront Park Beach 4.6 * ** * ,A• 404 reviews Park This beach has lifeguards,a concession stand, beach chair rentals&a picnic area with BBQ pits. Page 165 of 1037 CITY OF BOYNTON BEACH, FLORIDA .0 ADMINISTRATIVE 1 Administration Policy01.02.13 SECTION: 02 Administrative Directive : SUBJECT: 13 Grants t Policy& Procedures purposePURPOSE AND SCOPE The this li is to standardizer i i ; to provideit i in grantibudgeting; to facilitate more efficientr r II departments receive r training i Igrant . The City, through each department, shall actively pursue grant opportunities, maintain ive and diverse grantportfolio, till rsupplement and enhance the long termI ives of the City. Grant application, approval and administrationI be coordinatedt Coordinator r . I City employeesinvolved in findingpreparing r li l r management of grant-fundedrFunding Innovators' Grants Navigator. centralization iii ientire grants process, departments ill be able to choose, apply, accept and implement grant funded projects consistent with the city's priorities. Administration of the Grants Navigator system will be providedCoordinator in the Office i r, Administrative Services. Technical support for the system will be providedAmerican i Innovators, Inc.. POLICY Departments are responsible for grant forecastingidentifying match when preparing i r budget. Grants Navigator, a softwaresolution grantresearch r ill be used citywide r i effectivefiprojects, n lyze funding sources, implement r funded projects, r required reports and providecentralized record i r audit purposes. PROCEDURE APM 01.02.13 P.1ge 166 of 1037 Grant Forecasting & Budget Preparation Grant rs are responsible IForecasting Budget Form" , for each grantI in i fiscal year. The "Grant r tin " is located on the City Network Share riv r the Grantsr. The forms submittedin accordanceit i I year budget calendar. Grants Team membersr responsible for including any requit match in their department's proposed budget. Departments seekingfor planned capital improvement rjminimum 1 contingency(of the construction costs) in the Capital Improvement Program budget in the year foe whichis planned. Thisis to serve as a source funding for unforeseen conditions, r i !I t costs by the granting . The Grants ri r will prepare a city-wide for the fiscal year and submitiReview Committee in accordancei fiscal year budget calendar. Train Employeesi ! r funding analysis, application preparation, r management of grant-funded c ill have access to the Grantsfolder on the City riv This I r contains Grantsmeeting auditagendas and notes, !ance guidance, r forecastingforms, etc. Grants re required to participatein Grants Navigator training. Training is providedGrants i t and AmericanFunding completion,Innovators. Upon ill be given Grants Navigator. To access Grants Navigator b=:&www.afisysLems.com/. Definition:Grant nt Process Define the projectr project in Grants i r. Name the project startingit 1 year in which grantthe i! rexample: 201512016 Statei i If the project has a constructionr greater, the projectin PublicPlaces Program" requirements. i i 07-002, for determination applicability. ! is available . _ . If determination i is needed, the Publicr is available to assist. 2. Funding Analysis: Identify potential funding sourcesi t Navigator and confirmavailability i Local funding APM 01.02.13 Page 167 of 1037 sources (originating county or local level) may be added by staff or forwardedr Coordinator to include int r rsection of I's "Search Grants" area. ■ Upon selectingi r , verify II I relatein PublicI r _ r ordinance (if applicable). I allowable, include in the grantapplication t. If not, the appropriate t shall be budgeted and approvedin the Capital Improvement Program r another matchingr if at all possible. If you need assistance, iPublic r and Grants Coordinator are availableassist. ■ Upon selectingfunding r , confirm matchingrequirements. I i is a capital project, the department must budget a minimum % contingency(of the constructioncosts) in the Capital Improvement Program in additionto any other match dollarsrequired granting . 3. Application: prepared individuals or as a team. All applications r prior to submittal. ■ Personnel: If a department's grant applicationincludes ii I (contractual, temporary, part-timer full time) the department must meet with Human Resources/Riskj r to review r personnel prior to submittingr li i . c I _ : If a department'sr li i includes technology (software, tablets, other digital devices, etc.)the department must meet with InformationI ( review r technologyri r to submittingr li ion and upon award. ■ I: o Projects Ialign i I (i.e. City is Plan, Departmental StrategicIClimate Action l r r). When preparingr pleasesheet refer to the adopted plan that thisgrant (provide cion reference number or . o If the valuei is less than $25,000, the City r or his designee, ill approve application submittal. I is higher than $25,000, prepare Agenda Item Request Form i electronic agenda system, including the account number and Projectr the cash match, for commission approval. i : If the application deadline does not allowsufficient time for commission approval prior to the applicationdeadline, the city manager may giveapproval to submitlic ti , provided / rapplication the next available ission meeting agenda for approval. ff the commission i s the request to submit t application; the responsible departmeof must immediately cont c the funding c remove the application from consideration. AP.M 01.02.13 Page 168 of 1037 ■ The Commissionauthorize execution Grant reement at the time it authorizesthe Cityr to applyr approvals,the grant. If you want to avoid bringing the item back to Commission for subsequent the Motioni i r to apply , execute all documents associatedi t the grant, t the Grantt subject to the approval of the City " ■ Final Application: roved, the Agenda Item Request Form authorizing application II exhibits, attachments, etc. must be scanned and uploadedinto Grants Navigator to produce a complete applicationin digital form. UploadedII signatures affixed. 4. Award Notification: tic is received r granting , the Application Lead shall do the following: ■ Notify the Grants Coordinator, Director of Financer designee, and the Project Manager. ■ Prepare an Agenda Item Request Formi I r is agenda system r Commission's execution rt award. The CityClerk ill print out a hardr the CityCommission grant award document r the Mayor's ( r City Managers) signature. ■ Once approved by CityCommission i r or City Manager, return r granting r execution. ■ Schedule a Grant Award Meetingi the Grantsr i r and the Director of Finance, r designee, to reviewconditions and reporting li . ■ Complete the Grant Award Information Sheet(Attachment B) for review at the Grant Award ing. Verify allowablein the grant agreement, Iverify i I in the City's Capital Improvement Programi li Ie) and adopted City budget. ■ Work withthe City'sCommunications r to preparesubmit Grant ress Release to medial (Police I ill submitits). Use approved Press Release format. ■ If not awarded, list reasons for unsuccessful application in Grants Navigator and close out the grant. The project can remain active if you plan to pursue other grants or - I . 5. Grant Management: Once the contract has beeII cut , the Department Project II do the following: ■ Make a hardr file. ■ Forward the originaliCentral File. ■ Scan and uploadll rant agreement and the Grant Award Information Sheet. Schedulereports (according to the grant agreement) reoccurring in Grants Navigator. ■ Request Revenue andc rom Finance via e-mail (copy the Grants Coordinator). Grant funds must not be comingled APM 01.02.13 PAge 169 of 1037 vWth any City funds. Note: Finance will confirm that the project and grant have been entered into Grants Navigaildr prior to issuing account numbers, • E-mail the Revenue Manager to request a Payroll Project Code to track Administrative Costs on Federal grant awards. • Federal grants involving construction require verification of the vendor or contractor. Submit a request to Legal to verify that the vendor or contractor is registered with the state as a business and that their registration Is current and active. • Input the Grant Contract and Account information In Grants Navigator, • List All Project Team Members and assign permissions and electronic e-mail notifications in Grants Navigator. The Grants Coordinator, Director of Finance or designee, and Revenue Manager are to be assigned to all Projects Teams. 6. limplernentadon: Everyone working with the grant must be familiar with the compliance requirements. The awarded department's Project Lead is responsible for the IbIlowing: Meet with staff/departments;who will be managing the grant funded pmject to ensure that everyone working with the grant Is familiar with compliance requirements and grant project account numbers. Include budget amounts (grant and matching dollars, cash and in- kind) In Grants NaWgatbr. Record expenditure and reimbursements In Grants Navigator. Record as lump sum and uncategorized for each reimbursement request or as a final amount, If grant is advance payment Determine who will be responsible for reports to granting agency. > Note:Reimbursetnent Reports must be e-mailed to the Director of Finance or de.*nee prior to subinission ibr an Internal review. Set periodic meeting dates to monitor project progress. Notify Grants Coordinator of any grant management Issues. 7. End of Fiscal Year: The Project Lead shall submit a copy of the September 30 reporUreimbursement request along with a budget carry- over request(if needed)to the Director of Finance by October 15.A year- end compliance meeting may be scheduled by the Grants Coordinator or Director of Finance or designee. 8. Closeout The Project Lead shall do the following to close out a grant: * Prepare final report and submit as required by granting agency. * Notify the Grants Coordinator and Director of Finance or designee, of readiness to close the grant and project for a final Internal compliance review closing the grant and project in Grants Navigator. * Once the grant files have been reviewed for compliance, the Project Lead may close the grant and project in Grants Navigator. AFM 0102.13 �age 170 of 1037 SILigle Audit To prepare r the City'sSingle it departments shall have a hard copy of all documentation as back up to Grants Navigator and be evallable wdernal auditors N necessary. The Grants Coordinator or Director of Financer designeeII aftend all meetings between departments and wdernal auditors. Annual Report The Grant Coordinator II prepare an annual Report summarizing the previous activity.year's grant This report shall be presented to the City Commissionr acceptance within 90 days of the dose of the fiscI year. Developed by: City Managers Office EFFECTIVE DATE: March 1 ,2005 April1 November , 2009 September 30, 2010REVISED: Ockber 1 REVISED: February 11,2013 ,REVISED: February 26, 1 Lori LaVerriere V, City I I Manager Ceto L-:021c'� AttachmentsGrant® Forecasting Budget Form 13- Grant Award Information REMAINDERINTENTIONALLY APM 01.02.13 Page 171 of 1037 Grant Funding Budget Form FY2015-2016 Budget Complete this c e additional funding identifyingor if you need assistance ce. Department: Grant Team Member: Phone Ext.: Project Title: Estimated Pr ' c est Amount S Vk7hich adopted . .City Strategic,Department Strategic,Climate Action Plan,or est this cpage) project?What is the goal or outcome of the What is time frame for ' ? Start Date: End Date: Department Priority for this / ?Eligh El Medium Is this 'e - ? What are long-range expense implications? , $_/annually identifiedHas a grant funding source been ? Yes If you answered YES,please : 1. List rce 2. What is the City's funder?—% Cash S In-kind allowed?Yes E] No E] 3. Cash match will be to in: General Fund El C11P El*SON Form also required Other E](specify fand/account) PLEASE COMPLETE AND E-MAIL THIS FORM TO ANTHONY DAVIDSON, BUDGET MANAGER,NO LATER THAN 5:00 p.m., e This form will be reviewed, if requested, a funding sourceidentified and returned your department by Thursday,March 5th to be included i your department's budget request. The Budget Review Team will receive a citywide sof proposedapplications for the 215/ 1 . Grant Team use only Initials Funding Source identified Maximum amount S Required Match$ Application —Conditions of Award QPM 01.02.13 Pdge 172 of 1037 Attachment Grant Award Information Project Name: Grant Title: Commission Resolution Contract# Grant Award: $ Start:Contract LFY ) Total:Contract End: $ Revenue Account# Expense Account# Type of Grant: El I—Direct El Federal—Pass Throughl El Other Federal Agency State Agency(If Pass Through) Local/OtherIf a State Grant: CSFA# Agency If : It iresponsibility contract, State,and Federal Compliance Requirements Management and Budget Guidance :l/ it vl / r� is s! and :/ Grant Type: [3 Reimbursement v Are fns required I in an Interest riaccount? Interest returned r r? Progress ( ) due dates: Granting Program/Project r Phone# Fiscal Contact City APM 01.02.13 Pgge 173 of 1037 Send the audit copies/confirmation letters to the following: Confirmation Letter—Name &Address/zip Audit Copy— Name&Address/zip I have reviewed this document and verified that the Information on this document is correct. Signature Date Grant Award Meeting Date: Attendees: Special Conditions: Press Release: Forward Press Release to City Communications Manager for distribution. /dm 06/11/15 APS OI.02.13 Pgge 174 of 1037 Page 175 of 1037 6.E. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R118-087-Approve utilizing the City of Ft Lauderdale's agreement with Advanced Data Solutions Inc. of Oldsmar FL, for Scanning, I ndexing, I maging and Media Conversion Services for an estimated at a cost of$57,652. The City of Ft. Lauderdale's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Development Services and the Engineering Division of Public Works are seeking to utilize an agreement of the City of Ft. Lauderdale which will enable the Departments to convert records to electronic format. This action is in conjunction with the relocating to temporary office space and ultimate operation within the new City Hall to be constructed. This action will facilitate conversion to the desired paperless and space-efficient work operation of the Department, as well as minimize record storage costs during the interim period. Development has met with the City's Information Technology Department for their concurrence on the use and ability of this vendor based on the City of Fort Lauderdale's agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable the retention and available access to projects and plans staff utilizes on a daily basis. The new temporary City Hall location does not allow for storage of the paper plans. The Development Department is moving to an electronic plan format in the near future and this project will help keep the City in line with the electronic process the Department is moving towards. FISCAL IMPACT: Non-budgeted The costs for this project will be charged through Development Services/ Planning and Zoning Division, 001-2414-515.49-17 (Other Contractual Services). ALTERNATIVES: None associated with the execution of the agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 176 of 1037 Grant Amount: CONTRACTS VENDOR NAME: Advanced Data Solutions Inc START DATE: END DATE: CONTRACT VALUE: $57,652.00 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description Resolution approving utilization of the Ft D Resolution Lauderdale Contract for Development Services Scanning project D Addendum City of Boynton each Bid Request D Addendum City of Ft Lauderdale Contract Page 177 of 1037 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE UTILIZATION OF THE CITY OF 5 FORT LAUDERDALE'S AGREEMENT WITH ADVANCED DATA 6 SOLUTIONS, INC., OF OLDSMAR, FL FOR SCANNING, 7 INDEXING, IMAGING AND MEDIA CONVERSION SERVICES 8 FOR AN ESTIMATED COST OF $57,652.00; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, Development Services and the Engineering Division of Public Works 13 are seeking to utilize an agreement of the City of Fort Lauderdale which will enable the 14 Departments to convert records to electronic format; and 15 WHEREAS, this will facilitate conversion to the desired paperless and space-efficient 16 work operation of the Department, as well as minimize record storage costs during the interim 17 period; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens of the City of 20 Boynton Beach approve utilizing the City of Fort Lauderdale's agreement with Advanced 21 Data Solutions, Inc., of Oldsmar, FL for scanning, indexing, imaging and media conversion 22 services for an estimated cost of$57,652.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve utilizing the City of Fort Lauderdale's agreement with Advanced Data CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\12CB3611-B294-4B2A-B85F-7EEFE4355F66\Boynton Beach.11062.1.Approve utilizing_Ft_Lauderdale_Agreement_w ith_Advanced_Data_Solutions_=Reso.doc Page 178 of 1037 30 Solutions, Inc., of Oldsmar, FL for scanning, indexing, imaging and media conversion 31 services for an estimated cost of$57,652.00. 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2018. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 ATTEST: VOTE 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) 57 CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\12CB3611-B294-4B2A-B85F-7EEFE4355F66\Boynton Beach.11062.1.Approve utilizing_Ft_Lauderdale_Agreement_w ith_Advanced_Data_Solutions_=Reso.doc Page 179 of 1037 Proposal Document Presented For: Bid Request for Records Imaging Services All { 4 i � r ro Submitted by: Advanced Data Solutions, Inc. Atlanta/Miami/Tampa Georgia's Records Conversion and Document Imaging Leader Page 180 of 1037 June 12, 2018 City of Boynton Beach Attn: Patsy Grissom Development Service Coordinator 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Ref: Records Imaging Services To Whom It May Concern: Advanced Data Solutions, Inc. (ADS) is pleased to submit this response to your Request for Proposal Document Imaging Services ADS is a Valued Reseller of LASERFICHE and we believe this to be a good fit for the City.ADS is ready to perform these services in accordance with Chapter 1 B-2.003 Electronic record Keeping . As an experienced LASERFICHE user and Reseller, ADS has developed a reputation for reliability in meeting short deadlines and providing top quality services to countless government enterprises. With a client-based focus on State and Local government,ADS has provided electronic document management solutions to countless entities with records management needs and documentation similar(if not identical)to yours. Since 1999, this is what we do and who we are. We have worked directly with numerous agencies completing huge back-file conversion projects, system implementations,web hosting and on-going records management needs. ADS will provide high quality scanning equipment and software that has superior optics and state-of-the-art software technology. Our systems are described in detail within our response document. Our technology will remain current to ensure the best possible image quality and metadata accuracy. Your team of conversion, indexing and quality control personnel are trained and possess years of industry experience. We will utilize our quality control standards and procedures(developed over 19 years)on your project. Our operations facilities are in Dallas, Georgia (Metro Atlanta), Oldsmar, Florida (Tampa Bay)and Miami. We handle the systems and outsourcing requirements for over 200 enterprises throughout Florida and Georgia. Our primary focus in the service bureau is on the conversion of microfilm, standard paper and large-format drawings to digital images. We have over 19 years of experience integrating and interfacing literally millions of source-image and index files into countless document imaging systems. Because of this,we are uniquely qualified to provide your conversion services. We have the strongest expertise within the municipal, county and state government for document imaging in the Southeastern US. We propose as your vender we will only take the number of boxes that can we turned around in an agreeable time frame.ADS will maintain copies of the Electronic Media for the duration of the Contract. Our commitment to client success remains at the forefront of our strategic purpose. We believe that by investing time to understand each client's needs and business objectives we can design and deliver"best of breed" solutions. We enjoy harmonious &mutually beneficial working relationships with our existing clients and look forward to continuing the same with the Gainesville School District. Kindest regards, John Civale SVP of Sales Advanced Data Solutions, Inc. Icivale(c-)adsus.net 954 553-4009 Georgia's Records Conversion and Document Imaging Leader Page 181 of 1037 Company Information ADS formed in 1999 to provide document imaging systems and services to our client base throughout Florida. Our service bureau converts millions of standard paper, large format drawings and microformed documents monthly to digital images. Our experience has given us "hands on" interaction with many departments within a variety of organizational structures. Through our specialization, we became a leading systems integrator with unique specialization in departmental workflow, document lifecycles, records retention guidelines and best practices. Our operations facilities are detailed below.. Our service bureausoperate three shifts, six days per week and handle the records conversion requirements for over 300 medical practices, law offices and municipalities. Advanced Data Solutions, Advanced Data Solutions, Advanced Data Solutions,Inc. Inc.Operations Facility Inc.I Operations Facility Operations Facility 665 Antioch Road, Suite C 13302 SW 128 Street 141 Scarlet Boulevard, Suite A Dallas, Georgia 30157 Miami, Florida 33186 Oldsmar, Florida 34677 770.445.4840 phone 813.253.7677 phone 813.855.3545 phone Contact: Jerry Shearin Contact: John Civale Contact: Melody S. Engle Email: ishearin@adsus.net Email: icivale@adsus.net Email: mengle@adsus.net Website: www.adsus.net Website: www.adsus.net Website: www.adsus.net Our headcount is approximately 50 and is dependent on current project requirements. Most key employees have been with the company for years and our retention rate is high. We work in a strong team environment both internally and externally always inclusive of client project team personnel. We believe these relationships are directly responsible for the success we have with each and every records management project. Our operational structure is divided among three major service divisions within two different industries. Paper Records Conversion Services (Small Format Documents and Large Format Prints) Microfilm and Microfiche Conversion Services Records Management&Document Imaging Systems Implementations Unique Qualifications ADS has the strongest expertise in document imaging in the Southeastern United States focused primarily on our three vertical markets: Medical, Government and Legal. We have passed a rigorous RFP process with the Department of Management Services initially downscaling State Contract vendors from over 600 to 125. State contract vendors are scrutinized primarily on experience, references &financial strength. We submitted the highest D&B credit rating available achieving 100% point value. References and experience were equally valued. We are the only current and three-time state contract vendor dedicated primarily to Document Imaging Services. TOtHCW4 I.p& ADS has converted over 200 Million images. �_. No other local company has industry specialization in paper records conversion achieving the volumes that we can support. l Insurance &Financial Sectors Over 25 million converted images. Through the years, we've worked with dozens of financial service companies and medical offices. We have worked directly with Northwestern Mutual, Morrison Grove Capital Advisors, First Flight Federal Credit Union,Achieva Federal Credit Union and Sarasota Suncoast Credit Union having converted thousands of loan and deposit records.We have converted dozens of doctors'offices,clinics and hospital records to digital format and interfaced such records within a variety of software platforms. Such services have included both on-site and off-site conversion within strict deadline and milestone requirements. Georgia's Records Conversion and Document Imaging Leader Page 182 of 1037 Government Sectors: Over 150 million converted images City of Tampa: Over 8 Million Converted Images Hillsborough County: Over 5 Million Converted Images City of Pompano Beach: Over 10 Million Converted Images Orange County Florida: Over 35 million Converted Images We have been performing conversion services for various departments within these agencies since 2001. Services include the scanning of small format documents,wide format prints, microfilm,and microfiche media. Other services include customized program design for integration directly with their Electronic Document Imaging systems. Interface and System Diversity The conversion of over 200 million images includes more than just scanning paper or microformed records. It involves extensive industry experience and programming knowledge that easily facilitates the batch upload of thousands of batch files into various EDMS systems. Below is a partial listing of software systems for which we have provided customized data uploads. Advanced MD,AnyDoc,Alchemy,Aprima,Aventail, Doculex, Documentum, OTG, Digitech, Paper Flow, Paper Vision, Hummingbird, Kofax Ascent, Laserfiche, Liberty EMS, Highland OnBase, Optix, Questys, SAGE, SIRE, SQL Server 2008,WorkFlow We provide seamless integration into your current records management system based not only on its design, but also in congruency with your current paper filing system. Our experience is summarized below. ➢ Operational Stability: We have served medical offices, hospitals, clinics, numerous commercial clients, financial institutions, cities, counties and agencies for over 19 years focusing ONLY on Document Management. ➢ We own ALL our equipment and do not subcontract services. ➢ State Contract vendor surviving vigorous downsizing from over 600 vendors to 125. We are the only State Contract Vendor specializing solely on records management and document conversion services ➢ We have a close relationship with the Florida Department of State having consulted with them for 14 years on countless imaging projects. ➢ We offer Laserfiche EDMS because of our industry expertise. We understand this software is the industry leader worldwide with over 30,000 implementations, 1,000,000 end users and over 700 installations in Florida and Georgia alone. ➢ Our technology partners are an extension of our company and reputation. They include Kodak, Fujitsu, Ideal, Mekel, The Crowley Group, Laserfiche, OpenText, Digitech, Epson Scanners, Unity Business Systems,Apyxx Technologies and International Data Solutions. ➢ Our services are based on hard work, competence and experience. We are driven by our dedication to client service supported by character and ethical standards. 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At project inception, we have a kick-off meeting where we discuss deadlines and anything special that might require special urgency. These matters are defined within their timelines. We operate one-two shifts in our service bureaus based on production requirements. Pompano Beach/Document Imaging,NEcroform and LASERFICHE Implementation ADS began converting small and large format documents for the City during 2002. In 2010, we began the back-file conversion of millions of microformed images & data input resulted in concise data management & drastically improved record retrieval times. We converted nearly 1 million images from the City's microfiche library and tagged files with appropriate metadata. This project was completed in eighteen months. Paper scanning services are ongoing citywide.We work with various departments including police, finance, public works and others, but focus primarily on Growth Management. We convert building permit files consisting of a multitude of small documents and large format prints. To date, we have converted over 3 million small format documents and 250 thousand large format prints. During 2003, we implemented a document imaging system within the City Clerk's office. This system grew to 45 users. The system managed paper records spanning 50 years and simplified public records requests. We established multiple databases (Folder structures, indexing schemes, password security, drop-down menus, search routines, and extensive OCR). During 2015 / 2016, we migrated the city to a more robust Laserfiche system in a citywide deployment that included all the above plus the development and design of several extensive workflows and forms processing routines. At present, there are 45 total users. Contact Name: Eugene Zamoski, Information Technology Director Address: 100 W. Atlantic Boulevard, Pompano Beach, Florida 33060 Telephone: 954-786-4537 Email: Eugene.Zamoski@copbfl.com Completion Date: Ongoing. Project Cost: Microfiche Conversion - $250,000 /Paper Conversion -$100,000 Annually Laserfiche Software and Implementation: $70,000—Software & LSAP, Additional costs for Department-Specific workflow design. City of Atlanta -Hartsfield Jackson Atlanta Aviation/Document Control Scanning Services ADS began converting small and large format documents for the City during 2012. Since that time, we have primarily converted small and large format documents for their department. All records are imported into the COA Internally Developed EDMS system. As such metadata and image formats are designed for simple integration. Services are ongoing. Contact Name: Annette Williams, Project Manager Contact Address: 1255 South Loop Road, College Park, Georgia 30337 Contact Telephone: 404-520-5849 Email: Annette.Williams atlanta-ai ort.com Georgia's Records Conversion and Document Imaging Leader Page 185 of 1037 City of Marietta/Document Imaging Services ADS began converting small and large format documents for the City during 2015. Since that time, we have primarily converted small and large format documents for the areas within Growth Management. All records are imported into the City's EDMS system. Services are ongoing. To date, we have converted 63,000 small format pages and 73,000 large format prints for the city. Contact Name: Mark Rice, Chief Building Official, President BOAG Address: 205 Lawrence Street, Marietta, Georgia 30060 Telephone: 770-794-5651 Email: MRice2@mariettaga.gov Completion Date: Ongoing Project Cost: $42,000 To Date Experience with Similar Projects Orange Count /Document Imaging,Data Conversion and Custom Interface ADS was contracted for the conversion of millions of small / large format, microfilm and microfiche images initially as part of a basic conversion project in 2004. The project outlined specific volume milestones and required close teamwork with client project team members. After project commencement, multiple technical issues were encountered which required significant research, beta testing and custom programming. ADS provided industry expertise beyond the scope of the contract which resulted in a best of breed solution that exceeded expectations and product timeline deliverables. Our industry expertise facilitated the immediate creation of a custom interface and program designed specifically for a client's unique operating environment. Over 20 million images and 100 million indices have been successfully implemented within this client's system over the last 10 years. Our contract extends to all departments within the County and has included the County Administrator's Office, Contracts and Legal, Planning & Zoning, Environmental Protection, Public Works, Research/ Growth Management. Services are ongoing. Village of Pinecrest/Document Imaging and Laserfiche System Implementation(s) ADS began converting small and large format documents for the Village during 2001. During 2003 we implemented a document imaging system within the City Clerk's and Building Department offices. The system manages paper records spanning 15 years and simplified public records requests. We have scanned and converted hundreds of thousands of small and wide format records for both the Clerk and Building departments. All building records since Village inception during 1999 have been converted. The Village has implemented a new Laserfiche ECM system with our assistance and training. Hillsborough County Small and Large Format Conversion ADS began converting small format documents for Hillsborough County during 2012. We are responsible for Batch Pick-Ups that occur every 2—4 weeks, based on client demand. Each batch consists of thousands of records that need prepped, scanned,indexed and reconciled to logs created by County project team members. We are also responsible for the direct upload of source images and tagged metadata into the County's Optics EDMS. Below is an example of our project plan with regards to this project Total contract value: $180,000 Georgia's Records Conversion and Document Imaging Leader Page 186 of 1037 Project Approach&Methodologies Our experience and focus on teamwork is the core of our approach to Document Management. Kick-Off Meeting During the preliminary stage of project inception, a kick-off meeting will be scheduled with critical project team leaders from both ADS and your staff. During the meeting, items for discussion will include departmental timelines, record confidentiality, privacy considerations, file type, format and index requirements and overall expectations. Sample documents will be obtained to begin the beta testing phase of the project. Proof of Concept and Beta Testing We like to begin projects by processing a sample batch of records for your review. This"Proof of Concept or Beta Testing" phase helps to ensure we meet your specific project requirements and eliminate misunderstandings. During this phase,we process a small batch of your records and provide you with source files and related index data. The data is then uploaded into your records management system for review. If there are any required changes, we are then able to make any necessary modifications prior to project commencement. Once your staff approves our file format, indexing scheme and upload sequence, full conversion will transpire. Records Requests Records requests are usually initiated using our reguestCcr�.adsus.net 10, I �1 411 email address that gets routed to six different employees. One person "°...... u is typically tasked with records requests with a back-up person established as necessary. If a record is needed immediately, digital - - - records requests are typically satisfied within 2-3 hours. H R�,n,.�r� ""� ,..,Eu,=an,n� , 3 ,a,r e r ,�,{=na� .n*,�e,4 �n a�r, m •�, We utilize both direct email and SFTP transmission to satisfy most records requests. File Transport, Chain of Custody, Document Handling, Forms &Requests Our warehouse and delivery manager,will pick up and deliver records based on specified schedules determined beforehand. Small and large pick-ups can be made depending on specific needs. Pick-up and delivery schedules are typically flexible and forever changing based on client demands. Your point of contact will be given both our office phone number and our driver's cell phone number so that direct contact is always available. in the Advii—C.—AA-F-110- "` event of a need. We never lease vehicles for client record retrieval or re- delivery. Our vans facilitate the transport of up to 135 regular file size boxes. 4AW We own and operate our fully-insured cargo delivery vans. All vans are on a strict maintenance schedule inclusive of routine check-ups, oil changes and tire changes. Our vehicles are closed and air conditioned as well. Our vans are equipped with locking mechanisms from all points of entry and all contain fire extinguishers. Your Office Site We can provide boxes or containers for irregular documents and even packing services, if necessary. Our driver carries client specific pick-up/delivery logs which detail records transported, dates and appropriate levels of sign-off. Georgia's Records Conversion and Document Imaging Leader Page 187 of 1037 Project Implementation/Management Tools & Techniques L A ..:,.. r: M ar.f L'---re s sMea sss �.srneera e,s .�ox r=,�r �ayvs ADS has developed our own internal WebFlow program which is a < drastically expanded timekeeping and information tracking WG,nra,.111191F mechanism. Our program tracks all functions of the conversion a lifecycle from pick-up, document preparation, scanning, review, :,d.Ofa FINS .. ,.,- °" „W indexing,output,data delivery and client acceptance. This is done at u 'Q the box level of every batch of client records received. We are able to track each employee's activities and the status of all projects down to the smallest level of production. The program is tailored for different types of conversion including small documents, large format prints, microfilm and microfiche. :e mw,rviv§aF cmwr 4 e,'auor3G "T9 n d rc, EmmaG 1 Our program includes detailed instructions for all levels of production. Importantly, we detail the deliverables and related review necessary to ensure the highest quality services in terms of both image quality and data integrity. After conversion and indexing,we ALWAYS use the hard copy records as our source for review. It's a manual process and can't be omitted. Paper files are opened and compared to electronic versions ......, s, for both completeness (e.g. control totals and page counts) but also for image clarity. Index information is also compared to that not only on the °t physical documents, but also the file folders often not scanned during the 1BJ Wy PwbJ[Of�;€+Dv, process. � e� ,, Server Room Security Our server room is locked through combination and access is limited to only a few high-level personnel. In the case of historical records, they are processed more expeditiously than other records and returned to the client site as soon as possible. These records are also stored at higher elevations during hurricane and flood season and processed immediately during our Florida storm season. Certain high- level and sensitive files may even be processed over weekend shifts so that client personnel are without their files for only a brief period of time. Access Control &Video Surveillance System ADS maintains 24 hour video surveillance with multiple cameras strategically placed throughout our building. There is also a camera placed on the perimeter of the building. Related video data is copied and backed-up to a dedicated server. Our building is owned, not leased. Solicitors or outside visitors are not allowed on our premises unless previously authorized for a maintenance or site visit arrangement. In an effort to further reinforce warehouse security,we have installed high level and bright lamps on the perimeter of our building. Lamps are activated based on light patterns early each evening. Our only facsimile device is maintained in the front office,exclusive of client records,scanning and indexing functions. As mentioned previously, all scan stations are void of any access to the internet. Our video surveillance is focused on entry and exit points and does not "focus in" on client documents. All surveillance can be reviewed and inspected through an "on-site" visit to our Oldsmar facility. Smoke detectors are located throughout our facility and maintained according to a strict schedule. Georgia's Records Conversion and Document Imaging Leader Page 188 of 1037 Document Security Area ADS maintains a separate scan room for"Information Sensitive"documents which is also locked through combination access only. Since our entire operation is considered a workflow environment, records are basically tracked from one stage of production to another. They are done so in pre-defined batches with various control mechanisms including control labels, control logs and project supervisors. Confidential Information Safeguard, Controls and Back-Up Procedures Many of our existing clients require special treatment for records considered "Information Sensitive." We have established tight controls on both the work areas and established team members to ensure such records are NEVER accessible to unauthorized personnel. All employees sign a confidentiality agreement upon initial employment. Regardless, all team members selected based on project requirements. We maintain a "combination locked" prep, scan and review room where such records reside. We process these types of records very timely to minimize the amount of time both the paper and electronic records are on our premises. Back-up of such data is typically maintained on a secure network server and password protected drive and database. Data backed up to digital media is destroyed or completely returned to the client after batch acceptance (CD-ROM, DVD or External Disc Drive Media). Delivery of Source Files and Index Metadata ADS will provide PDF files scanned at a resolution of 300 dpi. ADS follows the standards for both file formats MYFI dm.Lnm as dictated by the Florida Department of States Records Management(DOS)—Standards and Requirements rte /Electronic Recordkeeping(Chapter 1B-26.003, Florida Administrative Code). Should you desire to destroy Dr' paper records after digitization,ADS will assist the client with necessary Destruction Certificates required by STATER CORD RETENTION DOS and other required standards. Data transmissions are performed using CD-ROM, DVD,an External Hard Drive or FTP Media mechanisms. � All transmissions are considered Work in Progress(WIP)until final transmission and acceptance obtained bytx the client. We will accommodate you with regards to preferred data transmission. Document Destruction STATE RVCoRD RETENTION ADS has established strong working relationships with representatives at the Florida Department of State. During the early stages of imaging,we made periodic visits to Tallahassee and have been asked to speak at Chapter l8„�Florida, various industry forums in concert with that agency. We understand Florida Records Retention and Administrative ode Recordkeeping Requirements. We value our contacts at this agency and often refer clients to specific persons PUBLIC RECORDS who serve to clarify any issue client personnel may have. SCHEDULING&DISPOSMON We initiate and maintain Destruction Certificates that represent each batch of records destroyed. We obtain client sign-off and employ various control mechanisms before any destruction occurs. Final sign-offs include independent re-counting and reconciliation of records to control logs, confirmation of back-up data to include actual execution of image and text files, written approval by client supervisors and end-users and other � ` r� npr procedures necessary in each circumstance. ADS provides detailed box profile reports as supporting documentation for our destruction reports and for client Records Management Liaison Officers(RMLO)or other assigned client record keepers. Please visit our ririaa Ip=.am.�,r or sr�n website to access a direct link to Florida Recordkeeping Requirements under the guidance of the Florida �I�IIw��dA�h� Department of State. Links to the National Archives and Medical Records Resources are also available. Plo-dda Ad t ni. .dv W-kly& I Employee Certifications and Hiring Practices During the hiring phase,we carefully review backgrounds investigations, check references and perform detailed interviewing practices to ensure trustworthy and competent employees are offered positions at ADS. Employees all read and sign "Drug Free Workplace” and HIPAA policy affidavits. random drug testing authorizations are also obtained. We also adhere to strict Federal hiring practices as enforced within the E-Verify system maintained by the Social Security Administration and the Department of Homeland Security. Positive confirmation of employment eligibility is obtained for all ADS employees. We maintain a consistent staff of 35 employees that have been with the company for years. Georgia's Records Conversion and Document Imaging Leader Page 189 of 1037 Document Preparation Document preparation is critical to the success of any paper conversion project. Prepping procedures are determined during Proof of Concept and the Kick-Off meeting. Document types are identified, and many questions are answered. Solid relationships are established, and production timelines are exactly determined. Years of experience has taught us this phase of production is critical to quality and adherence to deadlines. Each document type has its own specific prepping procedures and documents must be organized in a consistent, user- friendly manner consistent with your current or desired filing system. Our prep staff is determined when project teams are established. They are familiar with your project and ask questions when something appears different or out of the ordinary (missing control sheets, color documents, misfiled records, etc...). The document prep staff remove all the staples, repair any torn documents, emboss any raised seals on both small and large format documents, identify color,faded, and illegible documents, etc... In addition, post-it notes will be relocated to an area on the document where information is not interrupted, otherwise, they will be placed on a blank page immediately preceding the original document. Torn pages will be repaired. Message Special consideration might be necessary when prepping/ From:Kay McNeil scanning transcripts. Often there are watermarks that may Sent:&29?'174:e5pm distort or hide data on the original/scanned image. If this is the case with our student records,the re staff may be Seminole College Document prepper Please look he waelytermarks r the Y prep Y transcript pages turned by the preppers. Make sure the avatermarks da asked to flag such pages. not hide the text of the document There is a special Page setup,called Watermark' to use The important part of the page is the text,not the watermark itself. If you have any questions;please come see me. ..a v,.. �........ s Document preppers basically get the records ready for digital conversion. The preparation staff also record a document count for each box on our Preparation Labels which are on the front of each box. These labels contain the date and signature of the person who performed the work. These labels correlate directly to labor performed within WebFlow. Quality Control. Your box lists/control logs will be verified at various stages, including document preparation. This screenshot depicts that boxes ' 1001 thru 1010 have sMo�.a4 .eE1Q been prepared. Orlando Batch 6, c!,00 Sows DESTROY Through other Ecxesrist reports,we can +kCtf Du.<a•7. .. [1.11 of 4uaf[Faq®A of review box Box Name:. Status.. M SF. #LF.:.: ::Actions preparation times, a Raa 1001 F�,.anad. G 0 Ge mc,dUy "ICM't" budget times, 9axLists a 13.x1002 ,,,5d 0 o GrM dfy N,Pfe average times and 5 Box 1003 "'-J 0 R L3Modify Dc MG projected completion 6nx1004 P 0 0 G Madity M11"I" dates.All boxes are B_rrN15 ,. D 0 GsM,adry 11na1 tracked through all BD.1036 „ .«r.. 0 0 OfM.dn fD"I.I. levels of production. sax 1007 P,,,,,,,,,,;. p 0 GG"W,adify 0,lwm4 GQx 1000 f,:,G-�;=„l- 0 0 Gr hgodify DI of , Bca NO r'Iel a 3t1= 0 u C4°M-06H ty D-1cb F-ao.1U i:,.ai a. ❑ o MaQury .D'ien.,. Georgia's Records Conversion and Document Imaging Leader Page 190 of 1037 Document Scanning Four scan operators will be assigned to your project team. Operators serve to review the images and output independently for completeness and image quality. After each box is scanned, confirmation of the document count is made with the Control Log/List and the Preparation Label. Discrepancies, if any, are resolved immediately. This screenshot depicts boxes 1001 thru 1010 have been partially prepared and scanned.All boxes are tracked through all levels of production Bmx Plme. Srageo- rt 7V: Nom':. Asea.: lir 10162 3. ?.... W hlao3; o-i c OM6kpt=c. Gz's idJs' Z'� i Cz 61nrI1As* it x,,,. Iscan Boa.WIN e w . PJ _ "o-A�v r,M N'a 1994 w-� 0 �} �,?hmly e1'J4.1006 0 woos �rNits 1008 � ,� � �' :k HooAsnMlag kbdl ' � you can see below, Pkl- 10 d rot � operators may have messages sent by a project manager or teammate. Our program prohibits job commencement until all related messages have been read. They are only eligible for deletion after they have been read. In addition, our program is the source for our ADP payroll. Thus, credit for work can only be obtained when notes are read and projects are logged for performance. Message From: Kafir cCeil Sent: 4/'14114 1 m40pm The client has requested that all color graphs, photos and charts be scanned in color for this batch- EM Georgia's Records Conversion and Document Imaging Leader Page 191 of 1037 .. JOL PrWHB' HctiMc'. Jab ScvwnP BuePirta Fnen-a Av.11cn M-rpgqMM2',. ll PtHtrn Bm Pmm Wn pcbm. CurceNLa4. KPv U[r+N 4s�rwn stag IJr u,arar lip., �TaaN- 1 "Fhnnp T� fiPm. 'IhIa P.Y P§hof'. - mr,��eys• 2,�,A IIIN", - mo,.e.r r.aoa l�A: .. ParPerwa.a�.na?.roter..ruY=Yz:nun< wrPeaoa eaam.u:nvzJ.zona ass aan A Document Scanning Label is adhered to the front of the box upon completion and"real-time" review has been achieved. This serves to complement our WebFlow system with a visual indication of box status. These labels are signed, dated and indicate the scan station where work was performed as well. These labels correlate directly to labor performed within WebFlow. We utilize only the highest quality equipment and software. Our scan operators are tenured and have been with our company for years. All documents will be scanned on both sides and software technology and settings will automatically delete blank back-sided documents. Sonar technology will prevent any double feeds and preparation control counts will ensure completeness as verified by both document scanning and review staff. We will use a high setting to enable three sensors for double feed detection. We scan at 300 DPI in accordance with Florida and Georgia Administrative Code for electronic record keeping. Each scan operator is fully trained in our Kodak Perfect Page software which allows for very detailed scanner settings allowing customization for all record types. Despeckle, rotate, deskew are just a few. The following graphics demonstrate why this results in the best quality possible for COA. The following graphics demonstrate the image enhancements available using Kodak Capture Pro software. Although we have other scanning options,we typically use Kodak scanners and software because of the image quality which we feel is superior to other leading scanners and software. We've concluded this through side-by-side comparisons of difficult images such as documents with watermarks, raised seals, thermal fax pages, carbon copies, dot matrix generated documents, faded records and many others. .j! - V P xr, ¢'i = AJA IJ-J a ti % N�,` � w Nil k a d j" 4 , F d Ul t ; a h � F. Georgia's Records Conversion and Document Imaging Leader Page 192 of 1037 Kodak's Perfect Page technology and optics provide the best image quality available. r 4 E v � t 1j � rd )E0Qgj,£�. Thresholding and Ad five Threshold Processing (ATP) ) i Results in enhanced image quallity cind readability le Q 4 r� s � �.�yy� Fr rnS 4.n `.� �� �e .2, .�'@ ��s�°,dz; p,�4P n:yY,.!'>� na"r 9 cprd .d5^,6'° V�; kffid �i�6 r .na,;-xd F °� !� zid�,;'v.9Rits� s� C a, h ,m, �tl,fs,, s 't' s<` �t s Wd �� s �a 7' r Georgia's Records Conversion and Document Imaging Leader Page 193 of 1037 We utilize Kodak and Fujitsu along with Kodak Capture Pro scanning software which is a subset of Kofax VRS (Best Practice within our industry). File format is determined at output within our Kodak software. The below chart depicts the various options for this function. Obviously, we can choose from many options including single, multi-page, Group IV TIFF, PDF, Black &White, Color, Grayscale and many other features. TIFF:Setup dialog box A twg Use this box to process your output in TiiFF rorrnal� romp by- click the radia button for in -page or Multi-page group. For each-If you select MuKkpage group, elect one of these options from the drop-drawn list: Page, Document, or titch. If your output indudes black and white imiag es,the Black alb White compression option becomes active-Select Group-4 or(none)from the drop-down last if your output Inclu es color or g(qyww& images,the ColortGrayscale compression and Color quality options become available. 6 ColoriGrayscale compfession-select Jia ,JPEG ITIF 6),or(none.. r Color quality-select one of the fallowing settings from the drop-down list:Same as scanned,Draft, Good,Setter,Best,or Superior. ,Apply digital signature,-click this chookbox,ro verai`V that an Image output by Capture Pro Software has remained unaltered from the source document image captured.The free Image Verifier software may be used to verify that a digitally signed image has not been altered at any Time.To read about the benefits of irrmtJe verification and to download the linage Verifier software go telt:www.kodakalaris.eo"goiCSEn`iageVerify. O -closes the dialog box acid returns to the Jot.)&etup di lie;,box; "This cation is.nol.available wrtli Capture sklop 5oftware. To return to They Outpul tab,ck*here, To return to the Job Setup dialog box (I' Ns t 31N ... Mi4Me dethawd..., 9 6*dK Ydwe.' d QX y:,r Y n `IFF Setup Group by::. k Rage C) ulb '.a,g,e I t�rl wn ISIa—d;'&-white,co nf � I I CoVo,'Gra,Mage �l 2 V Dgitaf Signa ture. j Georgia's Records Conversion and Document Imaging Leader Page 194 of 1037 Capture Pro allows us to define index field/metadata requirements which includes the set-up of dual entry. Our technicians are trained and certified in the set-up and maintenance of this software. Basically, the metadata input can be tailored to meet any requirements and greatly assist in the prevention of input errors. The software even allows us to create a text file for direct input and interface into OnBase. curr.ert-Edtlnd,exFjOd ? ; Label I Uthtyy nomee"ing-AMS Ike er r: c r�xe Name e.;.r'i-.,t-, ❑fie � ®re �i�'"y 3.dd-s te5rath i in ;st Reid dl: ? ®Check fif.4d ckA-m icar ng ct p Irput kymat. ' Output formob subst—"e islets: Setup— List: CarKX1 Quality Control When the index operator types in the seven-digit unique student ID number, the other information will populate. This will include the student name and other information. This information will be verified to the image on the screen obtaining a second level of assurance. When the review operator reviews the output files, they metadata will be confirmed to the box list which will be provided by the District. In circumstances where there is not a student ID#, the index and review operator utilize the SSN and verify all information to reliable metadata on the scanned image files. Image enhancement has been fully described in the preceding sections and described using graphics from our webFlow A. We've outlined our understanding of your volume, by media type on the preceding timeline of this section. We have ample capacity to handle your project while satisfying our other contract obligations. B. We've described our scanning software, equipment and capabilities within other sections. C. Satisfied and in accordance with State Guidelines. D. Microform Conversion is detailed within a separate section of this document. Georgia's Records Conversion and Document Imaging Leader Page 195 of 1037 Kodak Capture Pro allows for the creation of many types of text file formats which can be used to import data into many different EDM Systems. Any number of fields can be defined and used to create a text file. The file format can be txt, .csv, .dat, etc. It's easy to specify what character is used as the delimitator,whether,or not, headers are used, and what order the fields are to fall in. The screen shot following,shows what The College's .txt file definition would look like following your layout above. Any field that may not have data in it when writing out the .txt file would simply be represented by an empty comma (). For instance, if there is not a middle initial,the .txt file line for that student would look like: Studentid1,ssn1,lname1,fname1„document type name,path\filename1 I <<r lz ]ob name:: Seminole Student Reis .. .. sJT Capture Index Ou�ut it II J tr 1 t > rt r !{rffr ttr rsrfst SINE ttt t5 Destinations trf:rrtirt:,% �r ,.:,:,s1<rr". : Nit. ........... ❑Credentials r: : ' ❑�File(l):TIFF E]Batch index file: XML C1ptiUns. -MInd'.ex:Text{delumii -�FiIc(2) IEIPORT PA`I-ly ratyp,. ;....❑System(l) --❑System(2) : >�:; .EATCh IAI�, e`wL Content. []Email --❑Print Q Document index file: Text)dehmitzd'� Op4dns. ❑Microsoft SharePoint --❑Info Input Express Location: �.EXRORT PATHS "SAPR NAMES"V Setup []Info Activate Solution __-- -Advanced Options Filename <BATCH NAMES"TXT' Oanterit.. ....❑Image" - .... i ....❑Invo keInda Content Setup ? X Field delimiters. Item delimiter:: none ❑Include header record Available indexes Current indexes:. Images removed for blank back n DOC IDX ID Image deleted-back DOC IDX SSN Downt ID re DOC IDA:Last Document SequenNumber DOC ID%:First Document location Add.j DOC IDA:MI DOC_IDX:Doc Type Page count in document Remove. Document Filename with Full Path Image count in document More Outo Document size bytes) Add Al DOC IDA:SOURCE ,t Remove All Move Up a Move Down - I :.Cancel _I Georgia's Records Conversion and Document Imaging Leader Page 196 of 1037 ADS Fleet/Chain of Custody& Records Security We intend to convert your records at our facility. We own all our vehicles without encumbrances. They are equipped with fire extinguishers and locking mechanisms controlled by our full-time driver. We currently have two 2016 Ford Transit 250 cargo vans. These vans comfortably fit 100 standard file boxes. Our routes are one-way. In other words, our vehicles are not parked at hotels or otherwise for periods of time. Our stops consist of refueling the vehicles. Y ADS Chain of Custody Procedures Our driver and warehouse manager is introduced at project inception as a member of the project team and identified by an ADS uniform. ➢ Coordinated Batch Pick-Up between ADS Driver and Client Project Manager ➢ Driver Picks Up Boxes/Reconciles to Pick-Up log ➢ Log signed by ADS Drive and Client Project Manager ➢ Boxes transported directly to ADS facility ➢ Boxes unpacked and confirmed again at ADS facility ➢ Batch entered in WebFlow for tracking purposes designating physical receipt of boxes at our facility. Georgia's Records Conversion and Document Imaging Leader Page 197 of 1037 Each batch of records is tracked from pick-up to destruction in our WebFlow program. Inactive boxes are stored in sections within our warehouse and are clearly marked and inventoried. As records are converted and cleared as reviewed, they are marked as such with colored labels on the boxes themselves and within WebFlow. We have depicted box lifecycles in graphics throughout this proposal. Microform data is handled in a similar manner to hard copy records. This screenshot depicts the initial receipt of Batch 65, picked up on 10/27/2016 consisting of 100 boxes. No work has begun yet on this project. All boxes are tracked through all levels of production. .v.:. SM—U Caxe-afat .YI3fl:9G 4atc I,C8 10-"7-16'00 o-DE -ROY Boxe�List 11 x6 Box Nerve Et t.. #$f BLF Cseri Bn T001 IN",,, 0... 0:.. [- P1vdd, Y1 C:al.:iS., '19aa L191B ,a Brix 1002 I'e+^e. B D Box IDG3 r.,r, 9 D oaf dN Y-6-!,g" Box 1004 h!=ren- 6 0 r&and N N Cre.et,y Box 1005 0 D 1?M1tu:,dN 'l,Hlelw Bbx 10M I,iGW= G 0 IFAl dN CD,4,'i,, Bax 1007 P,i�•rr, D D C:'Mlodnry 0C,,;i,1 Bax i:,.GG8 f'ry 0 D M dN C.!"' Box food rv,.._, D D 'k1w N ,Dol"nt, Box 100 Nnmt- 0 o C#MMIN (raW Box 1.611 r„rp_ 0 0 h1W ry u,.+:leke ',.Box T012 N;.;, 6 D V NWO, 'r D,'Yl. Bax 1019 o�„rs.„ 0 0 Mad N .D,Iou Bnx 1019 f �u, 0 D Cd rvA d N ,D.- 6”1015 h q.%. D 0 Y3 At"f, C, iasu Br1%1615 id;zv.._ 6 0 G?NI"fy A tma mom, We've demonstrated security during transport as well as network security for electronic data. We've outlined our employee screening procedures as well as processes. In terms of the physical workflow, boxed records reside in two places, in the operations room and in the warehouse. Record batches are converted quickly and electronic data is transmitted typically once a week. Most 100 batch hard copy projects are cleared within a few days. At this point,we wait for client sign-off and approval for destruction. We've indicated our facility is secure with camera and alarm systems. All rooms remain secure with combination locks and only authorized personnel can enter our production, administrative, server,warehouse and microform processing rooms. Records Requests Records requests are usually initiated using our re uest .adsus.net email address that gets routed to six different employees. One person is typically tasked with records requests with a back-up person established as necessary. Requested files are transmitted via a link to our SFTP site. We will assign a user name and password to you designated staff for retrieval. WebFlow facilitates the quick identification of records by their stage of production. If a box is already scanned, our clients can expect a link to the requested record within minutes. If the file has not yet been scanned, the box is retrieved and the correct file is converted and electronically sent within 2-3 hours. Georgia's Records Conversion and Document Imaging Leader Page 198 of 1037 Review Recommendations We recommend client review in a few ways. 1. Recall sample files after data has been submitted and compare scanned images to output files and metadata 2. Perform sample reviews of metadata and perform control checks in terms of completeness at the box level. Control checks can be made to ensure the number of files per box agrees to the number of files transmitted. 3. Select sample files to review on an image-by-image basis. Similar procedures can be applied to your microformed data. The review of 3.7 million images is a daunting task.We recommend your team members visit our conversion facility and witness our review procedures. The adoption of similar procedures by the district is encouraged. Records Destruction Records Destruction typically takes place according to records batch. Refer to our production timeline to understand the batches we have recommended by media category. Once your project manager has signed off for destruction,we will provide you with a Certificate of Destruction. PCA Bax 248.. ADVANCED DATA SOLUTIONS,INC.. Oldsmar,Flwda 3077-024a 813.855.3545 Carparaw www-adsus.net Certificate of Destruction Batch 23 -07/13/16 Boxes 114-1143 y3ndo 400 South 0rainge Avenue Orlando,PL 32801 Dear- Below is a listing that represents,paper records that have been converted to digital farmat by Advanced Data. Solutions, IInc. All documents were converted within the guidelines established by the Florida Department of State. Subsequent4y,these documents qualify for destruction. #of,.Bm Cubm Feet Disposabon. Irrveice0 D:isas 30 Small Banes I 36f1-2EaohJ I Slated.for Destruction Bu &011 1.018 Pl&ase accept this certificate as our intention to Rio records pprArted by our signature below. If you are in acceptance of this dea au'; z by signing below. Sincerely, Kay B.McNeil Operations Manager Aut odz igrature R Title Date Authorized Signature&Title Date Georgia's Records Conversion and Document Imaging Leader Page 199 of 1037 INFORMATION TECHNOLOGY SECURITY INFRASTRUCTURE Internal Network ADS ------------------------------------ -------------------------------------- ....- ..,...,.. ................................—? WIRELESS ACCESS LAYER -.- -.-. -.- OFFICE EQUIPMENT Admin Staff { .............f s A s Frt Office ; m s ........................................................ ........ ........ Shared aff -. 3 9 Secondary 9C c 3 MBrtaki I IL 3 r .5W S riuewl[with i D_MPS Lu4hy � i PcP.�ni 0q.. 9 9 5feare¢k Secondary DC 3 ' •' SERVERS Back Off ce .. .. S F€nnf 6ff�ce Shared off - r .," Secwndary 0C + d Primary i P€unary FS 9 i UPst F f Of __ .... ._. Shred aff Secondary DC �` I th fl Cis ,i, P d s to bo �ao€s secondary`uc 9 �A J PrYmary 9,ck.p 56rVi<.Y tl ......................._ The current Backup 20 CLIENT WORKSTATIOPSISnetwork 4pphance ; -.-.-- --.-.-- -.-.-- -.-.-- .-.-- -.-.-..._ ._..._._ topology p gy consists of 50MB Aa fiber coming from Frontier FIOS(Fiber Optical Service). This gets routed through our Cisco Meraki MX65W firewall,which also acts as our core router. The Cisco Meraki MX65W provides IDS/IPS (Intrusion Detection/Prevention System)as well as malware protection for the network. By using Cisco's cutting-edge Sourcefire detection engine,the firewall provides real time threat analysis and gives regular reports on its findings to our IT department allowing them to adjust our network security accordingly. Georgia's Records Conversion and Document Imaging Leader Page 200 of 1037 Security report Port By time and priority 9 By siBnatum High Med,uin OL" Irti'�+zt t(tti 1111 �(t{�i�littt{{{�I�� 200 t 11 s t t Ut r r 1r t t 1t £ttA t +)Ss s£A£� 1 t 1S tti � 1t�IS� tt Si�{ti l} �t\bl�li t t t�s y1i�t " S ,Dl t1 {tRt"K } S (t rj}� 't 4� tit II SI 1j�ti{21111 i1S{is �r% 10D l ���� S i 1tt f 4 t£tart I t n\l A i l�{t t+IVA) l tlS 1 tV`vti£11t�\111;1], sVin[e.,ra)g , nnrrl tn� c77a3 � 1215,{1)f!t{ 5.... rrilit. 6 A 4,t 59 09Y22 19 08 09122 22:34 09,2102'00 09+23 05'25 09/230851 0923 12'.17 0923 15'43 OVERS ZE RED.... 47 Time EYent&6 TPme slo- . Prdnrity• Acilan Naiwark ClinnN fiauran OSAt4nation WAG-TRAvMC TMG Up 22 9:24 r TMP 1mins'.1_11 HIP W,V,irw M n a,r I, 16-TRAP FfG�T'AdG .....,.._......�__..._.. Sar 23 15,25rmw�il Gtzn+.tams nrser High iue8 7.t i.4r slar,rs ..E X12+21.d4d 0D: 1—d= '11"t(tN,xxA,M. SAii)>•Rhe'zfCTMG Ser 23952, F�.l Cl ori Ione k:zn,sl High F,ervmii ?Aiss FFla rm a Vance AD TRhMC TMG SUr221&21 f Lgt ;I-.,d...�.a. High Fanrcaa -:.7�§G'.,R'A.f1...._..P.-s.._ ,` S forwarding is setup on the firewall, allowing only specific protocols to be utilized. SFTP (Secure File Transfer Protocol)is configured for secure file transfers to and from our core file server, allowing only authorized users temporary access. DHCP reservations are setup for all servers and networking devices to bolster our network security. Servers Our server room is an air conditioned, combination-locked room that is located in the Administrative offices of ADS. Only high-level management have authority and access to this room. If any changes or issues occur with our servers, IT receives automatic alerts from our Remote Monitoring and Management system(RMM). In addition to remote monitoring,we perform monthly inspections of the network systems, applications and infrastructure to ensure all processes are functioning as designed. Our RMM system also includes Bitdefender, an anti-virus and anti-malware program that runs real time threat detection and automatically quarantines any potentially malicious content. Our core domain controller and file server is a Dell PET430 running Windows Server 2012 Standard (latest available).All source images, files, and metadata are housed in the central file server until processing occurs. Once all data has been processed, it is sent to the customer per their request. Data currently on the server is backed up by our backup appliance. This server also runs our SFTP application allowing for secure file transfers as requested by our customers. The secondary domain controller is a Dell PET410 running Windows Server 2008r2 Standard. This server runs as a backup for our core file server, as well as a redundant file server if required. In addition to the secondary duties, this server also monitors the backups for the primary file server. Email System Our email is currently deployed through Microsoft Office 365, providing the most up to date compliance, including PCI-DSS level one and HIPAA-Business Associate Agreement. By hosting in Microsoft's datacenter,this allows for redundancy for all network operations. Microsoft applies real time malware and spam filtering that helps protect inbound and outbound email from malicious software and spam.Audit logs for the entire mail directory are taken and recorded in Microsoft's Exchange Administration Console (EAC)for review if necessary. In addition to Microsoft's spam filtering,we deploy Proofpoint Email Protection. This provides enhanced security against malware, and also provides URL defense and spoof protection by checking sender-recipient relationship, email headers and domain reputation checks. Proofpoint also employs its own brand of Enterprise Continuity, allowing standalone access in the event of an emergency. This is an automatic service that gets deployed immediately when an outage has occurred. Georgia's Records Conversion and Document Imaging Leader Page 201 of 1037 ANTW�Rk,),S,AND EMAIL PROTECTION 1 MIC—Ort 0411c&H5 R—pilenxts DR—q., -j -._________ ------ - — 'CISl.G 4a1Nrt31tl f�•.— �'YtlBA�AlYl2 Lsn8A A-IGFlfA10 ,f(rf SeCUYd.� AtlIl51FIISfl B[iall VW Ik9f&fll)i"'5 + Cf1YP SN�IACNI. G. s f I l RL4131CYCti 614F1hCGYdl1lj IIUY13 3' M&158�4NbClfi iN&bLIF77 V!'RflOr Yd3'I tE&I ttltlR#4' iy. i \ i1z<.r. i Georgia's Records Conversion and Document Imaging Leader Page 202 of 1037 Backups and Redundancy SCANNING I STORAGE PROCESS Our Cloud®irOM s Iwltx%]swiion t f r •..� f Fatee,Sy �y Littni®4cA i% ,� SsaairaBt;�5'I�.t'�ns I l � cmzesrvns� �E �„M � i f, f' f+liuHtlPUul4M1i[kR'cYuierar i backup appliance runs encrypted virtual images of the server hourly. These backups are stored locally on our Datto device, which provides file level restores as well as a host for the server images locally. Hourly file level restores in addition to real time threat detection which allows for minimum exposure to new viruses, including the new forms of ransomware. These encrypted backups are sent offsite to Datto's secure datacenters which meet SSAE-16 standards. All backups are secured with AES-256 encryption with the passkey kept only by onsite administration. This level of redundancy, in addition to current standards of anti-virus and anti-malware protection help prevent data loss from any type of encryption viruses. In the case of a server failure,we can host the most up to date virtual image on our backup appliance. In addition to providing another level of redundancy, this eliminates downtime while our IT department resolves the issue, allowing us to stay on schedule. In the event the building was compromised, we can to host the server in the cloud, allowing for access to data from one of our other sites if necessary Wireless Wireless access is distributed from the Meraki MX65W using Cisco's WIPS (Wireless Intrusion Protection System)Air Marshal. This allows for real time protection against rogue access points, malicious clients sending packet floods and man in the middle attacks. In compliance with Payment Card Information Data Security Standards (PCI DSS),the device is locked in the server room with limited access by administration and IT. It records wireless archives from WIPS for up to one year.We perform quarterly wireless scans and have monitoring setup for all alerts that get sent to administration and IT. We currently deploy a hidden SSID with a complex password. Only administration staff has access to the wireless network. Wireless access is never used to access or manipulate data on the network. Workstations All workstations on the domain are running Windows 7 Professional or Windows 10 Professional operating systems. Each user has their own Active Directory account,with access to only the application and record batch of which they have been assigned and approved.Workstations dealing with sensitive data have encrypted hard drives following HIPAA guidelines and are properly disposed of after phasing out of the workstation life cycle. Current domain policies dictate all user accounts have a unique password with at least eight characters, including a capital letter and a number. Passwords for all users are required to be changed every 30 days.Workstations are set to automatically lock after eight minutes of idle time preventing any unauthorized access. Georgia's Records Conversion and Document Imaging Leader Page 203 of 1037 Client machines are all individually setup with antimalware and antivirus protection using Bitdefender. Bitdefender is an industry leading real-time anti-virus and anti-malware product that prevents viruses from being run on the local work station as well as proactively scanning emails to ensure no threats exist in any attachments, including OST and PST files.This is provided and actively monitored by our IT department. If a virus or malware is detected, Bitdefender automatically quarantines the item and sends a notification based on severity of the flagged item. This is then processed by IT to ensure proper procedures on virus and malware removal. In addition to software, all client machines are monitored by our IT department.Automated alerts are sent to IT when any hardware failure has occurred. See below for standard workstation hardware and scanning specifications. Common Workstation Configuration (20 total client workstations) Intel Core i5 4GB DDR3 RAM 250GB+ HDD External Hard Drives for backups UPS Battery Backups Windows 7/10 Professional Kodak Production Scanners Kodak Capture Pro Software to Capture, QC, and Index Kodak Production Scanners(Scan Stations) Daily Volume: up to 30,000 pages per day Throughput: 100 pages per minute File Formats:TIFF/Multi-page TIFF, PDF, RTF, TXT, Searchable PDF, PDF-A Features: Streak filtering, controlled stacking, Perfect Page technology, iThresholding, automatic color detection, autocrop, image edge fill (black or white), aggressive crop,deskew, content-based blank page detection &deletion, multi-color dropout, hole fill, automatic orientation Output Resolutions: 100/150/200/240/300/400/600 dpi Compressions : CCITT Group IV; JPEG or uncompressed output Multi-Feed Detection: Intelligent ultrasonic technology; three sensors that work together or independently Georgia's Records Conversion and Document Imaging Leader Page 204 of 1037 Equipment List The list below details our inventory of conversion equipment. We constantly purchase new equipment and software as technology often changes. Qty Description 4 Contex Crystal 40 Plus/HD 4250 Large Format Scanners—Black&White (B&W), Grayscale&Color Scanning Capabilities/ScanOS Software 1 Contex Crystal 40 Plus/HD 4250 Large Format Scanners—Black&White (B&W), Grayscale&Color Scanning Capabilities/ScanOS Software 1 KIP 40 Plus Large Format Scanner—B&W, Grayscale &Color Scanning Capabilities—ScanClient Software —Version 2.0.0.16 1 Kodak i660—120 Page Per Minute (PPM)Scanner/240 Page Per Minute (PPM)Duplex Capability/B&W &Grayscale Scanning Capabilities/Scans Up to Ledger 11"x 17" Size—Kodak Ca turePro Software 6 Kodak i4200—120 Page Per Minute (PPM)Scanner/240 Page Per Minute (PPM)Duplex Capability/ B&W&Grayscale Scanning Capabilities/Scans Up to Ledger(11"x 17")Size—Kodak CapturePro Software 3 Kodak i1440—100 PPM Scanner/200 PPM Duplex Capability/B&W&Grayscale Scanning Capabilities/ Scans Up to Ledger 11"x 17" Size-Kodak Ca turePro Software 1 Fujitsu fi6800—130 PPM Scanner/260 PPM Duplex Capability/B&W&Grayscale Scanning Capabilities/ Scans Up to Ledger 11"x 17" Size 1 Fujitsu fi6670—70 PPM Scanner/260 PPM Duplex Capability/B&W&Grayscale Scanning Capabilities/ Scans Up to Ledger 11"x 17" Size 1 Fujitsu F15900C—120 PPM Scanner/B&W, Grayscale and Color Capabilities/Scans Up to Leger(11"x 17")Size 6 Fujitsu FI-5650C/5750—57 PPM Scanner/114 PPM Duplex Capability/B&W, Coor&Grayscale Scanning Capabilities/Scans Up to Ledger 11"x 17" Size 1 Fujitsu FI-4860C—60 PPM Scanner/120 PPM Duplex/B&W, Coor&Grayscale Scanning/Scans Up to Ledger 11"x17" Size 5 M4097D—IPC (Image Enhancement Controls)—50 PPM Scanner/100 PPM Duplex Capability/B&W& Grayscale Scanning Capabilities/Scans Up to Ledger 11"x 17" Size 6 M4120C—25 PPM Scanner/50 PPM Duplex Capability/B&W, Coor/Grayscale Scanning Capabilities/ Scans Up to Legal 8.5"x 14" Size 1 Mekel Mach V Microfilm Scanner—Quantum Scan Software/B&W and Grayscale Capabilities/Scans 35mm- 16mm roll film/Group IV tiff images and/or Jpeg files are created automatically during conversion. Other file options available. 100% Image Capture 4 Wicks &Wilson- 4100 Microfilm Scanner/B&W and Grayscale Capabilities/Scans 35mm and 16mm roll film/Group IV tiff images are created automatically during conversion. Other file options can be chosen prior to media conversion. 1 Mekel Mach VII Microfiche Scanners—/B&W and Grayscale Capabilities/Scans 35mm, 16mm, Comm Fiche, Jacketed and unjacketed/Group IV tiff images and/or Jpeg files are created automatically during conversion. Other file options available. 100% Image Capture Document Scanning Software: Kodak Capture Pro,Version 5.1.3 and Laserfiche Avante Laserfiche Avante Version 10.0 Wide Format Scanning Software: Nextlmage Scan &Archive,Version 7.3 Microfilm Conversion Software: Quantum Scan 1.02.22/Quantum Process 1.04.77 We utilize Kodak and Fujitsu scanners for our document conversion. In addition,we utilize Kodak Capture Pro scanning software which is a subset of Kofax VRS (Best Practice within our industry). File format is determined at output within our Kodak software. The below chart depicts the various options for this function. Obviously,we can choose from many options including single, multi-page, Group IV TIFF, PDF, Black&White, Color, Grayscale and many other features. Georgia's Records Conversion and Document Imaging Leader Page 205 of 1037 Employment Screening We use a full-service background investigation company that specializes in obtaining pertinent information through criminal background checks. This includes criminal activities, past employment, DMV history, credit reports, drug screening and many other aspects on potential employment candidates. We do not utilize sub-contractors for our services. It is the policy of ADS, to perform pre-employment background checks. The purpose of performing these checks is to determine and or confirm,within appropriate legal and professional limits, the qualifications and suitability of a job candidate being considered. Our policy helps ensure the safety of the public as well as a safe working environment at our company. It also helps ensure that employment related decisions utilizing pre-employment background check are made in accordance with applicable law. The components of each candidate's background check will depend on the job. Depending on the particular position, ADS currently performs identity and address related searches, various types of criminal (including sexual offender) background checks, employment credit checks, and driving record, education, prior employment and professional license verifications. The results of a pre-employment background check are confidential and are to be shared with high level management at ADS, on a strict"need to know" basis. Procedures: 1. Pre-employment background checks are required for all candidates. 2.All candidates are required to sign appropriate authorizations and consents prior to the performing of any pre-employment background checks. 3. Candidates that provide false or misleading information in their application and/or authorization may be eliminated from any further consideration. Candidates are expected to provide accurate and complete information and not to omit material information needed to make a decision. 4. Pre-employment background checks are completed before a candidate is offered a position.All job offers are conditioned upon satisfactory completion of the pre- employment background checks. 5. Prior to taking any adverse action, appropriate pre-adverse and adverse action notices will be discussed to the candidate pursuant to federal and any state laws together with a copy of the report. 6.All candidates are individually reviewed and decisions made with respect to employment based upon the totality of the candidate's qualifications and the results of the pre-employment background checks. 7. In general, the relevance of a particular pre- employment background check to a candidate's eligibility for employment is based upon the following factors: •the nature of the job for which the applicant is being considered •the nature of any adverse or negative information; in the case of a criminal matter,the facts surrounding the matter are particularly relevant•the age of any adverse or negative information;the age of the applicant at the time of the adverse incident in relation to the present may also be relevant. Other Security Measures ➢FDLE background checks are performed on key employees and project team employees who handle sensitive / classified/private data ➢Our driver and warehouse manager is identified through company uniform and has also passed a rigorous FDLE background check. ➢All employees are subject to drug testing and random drug testing is performed monthly. ➢All employees are validated through EVerify(homeland security)prior to employment All employees read and understand our HIPAA security policies. These policies are constantly reviewed by all employees and reinforced by project managers. ➢Managers pass security/HIPAA examinations from the State of Florida ➢We maintain 24-hour surveillance video cameras in all crucial areas of the company. Our cameras at no time directly face monitors or client data. ➢Personal cell phones are prohibited in operational areas of the company. ➢Solicitors and 3rd party vendors are not permitted past our lobby. ➢ All conversion records are processed on specific servers which are backed up nightly ➢Every major operations room in our facility is locked with combinations which change on a periodic basis ➢ADS is independently certified as PCI DSS Merchant Compliant effective 11/05/2016 ➢We utilize Microsoft Office 365 and adhere to all compliance guidelines inherent to that environment. Georgia's Records Conversion and Document Imaging Leader Page 206 of 1037 Microform Conversion (Microfiche/Microfilm/Aperture Cards) The conversion of microform media and the conversion of your paper records theoretically follow the same procedures. We decided years ago to add microform conversion to complement our paper conversion services. We applied the same measurements of quality control with regards to image quality and metadata accuracy to that line of business. We also felt more comfortable not outsourcing that function to another company. At present,we perform the outsourcing services for three major service bureaus in Florida. These companies either do not have the capacity to handle their paper conversion clients, or they do not have the equipment/technical expertise to handle the microform conversion services. We strongly recommend companies, if able, perform a site visit to confirm the microform data is actually being processed at the location where it was sent. This also ensures the conversion takes place at that location and client media is not sent overseas. Advanced Data Solutions is an industry leader in microfilm and microfiche conversion.We have been providing our services for over a decade at the forefront of technology developments and standards. We are partnered with the Crowley Group and utilize their Mekel Microfilm and Microfiche Conversion equipment. Our equipment is superior as is the software and related technology. Our services are performed in-house, including metadata capture, indexing and programming. Nothing is outsourced. While it is common for records conversion companies to outsource Microfilm/Microfiche Conversion Services,we mandate all work be performed in-house. Your media will never be shipped to another large imaging warehouse or operations center overseas.We maintain all equipment at our secured premises providing complete security and climate control areas. Media is only shipped between our conversion facility and client storage areas ADS utilizes Mekel's next generation roll-film scanning and processing software technology. Through Quantum Scan, each roll and card is scanned and captured as a large continuous file providing full capture of all images. During QuantumProcess, individual images can be adjusted for brightness and contrast providing superior image quality.All frames are sized, identified and separated into individual files for full capture. ",AEKEL Texhralogy The name that brought the world its first microfilm scanner MICROFILM A6' NER MICROFICHE SCANNERS e QuantOiProcess Georgia's Records Conversion and Document Imaging Leader Page 207 of 1037 Quantit #4 ,Scan Quant" Process Easy To Use "1 Batch Processing Single or multiple auanfumProwss license avaiialoftenables digital reels to be proce-med across a network by multiple quality assurance technicians Automatic Frame Detection Strip Zoom Capability Regardless of size,QuanfrfmScan will fired any frame Use the image zoom functk)n to allow for automatically on a scanned roll without the need for a range from"quick glimpse'to complicated set up wizards 1,00 fo image capture '"detailed review'for quality and frame guaranteed accuracy Speed Ed iting Tuo lkit Using varying resolution and reduction scenarios,the Mckef Asophisticated toolkit ensures that CH v can operate at speeds up to 5010 framers per minute. multiple editing functions are only a Optimum Resolution mouse click away:frame oreat ion,resize, Offers the highest optical resolution on the market with an delete,insert,overlap,undo,mirror, 5192'pixel CCaArray invert,etc. Template Options Fixed Grid Frame Replication Create lob templates for like rolls,ensuring the continuation Allows for the setting of a fixed image of quick and easy scanning size and spacing to be applied to all Image Quality Settingsframes or selected frames in a group Utilize independent grayscale and tonal settings for one- Blip Removal time,easy set-up to ensure optimum image quality capture Provides theoption to remove blips from frame detection Advanced Focus Option Fine-tune focus within seconds for various film,thicknesses to Irregular Frame Flag ensure optimum image quality Savetime and labor by selecting a Pre-Scan Testing median average of all frame sizes, lagging only those images that Provides quick confirmation that images are correctly framed fall outside of the average for review and that desired image quality has been achieved before starting production scanning Custom Processing Multiple Ribbon output Options: The'all'or"selected'options give the operator the ability to process/export Various strip output fon-nats are available including: all images in a roil or only those uncompressed TI FF,JPEG and b-tonal TIFF pre-selected Advanced Frame detection Multiply output options Qurantam5carr detects simplex,duplex,comic and cine mode film formats on the fly nanous file output options include uncompressed TW, PDF,TIFF G4,4Prt Easy Tran sfer and others i,uanfumacan turns raw roll footage into manageable stnps, Additional output options include. allowing for easy transfer to centralized storage and quality grayscale files only;bi-tonal filers only, assurance or simultaneous grayscale and b1-tonal Easy Worktlow Integration lies l2urantum carr enables scripting integration to launch custom rzed functionality within the software or for third party applications Georgia's Records Conversion and Document Imaging Leader Page 208 of 1037 100% Image Capture Note how all images are captured and framed. Frames are adjusted and individual images enhanced for brightness, darkness and contrast, all prior to process and output. The software scans the entire roll as ONE continuous strip file. Images are framed by the software and adjusted by the operator. Because it is a continuous file prior to processing, no images are missed. Only Mekel scanners and Quantum software guarantees 100% image capture. .rn-�s !?r (, 04 MUM o~ ` 1 Images highlighted in red indicate scan operator intervention is required. Microfilm is not always created with perfect spacing and alignment. Our sophisticated software accurately frames 95%of most film. However, the intelligence will identify images that do not appear uniform. Our scan operators quickly reframe/split such images so that clean images result. FUaraflnU 10'.1-1 6--1 r+e>rr rvmmw}Faxmaly GdxxP Sd�t Pr 1I kA9 rN`U°ftp R! 'A kN6l SL I lGPNtlriPNaL 9pNFpP it LR$BM6C ES, i i3h 1A WAt d}�wa (M,PgpAEMk CALlFi1RH.4AY A�$Ppflx tMRR4VNF FR{NyRRq, ��� [iekNlW= ,iMCS:.s 7 C"ne5ured rn,�aa�wxr .. ut �� i'+ssha�i+rw unss 6� ` r �rr+.nrra a t� _ � t r ""'7171" r P � }�{ � iwaYgtl '�rh �'ri i E^36'a 1 � L yy 7 �� 7 4�Ld�m94rs sN=».V..k z R F �'4N�APi 1 9a+rrn E- 1 LLl`!� I1V R k tom`9: I �1 AJ I s I ! Georgia's Records Conversion and Document Imaging Leader Page 209 of 1037 Within Quantum Process,we have can view images in both grayscale and bitonal while scanning. This allows us to monitor both the quality of both image types. It gives us the ability to better measure the effects of changes we make to image quality sliders. j,. .. d g sm hmees M:tea.GO- --. ks+ate (nFr �J JF 50wiv ''... Quantum Process allows us to output to all"industry standard"file formats. Process output � R= controls what format the extracted image frames are saved in. Bitonal,jpeg, both or pdf. We can also set the quality and the compression so that maximum value on this control willRON equal the quality of the original scan. -B brel6r�d¢umrm -. -; ikesMN �KW eW.ak 6alais �rcaJa Fomarg --. -_ oma, r Asn C'�mxm. up-, r.,� The below chart represents the process for microfiche/microfilm/aperture card F- conversions. art call Process , Georgia's Records Conversion and Document Imaging Leader Page 210 of 1037 File Reduction We utilize the below reduction table to establish thresholds during Beta Testing and through project completion. Several test runs are initially performed and presented to the client so that consideration can be given to both image quality and file sizes. Special attention is given to page framing such that over-framing does not result in higher file sizes and under-framing does not result in lost information. As demonstrated above, our software is set to auto frame initially and our scan operator can manually adjust individual images, blocks of images and an entire strip file or roll of microfilmed images. ftdUCMM Table 7b=am fixed limier to the maximum,native scanning resolution for each of the three optical formats on.the Mach'VI V[.'Me maximum native resoludon for the media being scanned imm be detffmined by dividing the scating;fh etor for the optical format used by the reduction of the media being scanned. 'The scaling fiactors for each of the optical formats are. 35MM=6,000 24x=12,000 42I48x"14,400 For example,in the 24 x position fiche with, s filmed at a 30x reduction could be scaianed at up to 400dpi(12,000 divided.by 30=400 It is possible to scan and save images at resolutions above the maxitnurn native nMhUion, but the addition,data is citated fluough interpolation and does not incmaso image quality but d file sim of scanned images.. The table below lim the maximum.native msolutiom for oommon.reductions in a1]dwft optical formats. 3 s1A 7.d 4?l 12X 50dpi 10OOdpi 1200dpi. 16X Mdpi 750dpi 20X 3 24X 250dpi 501pi Ampi 29X 214dpi 428dpi 514dpi 32X I8W, 3?Sdpt 4 36X 167dpi 333dpi 4 40X 150dpi 300dpi 360dpi 42X 143dpi 286dpl 342dpi 48X 125dpi 250dpi 300dpi Proof of 52X 115dpi 230dpi 7-7do Concept and Beta Testing Consistent with the paper conversion of your initiative,we will submit samples for testing at project inception. During this phase,we process a small batch of your records and provide you with source files and related index data. This data will be uploaded into your OnBase system for review. If there are any required changes,we will make any necessary modifications and re-submit. Once your staff approves our file format, indexing scheme and upload sequence, full conversion will commence. Georgia's Records Conversion and Document Imaging Leader Page 211 of 1037 Conversion Services Pricing City of Fort Lauderdale Contract Prices Service Description Price ..11111111 Smaller than 11" X 17" Scanning 300 DPI to TIFF or PDF BNV 0.0345 per image Larger than 11"X 17" Scanning 300 DPI to TIFF or PDF Color 0.4150 per image Preparation Doc Preparation Included Keystroke Over 30 Keystroke Per Document 0.0025 per External Hard Drive (ADS Property to transport Included Images) Pickup and Delivery Our company vans can hold 100 1.2 cubic Included boxes Destruction Secure Shredding $0.10 per Pound Department Boxes Small Format Large Format Planning 136 136500 45250 landscape 8 12000 2000 Engineering 10 15000 2500 Comm. Improvement 60 150000 0 Comm. Improvement (OLD) 32 80000 0 Building 200 210000 38000 As Built 2 0 1000 Total 448 603500 88750 Ft. Lauderdale pricing 0.0345 1 0.415 Cost $20,820.75 $36,831.25 Georgia's Records Conversion and Document Imaging Leader Page 212 of 1037 s r AGREEMENT FOR SCANNING,INDEXING,IMAGING AND MEDIA CONVERSION SERVICES THIS AGREEMENT, made this 16th day of MAY 2017, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, and Advanced Data Solutions, Inc., a Florida corporation, ("Contractor") whose address is 141 Scarlet Boulevard, Suite A, Oldsmar, Florida 34677,Phone: 813-855-3545,Email:mengle(a7adsus.net. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration,the City and the Contractor covenant and agree as follows: WITNESSETH: I. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement(Form P-0001): (1) Request for Proposals No.575-11786,SCANNING,INDEXING,IMAGING AND MEDIA CONVERSION SERVICES, including any and all addenda,prepared by the City of Fort Lauderdale,("RFP"or"Exhibit A"). (2) The Contractor's response to the RFP,dated November 8,2016,("Exhibit B"). All Contract Documents may also be collectively referred to as the"Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction,the following priority is established: A. First,specific direction from the City Manager(or designee) B. Second,this Agreement(Form P-0001) dated MAY 16 ,2017,and any attachments. C. Third,Exhibit A D. Fourth, Exhibit B II. SCOPE The Contractor shall perform the work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all work identified in this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. CAM 17-0502 Exhibit 11 pOetle1213 of 1037 4 Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed. III. TERM OF AGREEMENT The initial contract period shall commence on May 16, 2017, and shall end on May 15, 2020. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City,to wit, September 30th,the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds. IV. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. V. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen(15) days of the end of the month except the final invoice which must be received no later than sixty(60)days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper,all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition,or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary,City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. CAM 17-0502 Exhibit 11 Pfaff-61214 of 1037 VI. GENERAL CONDITIONS A. Indemnificaflon Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages,settlements,judgments,claims,costs, charges,expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses, penalties, fines, damages, settlements,judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any copyrighted, patented or un-patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. if the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design,device,or materials in any way involved in the work. C.Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if the City erroneously, improperly or unjustifiably terminates for cause,such termination shall be deemed a termination for convenience, which shall be effective thirty(30)days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in thisAgreement. CAM 17-0502 Exhibit 11 P%gef 215 of 1037 D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for UnalnronriatCd Funds The City reserves the right, in its best interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. insuranc The Contractor shall furnish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following minimum insurance coverage is required. The commercial general liability insurance policy shall name the City of Fort Lauderdale, a Florida municipality, as an "additional insured." This MUST be written in the description section of the insurance certificate, even if there is a check-off box on the insurance certificate. Any costs for adding the City as"additional insured"shall be at the Contractor's expense. The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or modification of any required insurance. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by an A.M. Best's "A-"rated or better insurance company authorized to issue insurance policies in the State of Florida,subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this solicitation shall be deemed unacceptable,and shall be considered breach ofcontract. Workers'Compensation and Employers' Liability Insurance Limits: Workers' Compensation—Per Chapter 440, Florida Statutes Employers' Liability-$500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the CAM 17-1502 Exhibit 11 PRa 6 216 of 1037 City's Risk Manager, if they are in accordance with Florida Statute. Foradditional information contact the Department of Financial Services, Workers'Compensation Division at(850)413-1601 or on the web at www.fldfs.com. Commercial General Liability Insurance Covering premises-operations,products-completed operations, independent contractors and contractual liability. Limits: Combined single limit bodily injury/property damage$1,000,000. This coverage must include, but not limited to: a. Coverage for the liability assumed by the contractor under the indemnity provision of the contract. b. Coverage for Premises/Operations c. Products/Completed Operations d. Broad Form Contractual Liability e. Independent Contractors Automobile Liability Insurance Covering all owned, hired and non-owned automobile equipment. Limits: Bodily injury $250,000 each person, $500,000 each occurrence Property damage $100,000 each occurrence Ober and Privacy Liability Insurance Limits: $1,000,000 Certificate holder should be addressed as follows. City of Fort Lauderdale Procurement Services Division 100 North Andrews Avenue, Room 619 Fort Lauderdale,FL 33301 G. Environmental.Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors, with all applicable environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the work. Contractor agrees to utilize protective devices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof,and warrants that all such persons shall be fit and qualified to carry out the Work. CAM 17-0502 Exhibit 11 X66 217 of 1037 H. Standard of Care Contractor represents that he/she/it is qualified to perform the work, that Contractor and his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights in Documents and Wark Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention gf H,"ords City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form,or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor,as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof; however, Contractor and Contractor's subcontractors shall violate no confidentiality or non-disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. CAM 17-0502 Exhibit 11 PtaoeF218 of 1037 The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. K. Public Entit;Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time,for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement,and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. In providing such services,neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever, M. Inspection and Nan-Waiver Contractor shall permit the representatives of CITY to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance,by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and CAM 17-0502 Exhibit 11 PRa6er 219 of 1037 skilled in the area(s)for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s)provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. In addition, Contractor shall maintain a business associate agreement with any such subcontractor,requiring any such subcontractor to comply with the Health Insurance Portability and Accountability Act of 1996 as amended, the Privacy and Security Rules ("Privacy Rule"), as codified in 45 Code of Federal Regulations Parts 160 through 164, and the privacy, security, and security breach notification provisions applicable to a business associate pursuant to Subtitle ❑ of the Health Information Technology for Economic and Clinical Health Act which is Title XIII of Division A of the American Recovery and Reinvestment Act of 2009(Public Law 111-5), 42 U.S.C.A. §17921 et seq. (2017), as may be amended or revised, ("HITECH"), any regulations promulgated thereunder, and any amendments to the Privacy Rule. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor's subcontractors or by any of Contractor's subcontractors' officers,agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. O. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic ar incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall,during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing,as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves,including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such CAM 17-0502 Exhibit 11 PRS�dr 220 of 1037 subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. Q. MaterialliU and)&aiver of Breach City and Contractor agree that each requirement,duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore,a material term hereof. City's failure 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 terms of this Agreement. R Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of$1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. CAM 17-0502 Exhibit 11 PRaost 221 of 1037 U. .iurisdietion-Venue.Waiver.Waiver of Jua Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement,and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation,the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. 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 the Mayor-Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prim Agreements This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. X, Payable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants 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 and does so with full legal authority. Z. [Incontrollable Circumstances("Force Majeure"] The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency,war,riot, civil commotion, CAM 17-0502 Exhibit 11 Pap64 Lg�222 Of 1037 malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance,provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure;and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above,performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure.The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. AA. Scrutinized Companies Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012),affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2015), that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2016), as may be amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2016), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2016), or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2016), as may be amended or revised. BB. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CAM 17-0502 Exhibit 11 PaPd66 2223 of 1037 f THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, 33301, PHONE: 954-828-5002, EMAIL: PRRCONTRACT@FORTLAUDERDA LE.GO V. Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter l 19, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. 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 this contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of this 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 recd completion of this Contract, the Contractor shall meet all applicable retaining public records. All records stored electronically must be upon request from the City's custodian of public records, in a ible with the information technology systems of the City. e City and the Contractor execute this Contract as follows: �0� p CITY OF FORT LAUDERDALE 56 i G By. ', ity Clerk Lee R. Fe man, ity Manager �^ . Approved as to form: '� f ■��i� •�� , Cynthia A. Everett,City Attorney Assistant ' y ttorne CAM 17-0502 Exhibit 11 P"d9224 of 1037 r WITNESSES: ADVANCED TA SOL TIONS, INC. P By: Si atu Melody .Engle, i5irector Print Name: YxL,�8. Ue-N 6 1 Print Title: ❑ SCC Gk� ;# Signature iii:Name: So►.x le: SC Lr-C%e4 N1A �►Hlfit, N coL �,I?ORATE SEAL) m t. STATE OF COUNTY OF A e kf The foregoing instrument was acknowledged before me this day of 2017, by Melody S. Engle as Director for Advanced Data Solutions Inc.,a Florida corporation. (Signature of Notary Publi (SEAL) Notary Public, State of r CAROL L OftOSKI > y COM 19slON r FF243NO EXPIRES June 28.2019 (Print,Type, or Stamp Commissioned Name of 13 4153 $"" '`°'" Notary Public) Personally Known v ❑R Produced Identification Type of Identification Produced CAM 17-0502 Exhibit 11 PaP'9d9 X25 of 1037 { BUSINESS ASSOCIATE AGREEMENT MAY Agreement is made and entered into this 16th day of 2017, by and between. the City of Fort Lauderdale, a Florida municipality (hereinafter referred to as the "Covered Entity" or "City") and Advanced Data Solutions, Inc., a Florida corporation, (hereinafter referred to as "Business Associate" or"Contractor"). WHEREAS, the Covered Entity and the Business Associate have established a business relationship in which Business Associate, acting for or on behalf of Covered Entity, receives Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 ("Act"); and WHEREAS, the Covered Entity and the Business Associate desire to comply with the requirements of the Act's Privacy Rule as further set outbelow. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, the Covered Entity and the Business Associate agree as follows: 1. Definitions a. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy and Security Rules ("Privacy Rule"), as codified in 45 Code of Federal Regulations Parts 160 through 164, as may be amended. 2. Obligations and Activities of Business Associate a. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required by Law. b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. C. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware. e. Business Associate agrees to ensure that any agent or subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the CAM 17-0502 EXHIBIT 12 Page 1 of 8 Page 226 of 1037 5 same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. f. Business Associate agrees to provide access, at the request of Covered Entity, and in a reasonable time and manner, to Protected Health information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 C.F.R. § 164.524, if the Business Associate has Protected Health Information in a Designated Record Set. g. Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 C.F.R. § 164.526 at the request of Covered Entity or an Individual, in a reasonable time and manner, if Business Associate has Protected Health Information in a Designated Record Set, or take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.526. h. Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or to the Secretary, in a reasonable time and manner or as designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. i. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528. j. Business Associate agrees to provide to Covered Entity or an Individual, within thirty (30) days of receipt of a written request from the Covered Entity or an Individual, information collected in accordance with Section 2.i of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528. k. Sections 164.308, 164.310, 164.312, and 164.316 of Title 45, Code of Federal Regulations, shall apply to Business Associate in the same manner that such sections apply to Covered Entity. I. Business Associate shall comply with the privacy, security, and security breach notification provisions applicable to a business associate pursuant to Subtitle D of the Health Information Technology for Economic and Clinical Health Act which is Title XIII of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), 42 U.S.C.A. §17921 of seq. (2017), as may be amended orrevised, ("HITECH"), any regulations promulgated thereunder, and any amendments to the Privacy Rule, all of which are hereby incorporated herein by reference. 3. Permitted Uses and Disclosures by Business Associate CAM 17-0502 EXHIBIT 12 Page 2 of 8 Page 227 of 1037 a. Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement for Scanning, Indexing, Imaging and Media Conversion Services dated May 16, 2017, between the City of Fort Lauderdale and the Business Associate ("Original Contract"), provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 4. Specific Use and Disclosure Provisions a. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. b. Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. C. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B). d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. § 164.502a)(1). e. Business Associate may use Protected Health Information to deidentify the information in accordance with 45 C.F.R. 164.514(a)-(c). f. Business Associate may use Protected Health Information as required by law. g. Business Associate agrees to make uses and disclosures and requests for protected health information consistent with Covered Entity's minimum necessary policies and procedures. h. Business Associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth above. 5. Obligations of Covered Entity CAM 17-0502 EXHIBIT 12 Page 3 of S Page 228 of 1037 a. Covered Entity shall notify Business Associate of any limitation(s) in the notice of privacy practices of Covered Entity in accordance with 45 C.F.R. § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose his or her Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. C. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 6. Permissible Requests by Covered Entity a. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under Subpart E of 45 C.F.R. Part 164 if done by Covered Entity, except that Business Associate may use or disclose Protected Health Information for data aggregation or management and administrative activities of Business Associate if required by the terms of the Original Contract. 7. Term and Termination a. The Term of this Agreement shall be effective as of the effective date of the Original Contract, and shall terminate when the Original Contract terminates. Upon termination, all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, shall be destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, or if it is illegal to destroy Protected Health Information, the protections are extended to such information, in accordance with the termination provisions in this Section. b. Upon either parry's knowledge of a material breach by the other party, the nonbreaching party shall either: 1. Provide an opportunity of at least thirty (30) days for the breaching party to cure the breach or end the violation and terminate this Agreement and the Original Contract if the breaching party does not cure the breach or end the violation within the time specified by the nonbreaching party; 2. Immediately terminate this Agreement and the Original Contract if the breaching party has breached a material term of this Agreement and cure is not possible; or CAM 17-0502 EXHIBIT 12 Page 4 of S Page 229 of 1037 3. If neither termination nor cure is feasible, the nonbreaching party shall report the violation to the Secretary. C. Effect of Termination 1. Except as provided in paragraph (2) of this section, upon termination of this Agreement, for any reason, Business Associate shall return, or destroy, except as prohibited by the Florida public records law, all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2. In the event that Business Associate's return or destruction of the Protected Health Information would be infeasible or illegal, Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible or illegal, for so long as Business Associate maintains such Protected Health information. Upon written request from the Covered Entity, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible or illegal. At all times Business Associate shall comply with the Florida public records law and exemptions therefrom, and applicable Florida records retention requirements. 8. Miscellaneous a. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended or revised. b. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. If the parties are unable to reach agreement regarding an amendment to this Agreement, either Business Associate or Covered Entity may terminate this Agreement upon ninety (90) days written notice to the other party. C. The respective rights and obligations of Business Associate under Sections 7(c)(1) and 7(c)(2) of this Agreement shall survive the termination of this Agreement. d. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule. e. Business Associate shall indemnify, hold harmless, and defend at Business Associate's expense, counsel being subject to Covered Entity's approval, the Covered Entity, and the Covered Entity's officers and employees (collectively "indemnitees"), against any and all claims, actions, lawsuits, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses incurred by any of the indemnitees CAM 17-0502 EXHIBIT 12 Page 5 of S Page 230 of 1037 �IIII�MNIII arising out of or in connection with Business Associate's or any of Business Associate's officers', employees', agents', or subcontractors' breach of this Agreement or any act or omission by Business Associate or by any of Business Associate's officers, employees, agents, or subcontractors, including Business Associate's failure to perform any of its obligations under the Privacy Rule, Business Associate shall pay any and all expenses, fines, judgments, and penalties, including court costs and attorney fees, which may be imposed upon any of the indemnitees resulting from or arising out of Business Associate's or any of Business Associate's officers', employees', agents', or subcontractors' breach of this Agreement or other act or omission. f, Venue for any lawsuit or any other legal proceedings brought by either party against the other party or otherwise arising out of this Agreement, shall be in Broward County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida, with appellate jurisdiction in the respective corresponding appellate tribunais. g. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT 954-829-5002, f!IlKontrad@fgrtlaudgrdale.ggvl, 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, Attention; City Clerk, Notwithstanding anything contained in this Agreement to the contrary, except as otherwise provided by federal law, Contractor shall. 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law. 3. 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 this contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of this 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 this Contract, the Contractor shall meet all applicable requirement; for CAM 17.0502 EXHIBIT 12 f' firsfA Page 231 of 1037 retaining public records. All records stored electronically must be provided to the City, porgy request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) [SIGNATURE PAGE FOLLOWS] CAM 17-0502 EXHIBIT 12 Page 7&8 Page 232 of 1037 r ' EOF, the City of Fort Lauderdale and Advanced Data Business Associate Agreement as follows: CITY F ER E i y:.r • A. re ' .lo Jacko eiler, Mayor � w -49 Bio • iIt ." Y •+�-+sem Lee R. Feldman, City Manager e +l,.ci JIV, Approved as to form: Cynthia A. Everett, CityA rney By: Assistant C ( ttorney r Ilii Advanced Data Solutions, Inc. By MI a. lla, ll irecttx s� EAL) MJF TSTAOF u of , w The foregoi g Business Associate Agreement was acknowledged before me this day of , 20'17, by Melody S. Engle as director for Advanced Data Solutions, Inc. a Florid corporation. (SEAL) (�� L- Notary Public, State of AR ��Ii[I (Signature of Notary Public - State of,�_) , e MY CC%^M1M 9 FF24-VO � CLY EXPRES JON.26.x0,18 �ea �siyec+�a (Print, Type, or Stamp Commissioned Name of Notary Public) Personatiy Known QR Produced Identification Type of Identification Produced_ CAM 17-0602 EXHIBIT 12 F'a"8of8 Page 233 of 1037 6.F. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R118-088-Approving and authorizing the City Manager to sign an Agreement with Williams Scotsman, Inc., utilizing the National I PA Contract#R160101 with W illiams Scotsman, I nc. of West Palm Beach, FL for rental of 60 x 24 and 60 x 48 modular trailer in the amount of$82,263.25 for the temporary library site located at 115 North Federal Highway. The City's procurement policies allows the use of National IPA contracts. EXPLANATION OF REQUEST: On March 13, 2018, the City Commission approved the Town Square master development agreement for the construction of a city hall, library, police headquarters, fire station, central energy plant, open space, playground, and related infrastructure improvements. As part of that project it is necessary to relocate the Library services to it's temporary location at 115 North Federal Highway. In addition to the building to accommodate all staff and programs it is necessary to utilize modular trailers on site. Staff is recommending two (2) modular trailers, one (1) 60 x 24 for 12 months and one (1) 60 x 48 for 18 months. Additionally the City's Risk Management Division is recommending including the optional property damage waiver as outlined in exhibit 2 & 3 for the duration of the agreements. In addition to the base agreement the City will have an have an option to go month to month after expiration of the agreement if necessary. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Rental of modular trailers is necessary to allow the library to operate at the 115 North Federal Highway location. FISCAL IMPACT: Budgeted The costs will be charged to account 001-1214-512-44-42. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 234 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving piggyback agreement with Williams Scotsman for temporary library trailers D Agreement Piggyback Agreement D Letter National IPA Cover Letter D Letter National IPA Award Letter D Contract Exhibit 1 ® National IPA Contract D Quotes Exhibit 2 ® Proposal 60 x 24 Trailer D Quotes Exhibit 3® Proposal 60 x 48 Trailer D Exhibit Exhibit 4® Terms & Conditions w/Strikeout Page 235 of 1037 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PIGGY-BACK OF A NATIONAL 6 IPA CONTRACT #R160101 WITH WILLIAMS SCOTSMAN, INC., 7 OF WEST PALM BEACH, FL FOR RENTAL OF TWO MODULAR 8 TRAILERS IN THE AMOUNT OF $82,263.25 FOR THE 9 TEMPORARY LIBRARY SITE LOCATED AT 115 NORTH 10 FEDERAL HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, as part of the Town Square project approved by the City 13 Commission it is necessary to relocate the Library services to a temporary location at 115 14 North Federal Highway and to use modular trailers on the property in addition to the 15 building that is already there; and 16 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 17 National IPA Contract#R160101 with Williams Scotsman, Inc., for rental of two modular 18 trailers in the amount of $82,263.25 for the temporary library site located at 115 North 19 Federal Highway. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves the piggy-back of a National IPA Contract #R160101 with Williams Scotsman, 27 Inc., for rental of two modular trailers in the amount of $82,263.25 for the temporary 28 library site located at 115 North Federal Highway. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3D435D9E-C1D1-4486-9E2D-633776054D1A\Boynton Beach.I I I 14.1.Piggy-Back National_IPA Temporary_Trailers_(Williams_Scotsman)_-_Reso.Doc Page 236 of 1037 29 Section 3. The City Manager is hereby authorized to sign a contract with 30 Williams Scotsman, Inc., a copy of which is attached hereto as Exhibit"A". 31 Section 4. That this Resolution shall become effective immediately. 32 PASSED AND ADOPTED this day of , 2018. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 49 VOTE 50 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 (City Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3D435D9E-C1D1-4486-9E2D-633776054D1A\Boynton Beach.I I I 14.1.Piggy-BackNational—IPA Temporary_Trailers_(Williams_Scotsman)_-_Reso.Doc Page 237 of 1037 CONTRACT This Contract is made as of this day of 2018 by and between WILLIAMS SCOTSMAN, INC ., a foreign corporation authorized to do business in the State of Florida, with offices at ("Williams Scotsman"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, as part of the Town Square project, the Boynton Beach City Library will be temporarily relocating to 115 North Federal Highway; and WHEREAS, in order to accommodate staff and programs it is necessary to utilize modular trailers onsite; and WHEREAS, the City is piggy-backing the National IPA Contract #R160101 with Williams Scotsman, Inc., for rental of 60 x 24 and 60 x 48 modular trailers, in the amount of $82,263.25, for the temporary library site located at 115 North Federal Highway; 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 Contract. Section 2. Contract Documents. The City and Williams Scotsman agree that Williams Scotsman will provide the rental of 60 x 24 and 60 x 48 modular trailers in the amount of $82,263.25 for the temporary library site located at 115 North Federal Highway, based on the following exhibits, which, in conjunction with the Contract, shall constitute the Contract Documents: 1. Exhibit 1 - The National IPA Contract #R160101, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided; 2. Exhibit 2 — Williams Scotsman Quote, Contract Number: 888903, dated June 8, 2018; 3. Exhibit 3 — Williams Scotsman Quote, Contract Number: 892065, dated June 15, 2018; and 4. Exhibit 4 — Williams Scotsman, Inc. Lease Agreement Terms and Conditions, dated August 1, 2015. {00236970.1306-9001821} Page 1 of 6 Page 238 of 1037 A. As to Exhibit 1, the National IPA Contract #R160101, all references to National IPA or Region 4 Educational Services Center (Region 4 ESC) shall be deemed to be references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The venue of any action taken to enforce this Contract shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. Section 3. Indemnification. A. The City of Boynton Beach does not agree to the liability and indemnity provisions stated in the Williams Scotsman Quotes (Exhibits 2 and 3) and the Williams Scotsman Terms and Conditions (Exhibit 4). B. The City does not contractually accept responsibility for liability arising out of full or partial negligence, acts, or omissions of Williams Scotsman, its agents or employees, as stated in Section 11 of Exhibit 4. C. Subject to the limiting provisions of Florida Statute 725.08, Williams Scotsman shall indemnify, and hold harmless the CITY, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Williams Scotsman's own employees, or damage to property caused by a negligent act, omission or failure of Williams Scotsman, or intentional wrong doing of Williams Scotsman or other persons employed or utilized by Williams Scotsman in performance of Williams Scotsman's duties pursuant to its agreement with the City. Neither party to this Contract shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. {00236970.1306-9001821} Page 2 of 6 Page 239 of 1037 Section 4. Insurance. A. The City does not agree that Williams Scotsman will be the sole determinant as to whether reparation of the equipment is "uneconomical" as stated in Section 12 of Exhibit 4. B. In the event of any property or equipment damage, the City reserves the right to seek the most practical, efficient and cost effective measures to secure temporary facilities while the equipment was being repaired or replaced. C. The City agrees to obtain optional property damage waiver offered by Williams Scotsman as outlined on page one of Exhibit 2 and 3 for the duration of agreement as specified. D. The Contractor (installer) shall secure and maintain in force commercial general liability insurance which shall cover liability arising from any and all personal injury or property damage in the amount of at least one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Worker's Compensation coverage shall also be furnished which shall cover the statutory disability and medical benefit requirements. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. All insurance required by the express provision of the Agreement shall be carried only by insurers rated at least "A-, VI" or better by the current A.M. Best Key Rating Guide, that are licensed to do business in the State of Florida, and that have been approved by the City. Section 5. Warranties and Representations A. Williams Scotsman 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 work with the City to implement the terms and conditions of this Contract. Williams Scotsman's services shall meet a standard of care for leasing modular trailers and related services equal to or exceeding the standard of care for the industry under similar conditions. {00236970.1306-9001821} Page 3 of 6 Page 240 of 1037 Section 6. Compliance with Laws A. Williams Scotsman shall, in performing the services contemplated by this 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 Williams Scotsman's services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the work and services that are the subject of the Contract. Section 7. The City Commission may terminate this Agreement if CONTRACTOR is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Section 8. In the event the National IPA Contract is amended or terminated prior to its expiration, this Contract between the City and Williams Scotsman shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated in writing by the parties hereto. Section 9. Any and all insurance obtained by Williams Scotsman in connection with this Contract shall name The insurance required shall name the City of Boynton Beach as an additional insured the Certificate of Insurance. Section 10. PUBLIC RECORDS. The City is public agency subject to Chapter 119, Florida Statutes. The Williams Scotsman shall comply with Florida's Public Records Law. Specifically, the Williams Scotsman 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 {00236970.1 306-90018211 Page 4 of 6 Page 241 of 1037 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 WILLIAMS SCOTSMAN 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@BBFL.US Section 11. In all other aspects, the terms and conditions of the National IPA Contract, are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Judith A. Pyle, CMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WILLIAMS SCOTSMAN, INC . WITNESSES: Sign BY: Print Print Name: Title: Sign Print {00236970.1306-9001821} Page 5 of 6 Page 242 of 1037 ATTEST: CORPORATE SECRETARY {00236970.1 306-90018211 Page 6 of 6 Page 243 of 1037 .a CERTIFIED PROPOSAL NUMBER NATIONALIPA RE: CERTIFIED PROPOSAL NUMBER Dear Valued National IPA Participant: Thank you for your consideration in accessing and potentially utilizing a National IPA cooperative contract. Each contract in the National IPA portfolio has been competitively solicited and publicly awarded by a government/education entity. For those contracts that utilize proposals, particularly contracts for facility and construction projects, we have implemented the National IPA Certified Proposal Number (CPN) system, a proposal registration program. This new system will track transactions from the initial proposal stage to the completion of each project, and provide consistency and faster service for your agency. It will also allow us to assist you with verification of contract compliance and consistency. THE CPN PROCESS Awarded contract suppliers register your project with National IPA and receive a CPN. That CPN (noted above) should be prominently displayed on proposal(s) utilizing the cooperative contract. The CPN will also alert our dedicated and experienced National IPA team, who will work to support you and the awarded supplier during the process. Your National IPA representative may be found at www.nationalipa.org, or by contacting National IPA Customer Relations at info@nationalipa.org. Thank you for your participation with National IPA. Sincerely, The National IPA Team Page 244 of 1037 _.7 MA it—I PN NATIONALIPA w The Cooperative Purchasing Neilwork Enhanced Portfolio I Unified Focus I Continued Trust June 16, 2015 Mr. Timothy Q. Boswell Vice President of Finance Williams Scotsman, Inc. 901 S. Bond Street, Suite 500 Baltimore, Maryland 21231-3357 Re: Award of Contract# 8160101 Dear Mr. Boswell: Per official action taken by the Board of Directors of Region 4 Education Service Center, on June 14, 2015, National IPA—TCPN is pleased to announce that Williams Scotsman has been awarded an annual contract for the following, based' on the sealed proposal (RFP# 15-01) submitted on March 10, 2016: CommoditylService Contractor Modular Buildings, Portable Storage Williams Scotsman and Relocatable Walkways The contract is effective July 1, 2016 and will expire on Juste 30, 2019_ As indicated above, your Contract # is 8150101. This contract may be renewed annually for an additional two (2) Years if mutually agreed by Region 4 ESC/National IPA—TCPN and William Scotsman. Your participation in the proposal process is appreciated and we look, forward to a successful partnership. Please feel free to provide copies of this letter to your sales representative(s) to assist in their daily course of business. If you have any questions, please feel free to contact Clint Pechacek at 713.554.7349. Sincerely, Deborah Bushnell, CTSBC Contract Manager 225 Meridian Blvd. SL11te 300 Franklin, TN 7067 ,.. F Pa e 245 of 1037 '^ r —, -.. .. roams=��^tt•. "?,eth- -":�'�`°^rwc: � ,1... 'kms^.,,€�uykw;`�7tiY��st �a r r. PN` SCOTSMAN r... 0 r' r� ® Ar&Y,M cra 11C Titin Cccperstk Purchasing Neumrk I i Vendor Contract&Contract Signature Form Secretary Certificate General Terms and Conditions Acceptance Form WS Standard Lease and Sale Agreements Proposal Clarifications Facility Solutions Special Terms and Conditions='i!!''endor Acceptance Foran Vendor Orientation Crimmilment Williams Scotsman Questionnaire Williams Scatsman Company Profile Company Information Market-Ing l Sales Administration Green Initiatives Vendor Certili ,ations t Building Specifications Building Iiloorplans Approacb to Project Sample Work Flan >Rtsumes Subcontract flan. References Boom Pricing Matrix Texas State Pricing Coefficient listing 1111111 11 1 111 111 1111 11 111w J, giiii! Williams Scotsman Value Added Products MENEMENNIEN DOC t#1 Clean Air and Water Act IICC#2 Debarment Notice DOC 43 Lobbying Certifie-ation DOC t#4 Contractors Requirements DOC#5 Antitrust Cortifiwation Statement: DOC 96 Certification of Interested Parties DOC 7—11 Not Applicable—NJ Not proposed Acknowledgement&Acceptance of Region 4 ESC Open Records Policy Page 247 of 1037 SCOTSMAN Pr ALGECO SCMKAN Ccrnpany March 10, 2016 Mr. Jason Wickel The,Cooperative Purchasing Network 7145 West Tidwell Houston, TX 77092 RE: ESC REGA &TCPN RFP Region 4 ESC & TCPN - Modular Buildings, Portable Storage, & Relocatable Walkways - Solicitation Number 16-01 Dear Jason Mickel: Williams Scotsman, the nation's leading supplier of mobile and modular buildings, is pleased to present our response to your RFP for Modular Buildings, Portable Storage, and Pel table Walkways. We feel confident that after your review of the proposals, Williams Scotsman will prove to be the continued best provider for TCPN members outstanding value through our combination of product offerings, seasoned, sales and management teams, complete geographical coverage, dedication to customer service and competitive pricing. We appreciate and value the relationship Williams Scotsman has enjoyed with Region4 and TCPN overthe past 14 years. Williams' Mike Aldrich and Mark Prejean, as well as a team of others within Williams,are currently working diligently with TCPN and National 1PAto increase training and team marketing in different geographies, We are on track to,have a TCPN/National IPA presentation at our WS National Sales Meeting. We look forward to continuing our relationship and to further expanding this contract throughout the nation. Should you have any questions or wish to discuss any aspect,of our proposal further, please do not hesitate to call I can, be reached at (817)457- 5300, ext. 45401. Sincerely, Douglas 0. Robinson Real Estate Manager, North America WILLIAMS SCOTSMAN,INC. 901 South Bond Street, Suite 600 Baltimore,MD 21231 Page 248 of 1037 T C P N C�x6region4V' The Coapprative Purchasing Network 7145 West Tidwell Road — Houston, 'Texas 77092 (713) 462-7708 www.esc4.net Publication Date: February 11, 2016 NOTICE TO OFFEROR SUBMITTAL DEADLINE: Thursday, March 10, 2016 @ 2:00 PM CT Questions regarding this solicitation must be submitted in writing to Jason Mickel at guestionsgesc4,net nor (713) 744-81a9 no later than March 3, 2015 at 5.-00 PW CT. All questions and answers will be posted to both www.esc4,nqt and www.tcl2n.Org under Solickations. Offerors are responsible for viewing either website to review all questions and answers prior to su4mitting proposals. Please note that oral communications concerning this RFP shall not be binding and shall in no way excuse the responsive, Offeror of the obligations set forth in this proposal. Request for Proposal (RFP) by Region 4 Education Service Center ("ESC") for Modular Buildings, Portable Storage, and Relocatable Walkways On behalf of itself, other government agencies and non-profits, made available through The Cooperative Purchasing Network "TCPN." Solicitation Number 16-01 Note: Envelopes must be scaled, prominently marked with the RFP solicitation number, RFP title, RFP opening timeidate and name of vendor, Electronic submissions of the RFP will not be accepted. Submissions must be received by the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77032 no later than, 2.,00 pm GT, at which time the bid open-Ing process shall commence, Proposals will be collected in a conference room to be determined by Region 4 ESC aro d o pe n ed a n d re co rded publicly Any prolgosa I rece Ived later tha n the s pec Med tim ej,wheth,er delivered in person, courier or mall,ed shall be disgualified Page I of 159 Page 249 of 1037 ATTENTION OFFERORS: Submission of a proposal confers NO RIGHT on an Offeror to, an award or to a subsequent contract. Region 4 ESC, in its sole discretion and for any reason: or no reason, reserves the rights to reject any or all proposals, accept only a part of any proposal, accept the proposal deemed most advantageous to Region 4 ESC, and waive any tech nicalities. The issuance of this RFP does not obligate Region: 4 ESC to make an award or negotiate or execute a contract. Region 4 ESC reserves the right to amend the terms and provisions of the RFP, negotiate with a proposer, add, delete, or modify the contract and/or the terms of any proposal submitted, extend the deadline for submission of proposals, ask, for best and final offers, or withdraw the RFP entirely for any reason solely at Region 4 ESC's discretion. An individual proposal may be rejected if it fails to meet any requirement of this RFP., Region 4 ESC may seek clarification from a proposer at any time, and failure to respond within a reaSEonable time frame is cause for rejection of a proposal. Page 2 of 159 Page 250 of 1037 Please be, advised that all information and documents submitted will be subject to the Public Information Act requirements governed by the State of Texas.. Because contracts are awarded by a governmental entity, all responses submitted are subject to release as public information after contracts are executed. If an Offeror believes that its response, or parts of its response, may be exempted from disclosure, the Offeror must specify nage-bre-nage and line-by-line the parts of the response, which it believes, are exempt. In additiontheOfferor must specify which excel2tions) are, applicable and provide detailed reasons to substantiate the excepjton(s). Offeror must provide this information on the "Acknowledgement and Acceptance to Region 4 ESC's Open Record Policy" form found on the next page of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject, to disclosure is the duty of the Office of Attorney General (OAG). Region 4 Education Service Center ("ESC") must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality, by, the, Offeror are: not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror, 'Offerors are advised to con'suit with their legal counsel concerning, disclosure issues resulting from thisprocurement process and to, take precautions to safeguard trade secrets and other proprietary information. After completion of award, these documents will be available for public Inspection. Page 3 of 159 Page 251 of 1037 ACKNOWLEDGMENT AND ACCEPTANCE OF REGION 4 ESC's OPEN RECORDS POLICY Signature below certifies complete acceptance of Region 4 Es Open Records Policy, except as noted below (additional pages may be attacked, if necessary). Check one of the following responses to the Acknowledgment and Acceptance of Region 4 IE SC's Open Records Policy below: We a ckn owled ge Region 4 E SC's Open Re co rds Policy a n d declare th at no i nfo rmatio n submitted with this proposal, or any part of our proposal, is exempt from d!SCIOSLre under the Public Information Act.. (Note: All information believed to be a trade secret or proprietary must be listed below, It is further understood that hiilure to identify such information, in strict accordance with the instructions below, will result in that information being considered public informa lion and released, if requested under the Public Information Act.) We declare the following information to be a. trade secret or proprietary and exempt, from disclosure under the Public Information Act. {Note: Offeror must specify page-by-page and fine-by-fin e the parts of the response, which it believes, are exempt In addition, Offeror must specify which exception(s) are applicable and provide detailed reasons to uubstaritiatu the oxception(s). Date Authorized Signature & Title Page 4 of 159 Page 252 of 1037 A. Inttoducho "I.......... .... ... .,.. ...... ... .. ...... ... . ....... .. ..x ...,..... ..F.... P. Scope... ............... ...... ...... ... .............. ... ....,..,..,. ,,,. .,. ...,w...... . C. Definitions...... ... ...... ... . m .. .... . ...b........ ... .,.........,................. P. 7 D. General Teras and instructions to Evaluation Criteria... ... ... ....... ....— p. 1 E. Appendix A- Vendor Contract Form-.... .... ... ... ... ... ... . ....... p. 1 # SignaturePage— ...... ... ... .e,............ .,..,, ,.. ... ,.. .... ... . ........p. 2 F. Appendix : roduct/ ervic spe i ications.,........ ... ...... ........ p. 26 Special Terms & Conditions Specifications G. Appendix : Pricing... ... ...... ... .... .®....... ...... ... .,. .....,,., .........w. p, 2 H. Appendix D: General Terms & C+ nditions Acceptance Form._.. p. 30 1. Appendix E: Vendor Questionnaire........ ... ... .. .. ... p. 3 J. Appendix F: Company Profile.. *e..._. ... ... .., ...... ...... .....p. 39 0 References Appendix 'Value Add.. .... ...... ......... ... p. 42 L. Appendix H: ,additional Required Documents...... ......... ...... ......p. 43 Clean Air and 'mater Act Debarment Notice Liobbying Certification Vendor/Contractor Requirements 1, Contractor's Employment Eligibility Fingerprint& Background Checks . Business Operations in Sudan, Iran Antitrust Certification Statement Certification of Interested Parti Specific State Requirements 4, K Appendix I State Notice... ._.... —p. 63 Page 5 of 15 Page 253 of 1037 A. INTRODUCTION L Background on Region 4 Education Service Center Region 4 Education Service Center("Region 4 ESC" herein "Lead Public Agency") on behalf of itself and all state, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organizatibns (herein 'Participating Agencfessolicits proposals from qualified Offercirs to enter into a Vendor Contract("contracf)for the goods or services solicited in this proposal. Contractsare approved and awarded by a singte governmental entity, Region 4 ESC® and are only available for use and benefit of all entities complying with state procurement laws and regulations (public and private schools, colleges and universities, cities, counties,non-profits, and all governmental entities). These types of contracts are commonly referred to as being "piggybackable'. Region 4 ESC's purchasing cooperative was established in 1097 as a means to increase their economic and operational efficiency. The purchasing cooperative has since evolved into a National Cooperative used to assist other government and public entities increase their economical and operational efficiency when procuring goods and services. 11. What is the role of The Cooperative Purchasing Network("TCPN") The Cooperative Purchasing Network(7CM) assists Region 4 ESC in helping other public agencies and non-profits reap the benefits of national leveraged pricing, with no cost to the member. TCPN leverages one of the largest pools, of purchasing potential. This is accomplished by competitively soliciting proposals and awarding contracts for commonly purchased products and services. Through 'the TCPN solicitation, process, Region 4 ESC awards contracts covering Facilities, Furniture, Office, Supplies & Equipment, Security Systems, and Technology and other goods and services industries. Ill. Purpose of TCPN Provide governmental and public entities opportunities for greater efficiency and economy in procuring goods and services. Take advantage of state-of-the-art purchasing procedures to ensure the most competitive contracts. Provide competitive price and bulk purchasing for multiple government or pubilic entities that yields economic benefits unobtainable by,the individual entity. Provide quick and efficient delivery of goods and servIces. • Equalize purchasing power for smaller agencies that are unable to command the best, contracts, for themselves. • Help in assisting with use of best business practices. IV. Customer Service • TCPN is dedicated to making our contracts successful for both our members and our awarded vendors. • TCPN is committed to providing our members and awarded vendors with high quality service. • TCPN has dedicated staff available to answer questions, offer guidance and help in any way possible. Page 6 of 159 Page 254 of 1037 B. SCOPE It is the intention of Region 4 ESC to establish a contract with vendor(s)for Modular Guilldings, Portable Storage, and Relocatable Walkways. Awarded vendor(s) shall perform covered services under the terms of this agreement.Offerors shall provide pricing based on a discount from a manufacturer's price list or catalog, or fixed price, or a combination of both with indefinite quantities. Electronic Catalog andlor price lists must accompany the proposal. Include an electronic copy of the catalog from which discount, or fixed price, is calculated- Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or diisr:ounts may be included. If Offeror has existing cooperative contracts in place, Offeror is requested to, submit pricing equal or betterthan those in place. Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Offerors may elect to limit their proposals to a single service Within any category, or multiple services within any or all categories. Region 4 ESC is seeking a service provider that has the depth, breadth and quality of resources necessary to complete, all phases of this contract. In addition, TCPN also requests any value add commodity or service that could be provided under this contract. While this solicitation specifically covers Modular Buildings, Portable Storage, and Relocatable Walkways. , respondents are encouraged to submit an, offering on any and all products or services available that they currently perform in their norma[course of business. C. KEY DEFINITIONS Days: means calendar days. Lead agency: means the government entity advertising, soliciting, evaluating and awarding the contract, This definition also includes a public agency that meets the definition of a political subdivision, including a County, city, school district, state, public higher education or special district. Lavvest Pirliolng Available: means the overall lowest not—to-exceed price available for the specified goods or services at the time the vendor submits their proposal. Procurement: means buying, purchasing, renting, leasing or otherwise acquiring any materials, services or construction. Procurement also includes all functions that pertain to the obtaining of any material, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of'contract administration. Responsive Offeror: means a person, company, firm, corporation, partnership or other organization who submits a proposal which conforms in all material respects to the invitation for bids or request for proposals. Solicitation: means an invitation for bids, a request for technical offers, a request for proposals, a request for quotations or any other invitation or request by which we invite a person to participate in a procurement. Specifications: means any description of physical or functional, oharacteristics, or of the nature of a material, service or construction of item, Specifications may include a description or any requirement for inspecting, testing or preparing a material, service or construction item for delivery. Vendor: means any provider or seller of goods and/or services that has a contractual relationship with Region 4 or TPN. Page 7 of 159 Page 255 of 1037 D. GENERAL TERMS AND INSTRUCTIONS TO OFFERORS 1. Submissions oaf Response., Unless otherwise specified in the solicitation,all submitted proposals must contain two (2) bound and signed original copies of the Wlktaficn, and two (2) electronic coples on flash drives shall be provided. Please see format requirements below. Vendor must,also submit trio (2) electronic proposals free of propriety information to be posted on Vendor information page if awarded a contract. Only sealed responses will be accepted. Foxed or electronically transmitted responses will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise- Proposal may be rejected for fail re to comply with, the requirements set forth in this proposal. Deviations from any terms, conditions and/or specifications must be conspicuously noted in writing by the Offeror and shall be included with the response- (See Appendix D),, H. Pro,12osalformat. Responses must be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of the Dfferor's company and the solicitation name and number on both the outside front cover and vertical spine. All forms are to be completed electronically. Include a copy of the entire RFP document that you are responding to, prior to your tabulated response. This means that all pages prior to the Appendices must be included before Tab 1.Tabs should be used to separate the proposal into sections. The followirrn items identified must be included behind the tabs listed below. Offerors failing to organize in the manner listed may be considered nun-responsive and may not be evaluated, Ill. Binder Tabs: Tab 1 — Entire Vendor Contract and, Signature Form (pgs, 1-15,Appendix A) —General Terms and Conditions Acceptance Form (Appendix D), Tab 2—Questionnaire (Appendix E) Tab 3—Company Profile (Appendix F, excluding References section Tab 4— Produot I Services (Appendix B) 'Tab 5— References (Appendix F) Tab 6— Pricing (Appendix,C) Tab 7—Value Add (Appendix G) Tab 8— Required Documents —Additional Required Documents (Appendix H) —Acknowledgement&Acceptance of Region 4 ESC Open Records Policy,(Page 4). IV. Mailing of ProposaW All bids and proposals submitted in response to,the solicitation must be clearly identified as, listed below with the solicitation number, title, name and address of the company responding. All packages most be clearly identified as listed below, sealed and delivered to the Region 4 ESC office no later than the submittal deadline assigned for this solicitation. Froin Company Addiess City, State, Zip Solicitation Name and Number Due Date and Time V. Time for Receiving Proposals: Proposals received prior to the submittal deadline will be time- stamped upon receipt and kept secure and unopened. At the submittal deadline, Region 4 will begin the, process of opening all bids publicly by collecting all proposals received before the deadline in the room designated for the bid opening. No proposals received after the submittal time and deadline will he considered. Late proposals will be returned to sender unopened. Page 8 of 159 Page 256 of 1037 VL Inquiries and/or Discrepancies: Questions regarding this solicitation must be submitted in writing to Jason Wickel at u ins@ s _nt or(71 3) 74-4-8189 no later than March 3, 2016 at 5W pm CT. All questions and answers will be posted to both www.esc4.n,et and WwWtcj2n.o under Solicitations. Offerors are responsible for viewing either website to review all questiDns and answers prior to submitting proposals. Please note that oral communications concerning this RFP shall not be binding and shall in no way excuse the responsive Offeror of the obligations set forth in this proposal. VIL Restricted and Prohibited Communications with Region 4 ESC,: During the period betvveen the date Region 4 ESC issues this IFP and the selection of the vendor who is awarded a contract by Region 4 ESC,If any,Offerors shall restrict all contact with Region 4 ESC and direct all q uestlons regarding this RFP, ftl uding questions regarding terms and conditions, only to the individual identfied above In Section "Inquiries and/or Oiscrepancies7 in the specified manner. Do not contact members of the Board of Directors, other employees of Region 4 ESC or,any of Region 4 ESC's agents or administrators. Contact with any of these prohibited individuals after issuance of this RFP and before selection Is made, may result in disqualification of the Offeror. The communications prohibition shall terminate when the contract is recommended by the administration, considered by the Board of Directors at a noticed public meeting, and a contract has been, awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall be re-imposed. Additionally, during the time period between the award by the,Board of Directors and the execution of the contract,Offerors shall not engage In any prohibited communications as described in this section. Prohibited communications includes direct contact, discussion, or promotion of any Offeror's response with any member of Region 4 ESCs Board of Directors or employees except for communications with Region 4 ESO's designated representative as set forth in this RFP and only in the course of inquiries, brief ngs, Interviews, or presentations. This prohibition is intended to create a level playing field for all potential Offerors, assure that decisions are made in public, and to, protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications,regarding a particular invitation for bids, requests for proposal, requests for qualifications, or other solicitation are prohibited. • CommuniGations between a potential vendor, service provider, bidder, offeror, lobbyist or consultant and any member of Region 4 ESC's Board of Directors; * Communications between any director and any member of a selection or evaluation committee, and * Communications between any director and administrator or employee, The communicatons prohiloftion shall riot apply to the following: * Communications With Region 4 ESC's purchasing agent Specifically named and authori7ed to conduct and receive such communications under this RFP or,upon the request of Region 4 ESC, with Region 4 ESCs legal counsel', and * Presentations made to the Board of Directors during any duly noticed public meeting. Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4 ESC's Board of Directors during any duly noticed public meeting, in accordance with applicable board policies, on a matter other than this RFP or in connection with a presentation requested by Region 4 ESC's representatives. Page 9 of 159 Page 257 of 1037 VIII. Calendar of Evenj§jsubject to change): Event Date: Issue RFP February 11, 2016 Pre-proposal Conference NIA Deadline for receipt,of questions via email March 3, 2016 Issue Addendum/a (if required,) NIA Propouall Due Date March 10, 2016 Approval from Region,4 ESC April 119, 2U16, Contract Effe0ve Date July 1, 2016 CONDITIONS OF SUBMITTING PROPOSALS IX Amendment of Propasal: A proposal may be amended up to the time of opening by submitting a sealed letter to the location indicated on the front page of this solicitation. X. Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted. Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricing Will remain firm for 120 days from submittal. However, consideration may be given in cases where Offeror advises that it made a clerical error that is substantially lower than it intended, In such case, Offeror must provide written notice of their desire to withdraw, along with supporting docurnents, Within 3 business days of receiving the acceptance letter or of being requested by Region 4 ESC for clarification of the proposal, whichever is later. Any contracts entered into prier to Region 4 ESC receiving notice, must be honored, No Offeror should assume that their withdrowat reguest has been a,ccMted, unless-and unfil, they itLen,acknowtedgment2.nd accep receive wr fence of their ro osal withdrawal. XI. Clarifications- Offeror may receive a written request to clarify, in writing, its proposal in order to determine whether a proposal should be considered for award. The process of clarification is not an opportunity for an Offeror to revise or modify its proposal, and any response by an Offeror to a written request for clay fiC21tion that attempts to revise or modify its proposal shall be given no effect. The purpose of the request for clarification will be solely made for the purpose of eliminating minor irregularities,, irformallties, or apparent clerical mistakes in the proposal, which may be corrected or waived, in the leading agency's sole discretion. ll.. Non-Responsive Proposals. All proposals will be reviewed for responsiveness to the material requirements of the solicitation. A proposal that is not materially responsive shall not be eligible for further consideration for award of the contract, and the Offeror shall receive nobee of the rejection of its proposal. X111. Negotiations r Region 4 ESQ shall determine which responsive proposals are in the competitive range and/or are reasonably susceptible of being selected for award. Proposals not in the competitive range may not be further evaluated. Proposals in the competitive range shall be evaluated on the basis of price and the other evaluation criteria set forth in the solicitation. In the event that, Region 4 ESC decides to conduct negotiations, notice shall be provided to each Offeror whose proposal is being considered for award, wbich notice may identify, in general terms,the elements or factors upon which Region 4 ESC intends to base its negotiations. Offerors will not be assisted, in any way, to bring their proposal up to the level of other proposals through discussions. During the course of negotiations, no Offeror's technical proposal or pricing shall be revealed,to any other Offeror car tc any other person who is not involved with the evaluation process, Region 4 ESC will also not indicate to Offeror a cost or price that it must meet to either obtain further consideration nor will it provide any information about ri other Offerors' proposals or prices,. Page 10 of 159 Page 258 of 1037 IV Best and Final Offer: legion 4 ESC, in its sole discretion, may request all Offerors in the competitive range to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offerar does not respond to the request for a Best and Final Offer, that Offeror"s most recent prior offer will be considered to be its Best and Final Offer. W Specifications: When a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Offeror must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission. In cases where no type and kind of product Is specified, specifications have been developed to indicate minimal standards as to the usage„ materials,, and contents based on the needs of the members. References s to manufacturer's specifications (Design Guides), when used by Region 4 ESC, are to be considered informative to give the Offeror information as to the general style, type and kind requested. Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality. workmanship, economy of operations and suitability for the purpose intended. Offerors should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides. XVI Quali!t of Materials or services: Offeror shall state the brand name and number of the materials being provided. If mane is indicated thea it is understood that the offeror is quoting on the exact brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended. XVIL Samral+r<s: Upon request,samples shall be furnished, free of cost, within seven (7)days after receiving notice of such request. By submitting the proposal Offeror certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Offeror agrees to bear the costs for laboratory testing; if results show that the sample does not comply with solicitation requirements- ubmissions may be rejected for failing to submit samples as requestted.. XVIII. Deviations and Exceptions Deviations or exceptions stipulated in response may result in disquaW tion. it is the intent of Legion 4 ESO to award a manufacturer's complete .line of products, when possible. XIS. Formation of Contract: A response to this solicitation is an offer to contract With Region 4 ESC based upon the terms, conditions, scope of works and specifications contained in this request, A solicitation does nut become a contract,until it is awarded by Region 4 ESQ. A contract is formed when Region 4 E O's board signs the`vendor Contract Signature Form.The prospective vendor must submit a signed Vendor Signature Form with the response thus, eliminating the need for a formal signing process. XX Estimated Quantjt%es: legion 44 ESC anticipates that a substantial number of participating members will eater into contracts resulting from this solicitation based on multiple surveys and usage of other contracts that may have included similar services, however, Legion 4 ESO makes no guarantee or commitment of any kind concerning quantities or usage of contracts resulting from this solicitation. The volume for this contract is estimated to be from$2 million a year to 10 million a year. This information is provided solely as an aid to contract vendors in preparing proposals only_. The successful Vendors i discount and pricing schedule shall apply regardless of the volume of business under the contract. XL Mart#iple Awards,- membership includes a large number of potential entities which may utilize this contract throughout the nation;, In order to assure that any ensuing contracts}wiil allow Region 4 ESC Page 11 of 159 Page 259 of 1037 to fulfill, current and future needs, Region 4 ESC reserves the right to award contract(s) to multiple vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Region 4 FSC. XXIL Non-Exclusive: Any contract resulting from this solicitation shalt, be awarded with the understanding and agreement that it is for to sole convenience and benefit of pa-ticipating members. Region 4 FSO and participating entities reserve the right to obtain like goods and services from other sources. AWARD PROCESS XXI It. Award or Rejection of Proposals: In accordance with applicable, laws, rules, and regulations for pubfic purchasing, award(s)will be made to the prospective vendor whose,response is determined to be the most advantageous to participating agencies, price and other factors considered. Region 4 ESC reserves the right to use a "Market Basket.Survey" method, based on randomly selected criteria to determine the most advantageous response. To qualify for evaluation, a proposal must have been submitted on time, and satisfy all mandatory requirements identified in this solicitation, Proposals that are materially non-responsive will be rejected and the Cifferor will be provided notice of such rejection. XXIV. 17valuation Process: In evaluating the responses the following predetermined criteria is considered: ProductalPricing (40 Points) 1, All proclocts and services available 2. Pricing for all available products and services 3, Pricing for warranties on all products and services 4. Auditable pricing for any leasing or rental options submitted 5. Ability of Customers to verify that they received contract pricing 6. Payment methods 7. Other factors relevantto this section as submitted by the proposer Perfon-nance Capability (30 Points) 1. Ability to deliver products and services nationally 2, Response to emergency orders 3. Average lilt Rate 4. Average on time delivery rate 5. Freight charges 6. Return policy and applicable r fees 7, History of meeting the delivery and installation timellnes B. Ability to meet seMce and warranty needs of members 9. Customer service/problem resolution 10. Invoicing process 11. Contract implementation/Customer transition 12, Financiall condition of vendor 13. Website ease of use, availability, and capabilities related to ordering, returns and reporting 114, Offeror's safety record 15, Instructional materials 16. Other factors relevant to this section as submitted by the proposer Qualification and Experience (20 Points) 1. Cifferor's reputation in the marketplace 2. Reputation of products and services in the marketplace 3, Past relationship wlth Region 4 ESC andlor TCPN members 4. Experience and qualification of key employees Page 12 of 159 Page 260 of 1037 5, 1-ccation and number of sales persons who will work on this cWtract G. Past experience working with the government sector 7. Exhibited understanding of cooperative purchasing 8. Past litigation, bankruptcy, reorganization, state investigations of entity or currentofficers and d'Fectors 9Minimum of 110 customer references relating to the products and services within this RFP 10. Other factors relevant to this section as submitted by the proposer 'value Add (10 Point j 1. Marketing plan and capability 2. Sales force training 3. Other factors relevant to this section as submitted by the proposer XXV. Compgtitive-Range; It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses notin the competitive range are unacceptable and do not receive further award consideration. XXVL Evaluation. A committee YAII review and evaluate all responses and make a recommendation fbr award of contract(s). The recommendation for contract awards will be based on the predetermined criteria factors outlined in this solicitation, where each factor is assigned a point value based on its importance. XXVII. Past Performance: An OfferoVs performance and actions under previously awarded contracts are relevant in determining whether or not the Offeror is likely to provide quality goods and services to TCPN members; including the administrative aspects of performance-, the Offeror"s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror's businesslike concern for the interests of the customer. OPEN RECORDS POLICY XXVIII. rpopri eta ry,,-Information, Because contracts are awarded by a governmental entity', all responses submitted are subject to release as public information after contracts are executed. If an Offeror believes that its response, or parts of its response, may be exempted from disclosure,the Offeror must specify oae-bv-page and line-_byjine the parts of the response, which it believes, are exempt- In addition, the Offeror must sgecify which gxcel2ticn(s) are agglicable and provIde detailed reasons to substantiate ,the excerptqnfOfferor must provide this information on the "Acknowledge and Acceptance to Region 4 ESC's Open Record Policy" form found at the beginning of this solicitation, Any information that is unmarked will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG, Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult With their legal...counsel con, rain disclosure issues result`iffl.from this procurement process and to take Precautions to safeguard trade secrets and other QrogdetaEy information. After completion of award, these documents will be available for public; inspection. Page 13 of 159 Page 261 of 1037 PROTEST OF NON-AWARD XXIX. Protest Procedure.,Any protest of an award or proposed award must be filed in wrfting within ten (110) business days from the date of the official award notification and must be received by 5:00 pm T. No protest shall lie for a claim that the selected Vendor is not a responsible Offeror. Protests shall be filed with Robert Zingelmann and sent to the Region 4 FSC office at 7145 West Tidwell Road, Houston,TX 77092, Protests shall include the fullowing: 1.. Name, address and telephone number of protester 2. Original signature of pratest er or its,representative 3. Identification of the solicitation by RFP number 4. Detailed katement of legal and factual grounds including copies of relevant documents; and the form of relief requested. 5. Any protest review and action shall be considered final vAth no further formalities being considered. LIMITATION OF LIABILITY XXX- Walvec BY SUBMITTING A PROPOSAL, OFFER EXPRESSLY AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH THE COOPERATIVE PURCHASING NETWORK AND REGION' 4 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, ITS TRUSTEES, OR AGENTS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF A CONTRACT, IF ANY, XXXI. NEITHER REGION 4 ESC NOR TCPN SHALL BE RESPONS113LF OR LIABLE FOR ANY COSTS INCURRED BY PROPOSERS, OR THE SELECTED VENDOR IN CONNECTION WITH RESPONDING TO, THE RFP, PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR NEGOTIATING THE TERMS OF A CONTRACT, OR ANY OTHER EXPENSES INCURRED BY A PROPOSER. THE PROPOSER OR SELECT ED VENDOR IS WHOLLY RESPONSIBLE, FOR ANY SUCH COSTS AND EXPENSES AND SHALL.NOT BE,REIMBURSED IN ANY MANNER BY REGION 4 ESC OR TCPN, Page 14 of 159 Page 262 of 1037 APPENDIXA VENDOR CONTRACT AND SIGNATURE FORM This Vendor Contract and Signature Form("Contract") is made as of by and between Williams Scotsman, Inc.- ------f Vendor' and Region 4 Education Service Center( Region 4 ESU) for the purchase of (SgjI,qijgtion ,j§_Qj) Modular Buildings, Portable Storage & Relocatable Waikways_ ("the products and services'). RECITALS WHEREAS, both parties, agree and understand that the following pages will constitute the contract between the successful vandor(s) and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Vendor agrees to include, in writing, any required exceptions, or deviations frorn these, terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations will be incorporated into the final contract"Vendor Contract." WHEREAS, this, contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control, WHEREAS, the Vendor Contract will provide that any state, county, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agencies or non-profit organization may purchase products and services at prices indicated in the Vendor Contract upon registering and becoming a member with TCPN: and it being further understood that Region 4 ESC shall act as the Lead Public Agency with respect to all such purchase agreements. WHEREAS, TCPN has the administrative and legal capacity to administer purchases on behalf of Region 4 ESC under the Vendor Contract with participating public agencies and entities, as permitted by applicable law. ARTICLE 1- GENERAL TERMS AND, CONDITIONS 1.1 TCPN shall be afforded' all ref' the rights, privileges and indemnifications afforded to Region 4 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply with equal effect to TCPN, including, without limitation, Vendors obligation to provide insurance and other,indemnifications to Lead Public, genc . 1,2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this agreement, and required under the Vendor Contract, 1.3 TCPN shall perform its duties, responsibilities and obligations as administrator of purchases, set forth in this agreement, and required under the Vendor Contract. Page 16 of 159 Page 263 of 1037 1.4 Purchasing procedure: Purchase orders are issued by participating governmental agencies to the awarded vendor indcating on the PO "Per TCPN Contract • Vendor delivers goodslservices directly to the participating agency. • Awarded vendor invoices the participating agency directly, • Awarded vendor receives payment directly from the participating agency. • Awarded vendor reports,sales monthly,to TCPN. 1.5 Customer Sty ort; The vendor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff. TGPN staff and participating agencies. The vendor shall respond to such requests within one 1 working day after receipt of the request. ARTICLE 2-ANTICIPATED TERM OF AGREEMENT 2.1 Unless otherwise Mated, all contracts are fora pedod of three 3j years with an option to renew annually for an additional two 2 years if agreed to by Region 4 ESC.. region 4 ESC will notify the vendor in writing if the contract is extended. Awarded vendor shall honor all administrative fees for any sales made based on the contact whether renewed or not, 2.2 Region 4 ESC shall review the contract prier to the renewal date and notify the current awarded vendor, no less than ninety (9D) days of region 4 EEC's intent renew the contract. Upon receipt of notice, awarded vendor roust notify Region 4 ESC if it elects not to renewer. Awarded, vendor shall honor the administrative fee for any sales incurred throughout the life of the contract on any sales made based on a Region 4 ESC contract,whether awarded a renewal or not. Region 4 ESC reserves the night to exercise each two-year extension annually. ARTICLE 3- REPRESENTATIONS AND COVENANT 11. :This contract is used on the need to provide the economic benefits of volume purchasing and redo tion in administrative costs through cooperative purchasing to schools and other, members. Although contractors may restrict sales to certain public units (for example, state agencies or local goverment units), any contract that prohibits sales from Dein made to public school districts rma not be considered. Sales without restriction to ,any Members are preferred. These types of contracts are commonly referred to as being 'piggybackable". .2. Complianep, Cooperative Purchasing Agreements between TGPN and its Members have been established ander state procurement lay. 3m3. Offeroe's promise: Offercir agrees all prices, terms, wua reties, and, benefits granted by Offeror to Members through this contract are comparable to or better than the equivalent terms offered by Offeror to any present customer meeting the same qualifications or requirements. ARTICLE 4- FORMATION OF CONTRACT 4.1. Offeror Contract Documents Region 4 ESC will review proposed offeror contract documents. Vendors contract document shalt not become part of Region 4 ESCs contract with vendor sunless and until an authorized representative of Region 4 ESC reviews and approves it. 4.2. Form o ContractThe fora of contract for this solicitation shall be the Request for Proposal; the awarded proposal(s) and best and final offegs), and property issued and reviewed, purchase orders referencing the requirements of the bequest for Proposals_ If a firm submitting an offer requires Region Page 16 of 169 Page 264 of 1037 4 ESC and/or Member to sign an additional agreement, a. copy of the proposed agreement must be included with the proposal. 4.3. Entire Agreement [Parol-ev1dencpJ: The contract, as, specified above, represents the final written expression of agreement. All agreements, are contained herein and no other agreements or representations that materially alter it are acceptable. 4.4. Assignment of,Contra t: No assignment of contract may be made without the prior written approval of Region 4 ESC. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 4 ESC, Awarded vendor is required to, notify Region 4 ESC when any material change, in operations is made that, may adversely affect members (i.e. bankruptcy, change of ownership, merger, etc.). 4.5. Novatiew. If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest, must guarantee to perform all obligations under this contract. Region 4 ESC reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor. 4.6. Contract Alterationw. No alterations to the terms of this contract shall be valid or binding unless authorized and signed by a Region 4 ESC staff member. 4.7. Order of Precedence. In the event of a conflict in the provisions of the contract as accepted by Region 4 ESC, the following order of precedence shall prevail: Special terms and conditions General terms and conditions Specifications and scope of work • Attachments and exhibits Documents referenced or included in the solicitation 4.8 SgpRlernental Agreements: The entity participating in the Region 4 ESC contract and awarded vendor may enter into a separate, supplemental agreement to further define the level of service requirements over and above the minimurn defined in this contract. i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 4 ESC, TCPN, its agents, members and employees shall be made party to any claim for breach of such agreement. 4.12 Adding authorized distributors/deaters:Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those Identified at the time of submitting their proposal, to sell under their contract award without,notification and prior written approval from TCPN.Awarded vendors must notify TCPN each time it wishes to add, an authorized distributor or dealer. Purchase orders and payment can only be made to awarded vendor unless other se approved by TCPN. Pricing provided to members by added distributors, or dealers must also be less than or equal to the pricing offered by the awarded contract holder, unless otherwiseapproved by TCPN. Page 17 of 159 Page 265 of 1037 ARTICLE LE -TERMINATION OF CONTRACT ,_. .1 Cancellation for_idon-I rfornrance or Contractor Deficiency: Region 4 ESC may terminate any contract if Members have not used the contract, or if purchase volume is determined to be low volume in any 12-month period,. Region 4 ESC reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, terra or condition of the contract. Region 4 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following, L Providing material that does not meet the specificcations of the contract; il. providing work and/or material that was not awarded under the contract-, iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; V. Failing to make progress in performance of the contract ;and/or giving Region 4 ESC reason to believe that contractor will not or cannot perform the requirements of the contract; and/or vi. Performing work or providing services under the contract prior to receiving an authorized purchase order from Region 4 ESC or participating member prior to such work /Upon receipt of a written deficiency notice, contractor shall have ten 10 days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concem may result in contract cancellation. Upon cancellation underthis paragraph, all goods, materials, work, documents,data and reports prepared by contractor under the contract shall become the property of the Member on demand. .2 Termination for Cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract Region 4 ESC reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such, event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by vendor forthis solicitation may become the property of the participating agency or entity. If such event noes occur then vendor will be entitled to receive just and equitable compensation for the satisfactory Work completed on such documents. .3 Delivery/Service Failures: Failure to deliver goods or services wVrithin the time specified, or within a. reasonable time period as interpreted by the purchasing agent or, failure to make replacements or corrections of rejected articl+esfservices when so requested shall constitute grounds for the contract to e terminated, In the event that the participating agency or entity rust purchase in an open market, contractor agrees to reimburse the participating agency or entity, within a reasonable time period, for all expenses incurred. 6,4 Farce Maieure: If by reason of Force i+rtaieure, either party hereto shall be rendered unable wholly or in part to carrot out its ob igations under this Agreement then such party shall give notice and full particulars of f=orce Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such nonce, so far as it is affected by such Force MiaJ ure, shall be suspended,during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability uwith all reasonable dispatch. The terra Force Majeure as employed herein, shall mean acts of God„ strikes, lockouts, or other industrial disturbances, act,of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections; dots, epidemics, landslides; lighting; earthquake; tires, hurricanes, storms, floods,washouts; droughts, arrests; restraint of government and people-civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes trot reasonably within the control€f the party claiming such inability. It is understood and agreed f that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the « difficulty, and that the above requirement that any Force Majeure shall be reemedied writh all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party halving the difficulty. Plage 18 of 159 Page 266 of 1037 . tandarc� an llatiarh: Either party, may cancel this contract in whole or in part: by providing written notice The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all irk W11 cease following completion of final purchase order.Vendor may be requested to provide additional items not already on contract at any time.. ARTICLE -LICENSES. 6.1 Duty to beep current license: Vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful' provision of services under the contract. Region 4 ESC reserves the right to stop work and or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated. 6.2 Survival Clause, All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract. ARTICLE 7-DELIVERY PROVISIONS 7.1 Deliv°e b Vendor shall deliver said materials purchased on this contract to the Member issuing a Purchase Order. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period the vendor must receive authorization from the purchasing agency for the delayed delivery. At this paint the participating entity may cancel the order if estimated shipping time is not acceptable. 7.2 Inspsatio _&AA0j2tan : if defective or incorrect material is delivered, purchasing agency may make the determination to, return the material to the vendor t no cost to the purchasing agency. The vendor agrees to pay all shipping oasts for the return shipment Vendor shall he responsible for arranging the return of the defective or incorrect material. ARTICLE 8- ILUN AICD REPORTIN 81 Payments: The entity using the contract will make payments directly to the awarded vendor. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 8.2 Invroica The awarded vendor shall submit invoices to the participating entity clearly statim "Per T+CP1Y Contr .c . The shipment tracking number or pertinent information for verification shall be made available upon request. 8.3 Tai Exempt status: Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the verrdscr_ Page 19 of 159 Page 267 of 1037 8.4 Reporting The awarded, vendor shall electronically provide TCPN with a detailed monthly report showing the dollar volume of all sales under the contract for the previous month. Reports shall be sent via e-mail to TCPN IaI c f sat rep+artirsg ?tcpn.o M. Deports are due on the fifteenth (15'h) day after the ctrase of the previous month. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating Members and: submit one 1) report. The report shall include at least the following information listed below: • Vendor Game • TCPN Contract Number • Reporting Period "ear • Entity Name • Entity Address ( Including Street, City, State&Zips) • Entity Purchase Order Number(Individual Purchase Order Numbers) • Purchase Order Date • Gross Sale.mount • Administrative Fee eased on Gross Sale Amount) If there are no sales to report, Vendor is still required to communicate that information via email PARTICLE - PRICING 8.1 BesLpL1,Geguarantee: The awarded vendor agrees to provide pr�cirsg to Region ESC and its rticipating entities that are the lowest pricing evailable and the pricing shall rennain so throughout the duration of the contract. Pricing offered to Federal government buying consortiums for goods and services is exempt from this requirement, The awarded vendor, however, agrees to lower the cost of any product purchased through TCPN following a reductions in the manufacturer or publisher's direct cost. 92 Price increase.- Should it become necessary or proper during the terra of,this contract to make any change its design or any alterations that gill increase expense Region 4 ESC rust be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior.approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter. Awarded vendor must horior previous prices for thirty (30) days after approval and written notification from legion 4 ESC if requested. It is the awarded vendor's responsibility to Deep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to legion 4 ESC, using the same format as was accepted in the original contract, 9.3 Additional Gh r es:All deliveries shall be freight prepaid, F.O.B. desttination and shall I included in all pricing offered' unless otherwise clearly stated in writing. 9.4 Price reduction and adios- ept: price reduction may be offered at any time during contract and shall become effective upon notice of acceptance from Region 4 ESC. Special, tune-limited reductions are perm issibie under the following ccnditions: 1)reduction is available to all Members equally; 2)reduction is for a specific time period, norrnalty not less than thirty (30) days; 3) original price is not exceeded after the time-limit, and 4) legion 4 ESC has approved the new prices prior to any offer of the prices to a Member.Tendon shall offer Region 4 EEC any published price reduction during the contract period. 9,5 Prevailing facer It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser(Region 4 ESC or its Members). It shall further be the responsibility of the to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust gage rates accordingly. Page 20 of 15 Page 268 of 1037 9..6 Administrative Fees: All roricigg submitted to Region 4 ESC shall include the administrative fee,to tie remitted tra T PIW b the awruarded vendor.. The awarded vendor agrees to pay administrative fees to TCPN of bNo and one half percent(2.6%). (Sales will be calculated for fiscal year of January 1 through Deoember 313t and reset each year) ARTICLE 10-PRICING AUDIT 10-1 Audit rights: Vendor shall, at Vendor's sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Agreement. TGPN and Region 4 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective slate of termination,. In tate State of New Jersey, this audit right shall survive termination of this Agreement for a period of five(6) years from the date of final payment. Such records mall be made available to the New Jersey Office of the State Comptroller upon request. Region 4 ESC shall have the authority to conduct random audits of Vendor's pricing that is offered to eligible entities at Region 4 ESC"s sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, legion 4 ESC shall have the ability to conduct an e)densive .audit of Vendor's pricing at Vendor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit,, the requested materials shall be provided in the format and at the location designated by Legion 4 ESC or T CIPM ARTICLE 11- OFFEROR PRODUCT I- NE REQUIREMENTS 11.1 Current products, Propcsarls shall be for materials and equipment in current production and marketed to the general pp blit and aducabon/government agencies at the time the proposal is submitted. 11.2 Discontinued pLodr cW. If a product or model is discontinued by the manufacturer, vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 11.3 hleyv npr+oducts/Serwrices: New products and/or services thatmeet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for pother products Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products andfor services riga be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating ars interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause, 11.4 Boris; Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2)the option is an enhancement to the unit that improves performance or reliability, 11.5 Product line: Offerors with a published catalog may submit the entire catalog. Region 4 ESC reserves the right to select products within the catalog for award without having to award all contents. region 4 ESC may reject any addition of equipment options without cause, 11#6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. i Page 21 of 159 Page 269 of 1037 11,7' guy_Amq!1On reguirernent: (for New Jersey and all other appica.ble States)Vendors may only use unrnanufactured construction material mined or produced in the united States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material, mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement. ARTICLE 12-SITE REQUIREMENTS 12„1 Cleanup:Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by Member. Upon completion of the work., the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. 12.2 Prersaratinin. Vendor shall not begin a project for which Member has not prepared the site, unless vendor does the preparation work at no cast,or until Member includes the cost of site preparation In a purchase order. Site preparation includes, but is not limited to. moving furniture, installing wiring for networks or power, and similar preTinstallabon requirements. 12.3 ftettist+ere�d se ffetiatTer restrrctti�rrrs: For work to be performed at schools, vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Member's discretion. Vendor must identify any additional casts associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 12.E Safety asures: 'Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection, of workers and the public.. Vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 12.5 Smoking: Persons working under the contract shall adhere to local smoking policies.: Smoking will only be permitted in posted areas or off premises:. 12.5 'Stared materials: Upon prier,written agreement between the vendor and Member, payment may be made for materials not inoorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later nate. An inventory of the stored materials must be provided to Member prior to payment_ Such materials must be stored and, protected in a secure location, and be insured for their full value by the vendor against loss and damage. Vendor agrees to provide proof of coverage andlor addition of Member as an additional insured upon Member's request. Additionally, if stored offsile, the materials must: also be clearly identified as property of buying Member and be separated from other materials. Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the Member, it shall be the Vendor's responsibility to protect all materials and equipment. The Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptant. k. Page 22 of 159 Page 270 of 1037 ARTtOL 13- MISCELLANEOUS LLAI EOU 13..1 Funding Out Clause, Anylall contracts exceeding one 1) year shall include a standard "funding out°` clause. Ati contract for the acquisition„ including lease, of real or personal property is a commitment of the entity's current revenue only, provided the contract contains either or both of the following provlsior s "Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the terra of the,contract and is conditioned on a beat efforts attempt by the entity to obtain appropriate funds for payment of the contract." 13.2 Disclosures: Offeror affirms that hetshe has not;givers, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip,favor or service to a public servant in connection with this contract. lrr+clude a complete description of any and all relationships that alight be considered a conflict of Interest in doing business with, participants in TCPN. The Offeror affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any,favoritism that would in anyway limit competition orcgive an unfair advantage over other vendors in the award of this contract. 133 Indemnity The awarded vendor shall protect, indemnify, and hold harmless hath Region 4 ESCand TCPN and its participants, administrators, employees and agents against all claims, damages, Lasses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract, including any supplemental agreements with members. Any litigation involving either Legion 4 F=SC or TCPN, its administrators and employees and agents will be in Harris County, Texas. Any litigation involving TCPN members shall be in the jurisdiction of the participating agency_ 13.E Franchise Tax, The Offeror hereby certifies that he/stye is not currently delinquent in the payment of any franchise taxes. 13.5 Marketing: Awarded vendor agrees to allow Region 4 ESCITCPN to use their name and logo within website, marketing materials and advertisement. Any use of TCPN name and logo or any form of publicity, inclusive of press releases, regarding this contract by awarded vendor must. have prior approval from TCPN. 13.6 Certificates of Insurance: Certificates of insurance shall be delivered to the Region 4 ESC participant prior to commencement of work. The insurance company shall be licensed in the applicable state in which work: is being conducted. The awarded vendor shall give the participating entity a minimum of ten (113) days notice prior to any ,modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any word to ,maintain coverage as specified. 13.7 L=egal Obligations: It is the Offeror's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of prod uctsPservic s identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation ,,rust be followed even if not specifically identified herein. y., 13.8 Open Records Police Because Region 4 ESC contracts are awarded by a governmental entity, responses submitted are subject to release as public information mer contracts are executed. If a vendor believes that its response, or parts of its response, ,may be exempted from disclosure, _the vendor ,musts at a-b a e and l ie-1 -lire: the arts of the response, ,Mich it bo�lierres ark Page 23 of 159 Page 271 of 1037 exempt. In addiflon, the OffeLor,must,splc[Af which,eKqogtIonLsI I-are agplicab e and providg-AgLailed reasons to substantiate the, exception(g). Offeror must provide this information on the "Acknowledgement and Acceptance to Region 4 ESC's Open Record Policy" form found at the beginning of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public I nform atio n Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General(OAG), Region 4 ESC most:provide the OAG, sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG-, Region, 4 PSC assumes no responsibility for asserting legal arguments on behalf of any vendor. Offeror are advised to consult with their legal counselconce,migg,disclosure issues resulting from this proigurement processi .and to take precautions to s@fqguard trade skorets and other pro neta i o , ion, L M nf rm at After completion of award, these documents will be available for public inspection. (Remainder of Page I ntentionaliy Left Blank-Signatures follow on Signature Form] Page 24 of 159 Page 272 of 1037 VENDOR CONTRACT SIGNATURE FORM The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and' conditlons at the prices proposed within response unless noted. in writing. The undersigned further certifies that he/she 15 an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Respondent and that the contQnts of this proposal as to prices, terms or conditions of said proposal have not been communicated bythe undersigned nor byany employee or agent to any person engaged in this type, of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Company narne WILLIAMS SCOTSMAN, INC. Address 901 S. Bond Street, Suite 600 City/State/Zip, Baltimore, VIE)21231-3357 Telephone No. 1-800-782-1500 Fax No. E-mall address Timothy, Boswell@as-willsoot,corn Pdnted name Tim D.Boswetl Position wifth company Vice Presin iEance Authorized signature Accepted by The Cooperative Purchasing Network: Term of contract to Unless otherwise stated,all contracts are for a period of three(3)years with an option to renew annually for an additional two(2)year's if agreed to by Region 4 ESC and the awarded vendor,Awarded vendor shall honor all administrative feas,for any sales made based on a contract whether renewed or not. Region 4 ESC Authorized Board Member Date Print Name. Region 4 ESC Authori zE!d Board Member Date Print Name CONTJNGEN�T UPON TCPN ACCEPTANCE OF WiLVIANIS SCOTSMAN,INC!S CLARIFICATIONS, TCPN Contract Number AS ATTACHED TO APPENDIX,'D',GENERAL TERMS&COND17IONS ACCEPTANCE FORM. Page 25 of 159 Page 273 of 1037 WILLIAMS SOCTSMAN, INC. 901 South Ron d Street,Suite 600 1SCOTSMAN Baltimore,Maryland 21231 41,,0-931-6500 Ai-�-ALGECO SCOTSMAN Canipany FAX 410-X33-5 MO SES RE"FARY'S CERTIFICATE 1, Samantha Bishop, hereby certify that I am Corporate Secretary of Williams Scotsman, Lic. ("Williams Scotsman"), a Maryland corporation, and that Douglas Robinson is the forth.American rReal Estate Manager for Williams, Scotsman, and is located in Dallas-Ft. Worth., Texas. In this capacity, Mr. Robinson has the corporate authority to execute bid documents for the Region 4 Education Service Center (ESC) and The Cooperative Purchasing Net-work (TCPN) — RFP for Modular Buildings, Portable Storage and Relocatable Walkways (Solicitation Number 16-01) on behalf of Williams Scotsman. IN WUNIESS WHEREOF, I have hereunto subscribed mynan'le and affixed the Seat of the corporation, this 7th day of March, 2016. Samantha Bishop Corporate Secretary Williams Scotsman, Itr.. (SEAL) 901 South Bond!Street,Suite 600 Baltimore,IJD 21231 -USA o P.-O Al 0.931.6101 f+IAIU31,6117- wylspm m-vmd -Gom Page 274 of 1037 VENDOR CONTRACT SIGNATURE FORM The undersigned hereby proposes and agrees to furnish goods and/or seriiccs in strict ccirripliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business, prior to the official opening of this proposal. Prices are guaranteed: 120-days Company name WILLIAMS SCOTSMAN, INC. Address 901 S. Bond Street, Suite 600 City/State/Zip Baltimore, MID 21231-3357 Telephone No. 1-800-782-1500 Fax No. Email address Th-nothy. Boswell@as.wiliscot.com Printed name Timothy D. Boswell Position with company Vice Presiders-L2_Qmance Authorized signature Accepted by The Cooperative Purchasing Network: :r hi Termf contract Ao t Tars 4' to— LLAje. Unless other-wise I ted,0i ontracts are for a period of three(3)years with an option to renew,annually for an addific, two(' 'r ars if agreed to by Region 4 ESC and the awarded vendor.Awarded vendor shall hono it adm ' rative fees for any sales made based on a contract whether renewed or not. �7 1'tV7Z J Region 4 C,kith rite Toard Member 4. 2 114. Z Z . Print Name LV)K r Region 4 1=8t Authorized Board Member Date A Print Name CONTINGENT UPON TCPN ACCEPTANCE OF' WILLIAMS SCOTSMAN, INC.S CLARIFICATIONS TCPN Contract Number AS ATTACHED TO APPENDIX"D",GENERAL TERMS&CONDITIONS ACCEPTANCE FORM. Page 25 of 159 Page 275 of 1037 a Pu co JL k-APN ;xr loaf P P r Proposal al Dear Valued TCPN Member/User: Thank you for your consideration in accessing and potentially using a Region 4-awarded contract. As you are aware we take each and every awarded vendor through a very transparent and competitive process. Nonetheless, we continue to look, for methods to better serve our customers. Most, recently, we have implemented a neve proposal registration program to provide consistency and faster service for our members. The process will require Facility Contract folders to register and receive a Certified TCPN Proposal Number that must be prominently displayed on each proposals that you receive. This new system will track Facility transactions from the initial proposal stage to the completion of each project.. TCPN has assembled ars experienced Facilities Management Team that stands ready and willing to assist its vendors in providing quality services to your organization. We support and encourage you to call our TCPN Team to verify the Certified TCPN Proposal Number and ask farther questions_ Failure to receive the Certified TCPNI Proposal Number Gan result in potential delays to your services. Please see our website at www.tcpn.org to contact our Learn members in serving your reeds. Thank you for your potential business and remember to only accept proposals with a Certified" TCPN Proposal Number. Sincerely, The TCIPN Facilities Management Team Page 31 of 159 Page 276 of 1037 `1 4;14 T C PN The Cooperative Purchasing Netwovk TCPN Certified Pro oil Number Process Fill out the form on the Facilities page at www.TCPN.org (Direct link is httpl/ tcl2n.oLq/Pages/FaciFities.aspx OCIlck on TCPN Logo, in center of page and a for willp up. * Fill out and submit. * All proposal numbers requests must be submitted and a proposal number received before you present it to your potential customer. * You will have a response with a Certified TCPN Proposal Number within 24 hours. * If you have an emergency and need a proposal number sooner, call any member of the Facility Management team and we will help you. * Include the proposal number and TCPN Official Contract Holder sea] of approval on all proposals. Feel free to use the attached form for your convenience. PWe 32 of 169 Page 277 of 1037 FACILITY SOLUTIONS SPECIAL TERMS & CONDITIONS VENDOR ACCEPTANCE FORM This document acknDwIedges that you have received and agree to the details, directions and expectations of the Certified TCPN Proposal Number process. Date: March 8, 2016 RFP Number: Solicitation Number 16-01 Company Name- Williams Scotsman, Inc. Printed Name- Douglas 0. Robinson Signature: 49, Page 3,3 of 159 Page 278 of 1037 PN CtrUregion4-" 1,-1- I'lie Camrntive f urcltsii9 Network Vendor Orientation Respondent companies must commit to attending a vendor orientation meeting at Region 4 or T P1N's offices should they be awarded a contract with Legion 4 ESC through this RFP. Vendor orientation meetings are meant to establish a good relationship with awarded vendors and help to ensure compliance and effective administration tration over the life of the contract, Respondents should indicate below what date they would life to have their vendor orientation and who the participants will be_ TCPN highly recommends that the individual who will handle contract management, reporting and accounting, and marketing all come to the vendor orientation. Vendor orientations for this ITP will be held between May 1 and June 30, 2016. If awarded, please provide information on who should be contacted for scheduling; Williams Scotsman, Inc. 'vendor dike Aldrich Mark I rejear Point of Contact N.A. Chir, Inside Sales Area Manager Title (4101-9030 x41431 ( y4 -3577 x46418 Phone Number mcaldrc@w�liscot.com mjprejea@ lgl og_corn Email Address � Signature: r g � a date: _ larch 8, 201 'age 34,of 159 Page 279 of 1037 Appendix a QUESTIONNAIRE Blease provide responses to the follaAring questions that address your company's operations, organization, structure and processes for providing products and services,. 1. States Covered Offeror must indicate any and all states where products and services can be offered. Please indicate the price ccs-efficient for each statute if it varies. 60 States & Distri+ct of Columbian ( ele ling this lavx is equal to checking all byes below) Alabama Mk4ontana ]Alaska ZINebraska. Ari ona l evada FRIArkansas M'New Hampshire California E]New Jersey Colorado rKNew Mexico onneotticut [ZNew York I elaware NNorth Carolina District of Columbia North Dakota Florida Ohio ElGeorgia 00klahomia Hawaii E@Oregon idaho, EjPennsylvania Illinois Rhode Island Indiana South Carolina iowa MSoutlh Dakota Kansas MTennessee Kentucky Texas IAouisiana Uta Maine Ve or t Maryland WVirginia massachusetts 21,Washington MichiganXV/est Virginia ftllnnesota +iscon.sin [9mississippi Wyoming Missouri Territories&Outlying Areas (Selecting this box is equal to checking all boxes below) American Samoa r7Northem Marina Islands Federated States of Micronesia F]Puerto Rico [:]Guam FU.S. 'virgin Islands Midway Islands 2. Diversity Programs Do you currently have a diversity program or any diversity, partners that you do businesswith? If the answer is yes, do you plan to offer your program or partnership through through TCPN Oyes ONO Page 35 of 169 Page 280 of 1037 (If the answer is yes, attach a statement detailing the structure of your programme, along with g list of your diversity alliances and a copy of their oarti tions) Will the products accessible through your diversity program, or partnership be offered to T PN members at the same pricing offered by your company' Yes EINo (Itanswerisno, aftach a statement detailing how pricing for participants wouldbe calculated) I Minority and Women Business Enterprise ( ) and CHUB) Participation It is the policy of some entities participating in TCPN to involve minority and women business enterprises(MMBE),E), small andtcrdisadvantaged business enterprises,disable veterans business enterprises, historically utilized businesses (HUB) and other diversity recognized businesses in the purchase of goods and services. Respondents shall indicate below whether or not they hold certification in any of the classified areas and i iirde proof of such ceraification with their response. ar Minority Women Business Enterprise Respondent certifies that this firm, is an MWBE [ Yes EjNo List certifying agency: b mall Business Enterprise{SBE) or,Disadvantaged Business Enterprise (DBE Respondent certifies that this firm, is a SBE or DBE Yes EjNo List certifying agency. c. Disabled 'Veterans Business Enterprise (DVBE) Despondent cedifies that this firm, is a DVB 'Yes leo List certifying agency: d. Historically Undert,tili, ed Businesses (HUB) Despondent certifies that this firm is a HUB 0Yes F' o List certifying agency: e. Historically Underudlized Business Zone Enterprise(HUBZ ne) Respondent mortifies that this firm is a l- U one []Yes N€ List certifying agency: f. Other Respondent certifies that this firma is a recognized diversity E3es No certificate holder List certifying agency: i` 4. Residency Responding Company's principal plate of business is in the city of Baltimore State of MD. Page 36 of 159 Page 281 of 1037 7. Distrition Channel. Which best describes your company's position in the distribution channel: bu 0 Manufacturer direct Certified educationigovernment reseller [71 Aulhorized distributor E] Manufacturer marketing through reseller EJ Value-added reseller Other Lessor & Seller of Modular Buildings, Classrooms, & Portable Storage. 8, Pricing Information In addition to the current typical unit pricing furnished herein, the' endor agrees to offer all future product introductons,at prices that are proportionate to Contract Pricing. MYep EINo (if a oswer is no, ,alta `t a statement detailing�aw pricing tor participants would be calculated.) 0 Pricing submitted includes the required administrative,fee. EYes DNo (Fee cakulated based on invoice price to customer) * Additional discounts for purchase of a guaranteed quantity? ®'des No 9, Cooperatives List any other cooperative or state contracts currently held or in the process of securing CooperativelState Agency Discount Expires Annual Sales Offered Volume GSA KCDA Proprietary [Remainder of Page Intentionally Left Blank] Page 38 of 159 Page 282 of 1037 3/10/2016 Building Specifications � g {lT1 SCOTSMAN Building Vr rr A"ALGECO SCOTSMAN G—p—r Tho Cooperative Purchasing Network Customer: The Cooperative Purchasing Network ESC 4 ❖ Building: (1)68x24 Dry Classroom(64x24 nominal box sixe) ❖ Units/Building: 2 ❖ Square Feet/Building: 1536 SF Desi,-n Criteria ❖ Code: IBC 2015 ❖ Code: IECC 2015 ❖ Construction Type: V-B ❖ Occupancy Use: Education and Business ❖ Floor Live Load: 50 PSF (20001b concentrated- 100 PSF at corridor) ❖ Wind Load(V3s): 130 MPH Exposure-B ❖ Roof Live Load: 20 PSF ❖ State Eng. Seal: TX ❖ State Decal: TX-Texas Department of Licensing and Regulation ❖ Accessibility: NFPA 101 ❖ Accessibility: ADA(ADAAG) ❖ Accessibility: TAS Frame ❖ Type: Outrigger-Outriggers and Crossine;nbers at 48" O.C. Main beams to be 99.5" O.C. ❖ Main Beam: 12" Jr.I-beam ❖ Axles: New ❖ Axles: Triple 60004 rated with(2)brake(1)tag ❖ Hitch: Detachable underslung ❖ Tires: New ❖ Tires: 8.0 X 14.5 - 10 Ply Floor ❖ Joists: 2X8 42 SYP,equal or better ❖ Framing Type: Transverse ❖ Joist Spacing: 16" O.C. ❖ Perimeter Rail: Double ❖ Decking 3/4"T&G, U.L.Plywood-single layer. ❖ Insulation: As required by 2015 IECC Energy Check ❖ Bottom Board:: .040 Simplex bottom board or equal-Fiber reinforced Approved by (signature) Page 1 Page 283 of 1037 3/10/2016 Building Specifications � g {lT1 SCOTSMAN Building Wr rr A"ALGECO SCOTSMAN G—p—r Tho Cooperative Purchasing Network ❖ Covering: 1536 SF- 1/8" Coninercial Vinyl Composition Tile Adjacent the rows shall be offset 50% ❖ Covering: Hold back tile 5.5" each side of mateline. ❖ Base Trim: 4"Vinyl Cove-Base Color to be: CB-83 Burnt Umber Exterior Walls ❖ Studs: 2X4 42 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double 42 SYP,equal or better ❖ Bottom Plate: Single 42 SYP,equal or better ❖ Sheathing: 3/8" CDX Plywood minimun ❖ Sheathing: 154 Felt Paper ❖ Insulation: As required by 2015 IECC Energy Check ❖ Siding: 26 ga. Steel with color finish,high rib profile(R-Panel) Color to be: Light Stone ❖ Trim: 26 ga. steel,eave and rake trim,Color to be:Emerald Green ❖ Trim: 26 ga. steel,corners windows and doors,Color to be:Light Stone ❖ Trim: 26 ga. steel,bottom z-trim,Color to be:Light Stone ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsun ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4"batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be:Ruff Stuff White ❖ Skirting: Option-26 ga. Steel with color finish,high rib profile(R-Panel) Color to be: Light Stone Interior Walls ❖ Studs: 2X4 42 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double 42 SYP,equal or better ❖ Bottom Plate: Single 42 SYP,equal or better ❖ Sheathing: As required by code for shear walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsun ❖ Covering: Mfr. to run VCG to mateline;shiploose a vinyl wrapped 4"batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be:Ruff Stuff White ❖ Insulation: R-11 unfaced fiberglass batt Roo Approved by (signature) Page 2 Page 284 of 1037 3/10/2016 Building Specifications � g {lT1 SCOTSMAN Building Vr rr A"ALGECO SCOTSMAN Comps„r Tho Cooperative Purchasing Network ❖ Rafters: Flat Solid Rafter ❖ Rafter Size 2X6 42 SYP,equal or better ❖ Rafter Spacing: 24"O.C.max. ❖ Roof Slope: Complex(peak at;nateline),2"per ft. ❖ Mansard: None ❖ Mate Beam: Wood Girder Truss ❖ Minimum Span: Clear Span in Each Class-No Colmnns in Rooms ❖ Mate Beam Posts: Mate Beam Posts Shall be Concealed in Walls ❖ Ceiling: 2 ft.x 4 ft. Standard suspended acoustical ceiling. Armstrong 4769 Mineral Fiber Tile installed at factory and secured for Transport ❖ Ceiling: T-grid to be tenninated into;natebeam w/white prefinished 9”MDF trim ❖ Ceiling Height.: 7'- 10-1/2"A.F.F. ❖ Sub-Ceiling: None -netting secured to rafters to support insulation ❖ Insulation: As required by 2015 IECC Energy Check ❖ Sheathing: 7/16" OSB ❖ Sheathing: 154 Felt Paper ❖ Roofing: 29 ga. Galvalmne,high rib profile(R-Panel) ❖ Roofing: Flash roof peak at;nateline for peel-and-seal closure ❖ Roofing: Roof metal shall overhang the sidewall trim 3" ❖ Roofing: Shiploose peak caps for rake trim closure at matelines Exterior Doors ❖ Door Type: (2) 36 X 80 Co ntnercial steel door with steel KD or welded fraine- Color to be: Kelly Green ❖ Brand/Model: SteelCraft 18ga with 16ga KD fraine -or- Brand/Model: Tell Manufacturing.Telstar Door,Color: Colonial White ❖ Hardware: (2) w/panic hardware ❖ Hardware: (2) w/pull hardware ❖ Hardware: w/drip cap ❖ Hardware: (2) w/hydraulic closers Interior Doors ❖ Int.Door: None Windows ❖ Window: (4) 48"X 24"Horizontal sliding window ❖ Window: Installed 56"AFF Approved by (signature) Page 3 Page 285 of 1037 3/10/2016 {lT1 Building Specifications SCOTSMANC �rrr A"ALGECO SCOTSMAN Comps„r Tho Cooperative Purchasing Network ❖ Frame Finish: Bronze finish ❖ Glazing: Double insulated ❖ Glazing: Low E ❖ Tinting: Clear ❖ Blinds: Horizontal V live;:pini blinds ❖ Blinds: Color to be:Alabaster Electrical ❖ Service: 120/240 V. 1-Phase 60 HZ,3-Wire ❖ Load Center: (1) 150 Amp Panel ❖ Load Center: w/Main Breaker ❖ Load Center: Interior Recessed ❖ Service Entrance: EMT Conduit thru floor ❖ Raceway: EMT thin wall conduit(#12 min.wire size)-Type THHN with isolated ground ❖ Interior Lights: (12) 48” (4)Tube fluorescent w/diffuser,recessed,T-grid lay-in ❖ Interior Lights: Electronic ballasts ❖ Interior Lights: T-8 Lamps ❖ Interior Lights: Secure lights in T-grid to rafters with tie-wires at 2 opposite corners(min) ❖ Ext.Lights: (2) Fluorescent porch light w/photocell ❖ Exit/Ernerg.Lights: (2) Combination exit light with dual head emergency lights w/battery back-up ❖ Receptacle: (10) 20A/125V Duplex ❖ Receptacle: (2) 20A/125V Exterior waterproof ❖ Switching: 15 Atnp, 120 Volt,As required by code ❖ Devices/Covers: Ivory devices and cover plates Plumbinz ❖ Plumbing: None HVAC ❖ Type: (2) Wall hung package unit. Color to be Beige ❖ Cooling: 3.0 ton ❖ Heat: l OKW heat strips ❖ Supply Duct: 1.5"Foil-faced rigid fiberglass duct board ❖ Supply Diffusers: (12) 24"X 24"4-way t-grid lay-in with adjustable damper ❖ Return Duct: None,open return to HVAC unit ❖ Return Diffusers: 14"x 30"Register at unit ❖ Thennostat: (2) Programmable Thennostat Approved by (signature) Page 4 Page 286 of 1037 3/10/2016 Building Specifications � g {lT1 SCOTSMAN Building Wr rr A�ALGECO SCOTSMAN G—p—r Tho Cooperative Purchasing Network Millwork ❖ Marker Boards (4) 8'X 4'standard white dry-erase;:Harker boards ❖ Tack Boards: (2) 4'X 4'standard fabric tack boards Fire Protection ❖ Rated Construction: No exterior or interior fired rated assemblies ❖ Fire Alann: None ❖ Fire Sprinkler: None Approved by (signature) Page 5 Page 287 of 1037 3/10/2016 fin Buildin Specifications SCOTSMAN � �`' Nrr A"ALGECO SCOTSMAN G—p—r UP Cooperative Purchasing Network Customer: The Cooperative Purchasing Network ESC 4 ❖ Building: (1) 68x24 Wet Classroom(64x24 nominal box sixe) ❖ Units/Building: 2 ❖ Square Feet/Building: 1536 SF Design Criteria ❖ Code: IBC 2015 ❖ Code: IECC 2015 ❖ Construction Type: V-B ❖ Occupancy Use: Education and Business ❖ Floor Live Load: 50 PSF (20001b concentrated- 100 PSF at corridor) ❖ Wind Load (V3s): 130 MPH Exposure-B ❖ Roof Live Load: 20 PSF ❖ State Eng.Seal: TX ❖ State Decal: TX-Texas Department of Licensing and Regulation ❖ Accessibility: NFPA 101 ❖ Accessibility: ADA (ADAAG) ❖ Accessibility: TAS Frame ❖ Type: Outrigger-Outriggers and Crossmembers at 48" O.C. Main beams to be 99.5" O.C. ❖ Main Beam: 12" Jr.I-beam ❖ Axles: New ❖ Axles: Triple 6000#rated with (2) brake (1) tag ❖ Hitch: Detachable underslung ❖ Tires: New ❖ Tires: 8.0 X 14.5 - 10 Ply Floor ❖ Joists: 2X8#2 SYP,equal or better ❖ Framing Type: Transverse ❖ Joist Spacing: 16" O.C. ❖ Perimeter Rail: Double ❖ Decking 3/4"T &G, U.L.Plywood-single layer. ❖ Insulation: As required by 2015 IECC Energy Check ❖ Bottom Board:: .040 Simplex bottom board or equal-Fiber reinforced Approved by (signature) Page 1 Page 288 of 1037 3/10/2016 fin Buildin Specifications SCOTSMAN � �`' � rr n"ALGECO SCOTSMAN G—p—r UP Cooperative Purchasing Network ❖ Covering: 1536 SF- 1/8" Commercial Vinyl Composition Tile Adjacent tile rows shall be offset 50% ❖ Covering: Hold back tile 5.5" each side of mateline. ❖ Base Trim: 4" Vinyl Cove-Base Color to be: CB-83 Burnt Umber Exterior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: 3/8" CDX Plywood minimum ❖ Sheathing: 15#Felt Paper ❖ Insulation: As required by 2015 IECC Energy Check ❖ Siding: 26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone ❖ Trim: 26 ga.steel,eave and rake trim, Color to be: Emerald Green ❖ Trim: 26 ga.steel,corners windows and doors, Color to be: Light Stone ❖ Trim: 26 ga.steel,bottom z-trim, Color to be: Light Stone ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Skirting: Option-26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone Interior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: As required by code for shear walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Insulation: R-11 unfaced fiberglass batt Roof Approved by (signature) Page 2 Page 289 of 1037 3/10/2016 fin Buildin Specifications SCOTSMAN � �`' Nrr A"ALGECO SCOTSMAN Comps„r UP Cooperative Purchasing Network ❖ Rafters: Flat Solid Rafter ❖ Rafter Size 2X6#2 SYP,equal or better ❖ Rafter Spacing: 24"O.C.max. ❖ Roof Slope: Complex (peak at mateline), 2" per ft. ❖ Mansard: None ❖ Mate Beam: Wood Girder Truss ❖ Minimum Span: Clear Span in Each Class-No Columns in Rooms ❖ Mate Beam Posts: Mate Beam Posts Shall be Concealed in Walls ❖ Ceiling: 2 ft.x 4 ft.Standard suspended acoustical ceiling. Armstrong#769 Mineral Fiber Tile installed at factory and secured for Transport ❖ Ceiling: T-grid to be terminated into matebeam w/white prefinished 9” MDF trim ❖ Ceiling Height.: T- 10-1/2" A.F.F. ❖ Sub-Ceiling: None-netting secured to rafters to support insulation ❖ Insulation: As required by 2015 IECC Energy Check ❖ Sheathing: 7/16" OSB ❖ Sheathing: 15#Felt Paper ❖ Roofing: 29 ga. Galvalume,high rib profile (R-Panel) ❖ Roofing: Flash roof peak at mateline for peel-and-seal closure ❖ Roofing: Roof metal shall overhang the sidewall trim 3" ❖ Roofing: Shiploose peak caps for rake trim closure at matelines Exterior Doors ❖ Door Type: (2) 36 X 80 Commercial steel door with steel KD or welded frame- Color to be: Kelly Green ❖ Brand/Model: SteelCraft 18ga with 16ga KD frame -or- Brand/Model: Tell Manufacturing.Telstar Door, Color: Colonial White ❖ Hardware: (2) w/panic hardware ❖ Hardware: (2) w/pull hardware ❖ Hardware: w/drip cap ❖ Hardware: (2) w/hydraulic closers Interior Doors ❖ Int. Door: None Windows ❖ Window: (4) 48" X 24" Horizontal sliding window ❖ Window: Installed 56" AFF Approved by (signature) Page 3 Page 290 of 1037 3/10/2016 fin Buildin Specifications SCOTSMAN � �`' Nrr A"ALGECO SCOTSMAN Comps„r UP Cooperative Purchasing Network ❖ Frame Finish: Bronze finish ❖ Glazing: Double insulated ❖ Glazing: Low E ❖ Tinting: Clear ❖ Blinds: Horizontal 1” pvc mini blinds ❖ Blinds: Color to be: Alabaster Electrical ❖ Service: 120/240 V. 1-Phase 60 HZ, 3-Wire ❖ Load Center: (1) 150 Amp Panel ❖ Load Center: w/Main Breaker ❖ Load Center: Interior Recessed ❖ Service Entrance: EMT Conduit thru floor ❖ Raceway: EMT thin wall conduit(#12 min.wire size) -Type THHN with isolated ground ❖ Interior Lights: (12) 48" (4)Tube fluorescent w/diffuser,recessed,T-grid lay-in ❖ Interior Lights: Electronic ballasts ❖ Interior Lights: T-8 Lamps ❖ Interior Lights: Secure lights in T-grid to rafters with tie-wires at 2 opposite corners (min) ❖ Ext. Lights: (2) Fluorescent porch light w/photocell ❖ Exit/Emerg. Lights: (2) Combination exit light with dual head emergency lights w/battery back-up ❖ Receptacle: (10) 20A/125V Duplex ❖ Receptacle: (2) 20A/125V Exterior waterproof ❖ Switching: 15 Amp, 120 Volt,As required by code ❖ Devices/Covers: Ivory devices and cover plates Plumbing ❖ Supply Piping: Type "L" Hard Copper ❖ DWV Piping: Schedule 40 PVC with multiple drops,no manifold ❖ Water Closet: (2) Handicap tank type ❖ Lavatory: (2) White vitreous wall hung w/ADA handles and under sink scald protection ❖ Water Heater: (1) Insta-Hot EEMAX, Multiple Sink EX-55 ❖ RR Accessory: (2) Chrome single-roll toilet paper holder ❖ RR Accessory: (2) Set(s) of grab bars for water closets per code ❖ RR Accessory: (2) 18"x 36" Mirror with stainless surround HVAC ❖ Type: (2) Wall hung package unit. Color to be Beige ❖ Cooling: 3.0 ton Approved by (signature) Page 4 Page 291 of 1037 3/10/2016 fin Buildin Specifications SCOTSMAN � �`' __ � rr A"ALGECO SCOTSMAN G—p—r UP Cooperative Purchasing Network ❖ Heat: 1OKW heat strips ❖ Supply Duct: 1.5" Foil-faced rigid fiberglass duct board ❖ Supply Diffusers: (12) 24"X 24" 4-way t-grid lay-in with adjustable damper ❖ Return Duct: None,open return to HVAC unit ❖ Return Diffusers: 14"x 30" Register at unit ❖ Thermostat: (2) Programmable Thermostat Millwork ❖ Marker Boards (4) 8'X 4'standard white dry-erase marker boards ❖ Tack Boards: (2) 4'X 4'standard fabric tack boards Fire Protection ❖ Rated Construction: No exterior or interior fired rated assemblies ❖ Fire Alarm: None ❖ Fire Sprinkler: None Approved by (signature) Page 5 Page 292 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network Customer: The Cooperative Purchasing Network ESC 4 ❖ Building: (1) 68x56 Dry 4 Classroom(64x56 nominal box sixe) ❖ Units/Building: 5 ❖ Square Feet/Building: 3584 SF Design Criteria ❖ Code: IBC 2015 ❖ Code: IECC 2015 ❖ Construction Type: V-B ❖ Occupancy Use: Education and Business ❖ Floor Live Load: 50 PSF (20001b concentrated- 100 PSF at corridor) ❖ Wind Load (V3s): 130 MPH Exposure-B ❖ Roof Live Load: 20 PSF ❖ State Eng.Seal: TX ❖ State Decal: TX-Texas Department of Licensing and Regulation ❖ Accessibility: NFPA 101 ❖ Accessibility: ADA (ADAAG) ❖ Accessibility: TAS Frame ❖ Type: Outrigger-Outriggers and Crossmembers at 48" O.C. Main beams to be 99.5" O.C. ❖ Main Beam: 12" Jr.I-beam ❖ Axles: New ❖ Axles: Triple 6000#rated with (2) brake (1) tag ❖ Hitch: Detachable underslung ❖ Tires: New ❖ Tires: 8.0 X 14.5 - 10 Ply Floor ❖ Joists: 2X8#2 SYP,equal or better ❖ Framing Type: Transverse ❖ Joist Spacing: 16" O.C. ❖ Perimeter Rail: Double ❖ Decking 3/4"T &G, U.L.Plywood-single layer. ❖ Insulation: As required by 2015 IECC Energy Check ❖ Bottom Board:: .040 Simplex bottom board or equal-Fiber reinforced Approved by (signature) Page 1 Page 293 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Covering: 1536 SF- 1/8" Commercial Vinyl Composition Tile Adjacent tile rows shall be offset 50% ❖ Covering: Hold back tile 5.5" each side of mateline. ❖ Base Trim: 4" Vinyl Cove-Base Color to be: CB-83 Burnt Umber Exterior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: 3/8" CDX Plywood minimum ❖ Sheathing: 15#Felt Paper ❖ Insulation: As required by 2015 IECC Energy Check ❖ Siding: 26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone ❖ Trim: 26 ga.steel,eave and rake trim, Color to be: Emerald Green ❖ Trim: 26 ga.steel,corners windows and doors, Color to be: Light Stone ❖ Trim: 26 ga.steel,bottom z-trim, Color to be: Light Stone ❖ Covering: 4'Fiberglass reinforced paneling (FRP)wainscot on all restroom walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Skirting: Option-26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone Interior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: As required by code for shear walls ❖ Covering: 4'Fiberglass reinforced paneling (FRP)wainscot on all restroom walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Insulation: R-11 unfaced fiberglass batt Approved by (signature) Page 2 Page 294 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network Roof ❖ Rafters: Flat Solid Rafter ❖ Rafter Size 2X6#2 SYP,equal or better ❖ Rafter Spacing: 24"O.C.max. ❖ Roof Slope: Transverse Ridge, 1/4" per ft. ❖ Mansard: None ❖ Mate Beam: Plywood-or- Mate Beam: Wood Girder Truss ❖ Minimum Span: Clear Span in Each Class-No Columns in Rooms ❖ Mate Beam Posts: Mate Beam Posts Shall be Concealed in Walls ❖ Ceiling: 2 ft.x 4 ft.Standard suspended acoustical ceiling. Armstrong#769 Mineral Fiber Tile installed at factory and secured for Transport ❖ Ceiling: T-grid to be terminated into matebeam w/white prefinished 9” MDF trim ❖ Ceiling Height.: T- 10-1/2" A.F.F. ❖ Sub-Ceiling: None-netting secured to rafters to support insulation ❖ Insulation: As required by 2015 IECC Energy Check ❖ Sheathing: 7/16" FR-Deck(block all edges) Mulehide ❖ Roofing: 45 mil EPDM (black),Mulehide Exterior Doors ❖ Door Type: (4) 36 X 80 Commercial steel door with steel KD or welded frame- Color to be: Kelly Green ❖ Brand/Model: SteelCraft 18ga with 16ga KD frame -or- Brand/Model: Tell Manufacturing.Telstar Door, Color: Colonial White ❖ Hardware: (4) w/panic hardware ❖ Hardware: (4) w/pull hardware ❖ Hardware: w/drip cap ❖ Hardware: (4) w/hydraulic closers Interior Doors ❖ Int. Door: 36 X 80 Prefinished hollow core ❖ Int. Door: Set in timely steel jamb or equal ❖ Hardware: w/levered privacy locksets (restroom(s)),Tell Grade II ❖ Hardware: Floor door stops Windows Approved by (signature) Page 3 Page 295 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network ❖ Window: (8) 48” X 24" Horizontal sliding window ❖ Window: Manufacturer: Philips,HR or Royal ❖ Window: Installed 56" AFF ❖ Frame Finish: Bronze finish ❖ Glazing: Double insulated ❖ Glazing: Low E ❖ Tinting: Clear ❖ Blinds: Horizontal 1" pvc mini blinds ❖ Blinds: Color to be: Alabaster Electrical ❖ Service: 120/240 V. 1-Phase 60 HZ, 3-Wire ❖ Load Center: (2) 150 Amp Panel ❖ Load Center: w/Main Breaker ❖ Load Center: Interior Recessed ❖ Service Entrance: EMT Conduit thru floor ❖ Raceway: EMT thin wall conduit(#12 min.wire size) -Type THHN with isolated ground ❖ Interior Lights: (24) 48" (4)Tube fluorescent w/diffuser,recessed,T-grid lay-in ❖ Interior Lights: Electronic ballasts ❖ Interior Lights: T-8 Lamps ❖ Interior Lights: Secure lights in T-grid to rafters with tie-wires at 2 opposite corners (min) ❖ Ext. Lights: (4) Fluorescent porch light w/photocell ❖ Exit/Emerg. Lights: (4) Combination exit light with dual head emergency lights w/battery back-up ❖ Receptacle: (20) 20A/125V Duplex ❖ Receptacle: (4) 20A/125V Exterior waterproof ❖ Switching: 15 Amp, 120 Volt,As required by code ❖ Devices/Covers: Ivory devices and cover plates Plumbing ❖ Plumbing: None HVAC ❖ Type: (4) Wall hung package unit. Color to be Beige ❖ Cooling: 3.0 ton ❖ Heat: 1OKW heat strips ❖ Supply Duct: 1.5" Foil-faced rigid fiberglass duct board ❖ Supply Diffusers: (24) 24"X 24" 4-way t-grid lay-in with adjustable damper ❖ Return Duct: None,open return to HVAC unit Approved by (signature) Page 4 Page 296 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Return Diffusers: 14"x 30" Register at unit ❖ Thermostat: (4) Programmable Thermostat Millwork ❖ Marker Boards (8) 8'X 4'standard white dry-erase marker boards ❖ Tack Boards: (4) 4'X 4'standard fabric tack boards Fire Protection ❖ Rated Construction: No exterior or interior fired rated assemblies ❖ Fire Alarm: None ❖ Fire Sprinkler: None ❖ Fire Extinguishers: None Approved by (signature) Page 5 Page 297 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network Customer: The Cooperative Purchasing Network ESC 4 ❖ Building: (1) 70x56 Wet 4 Classroom(66x56 nominal box sixe) ❖ Units/Building: 5 ❖ Square Feet/Building: 3696 SF Design Criteria ❖ Code: IBC 2015 ❖ Code: IECC 2015 ❖ Construction Type: V-B ❖ Occupancy Use: Education and Business ❖ Floor Live Load: 50 PSF (20001b concentrated- 100 PSF at corridor) ❖ Wind Load (V3s): 130 MPH Exposure-B ❖ Roof Live Load: 20 PSF ❖ State Eng.Seal: TX ❖ State Decal: TX-Texas Department of Licensing and Regulation ❖ Accessibility: NFPA 101 ❖ Accessibility: ADA (ADAAG) ❖ Accessibility: TAS Frame ❖ Type: Outrigger-Outriggers and Crossmembers at 48" O.C. Main beams to be 99.5" O.C. ❖ Main Beam: 12" Jr.I-beam ❖ Axles: New ❖ Axles: Triple 6000#rated with (2) brake (1) tag ❖ Hitch: Detachable underslung ❖ Tires: New ❖ Tires: 8.0 X 14.5 - 10 Ply Floor ❖ Joists: 2X8#2 SYP,equal or better ❖ Framing Type: Transverse ❖ Joist Spacing: 16" O.C. ❖ Perimeter Rail: Double ❖ Decking 3/4"T &G, U.L.Plywood-single layer. ❖ Insulation: As required by 2015 IECC Energy Check ❖ Bottom Board:: .040 Simplex bottom board or equal-Fiber reinforced Approved by (signature) Page 1 Page 298 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Covering: 1536 SF- 1/8" Commercial Vinyl Composition Tile Adjacent tile rows shall be offset 50% ❖ Covering: Hold back tile 5.5" each side of mateline. ❖ Base Trim: 4" Vinyl Cove-Base Color to be: CB-83 Burnt Umber Exterior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: 3/8" CDX Plywood minimum ❖ Sheathing: 15#Felt Paper ❖ Insulation: As required by 2015 IECC Energy Check ❖ Siding: 26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone ❖ Trim: 26 ga.steel,eave and rake trim, Color to be: Emerald Green ❖ Trim: 26 ga.steel,corners windows and doors, Color to be: Light Stone ❖ Trim: 26 ga.steel,bottom z-trim, Color to be: Light Stone ❖ Covering: 4'Fiberglass reinforced paneling (FRP)wainscot on all restroom walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Skirting: Option-26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone Interior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: As required by code for shear walls ❖ Covering: 4'Fiberglass reinforced paneling (FRP)wainscot on all restroom walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Insulation: R-11 unfaced fiberglass batt Approved by (signature) Page 2 Page 299 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network Roof ❖ Rafters: Flat Solid Rafter ❖ Rafter Size 2X6#2 SYP,equal or better ❖ Rafter Spacing: 24"O.C.max. ❖ Roof Slope: Transverse Ridge, 1/4" per ft. ❖ Mansard: None ❖ Mate Beam: Plywood-or- Mate Beam: Wood Girder Truss ❖ Minimum Span: Clear Span in Each Class-No Columns in Rooms ❖ Mate Beam Posts: Mate Beam Posts Shall be Concealed in Walls ❖ Ceiling: 2 ft.x 4 ft.Standard suspended acoustical ceiling. Armstrong#769 Mineral Fiber Tile installed at factory and secured for Transport ❖ Ceiling: T-grid to be terminated into matebeam w/white prefinished 9” MDF trim ❖ Ceiling Height.: T- 10-1/2" A.F.F. ❖ Sub-Ceiling: None-netting secured to rafters to support insulation ❖ Insulation: As required by 2015 IECC Energy Check ❖ Sheathing: 7/16" FR-Deck(block all edges) Mulehide ❖ Roofing: 45 mil EPDM (black),Mulehide Exterior Doors ❖ Door Type: (4) 36 X 80 Commercial steel door with steel KD or welded frame- Color to be: Kelly Green ❖ Brand/Model: SteelCraft 18ga with 16ga KD frame -or- Brand/Model: Tell Manufacturing.Telstar Door, Color: Colonial White ❖ Hardware: (4) w/panic hardware ❖ Hardware: (4) w/pull hardware ❖ Hardware: w/drip cap ❖ Hardware: (4) w/hydraulic closers Interior Doors ❖ Int. Door: 36 X 80 Prefinished hollow core ❖ Int. Door: Set in timely steel jamb or equal ❖ Hardware: w/levered privacy locksets (restroom(s)),Tell Grade II ❖ Hardware: Floor door stops Windows Approved by (signature) Page 3 Page 300 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network ❖ Window: (8) 48” X 24" Horizontal sliding window ❖ Window: Manufacturer: Philips,HR or Royal ❖ Window: Installed 56" AFF ❖ Frame Finish: Bronze finish ❖ Glazing: Double insulated ❖ Glazing: Low E ❖ Tinting: Clear ❖ Blinds: Horizontal 1" pvc mini blinds ❖ Blinds: Color to be: Alabaster Electrical ❖ Service: 120/240 V. 1-Phase 60 HZ, 3-Wire ❖ Load Center: (2) 150 Amp Panel ❖ Load Center: w/Main Breaker ❖ Load Center: Interior Recessed ❖ Service Entrance: EMT Conduit thru floor ❖ Raceway: EMT thin wall conduit(#12 min.wire size) -Type THHN with isolated ground ❖ Interior Lights: (24) 48" (4)Tube fluorescent w/diffuser,recessed,T-grid lay-in ❖ Interior Lights: Electronic ballasts ❖ Interior Lights: T-8 Lamps ❖ Interior Lights: Secure lights in T-grid to rafters with tie-wires at 2 opposite corners (min) ❖ Ext. Lights: (4) Fluorescent porch light w/photocell ❖ Exit/Emerg. Lights: (4) Combination exit light with dual head emergency lights w/battery back-up ❖ Receptacle: (20) 20A/125V Duplex ❖ Receptacle: (4) 20A/125V Exterior waterproof ❖ Switching: 15 Amp, 120 Volt,As required by code ❖ Devices/Covers: Ivory devices and cover plates Plumbing ❖ Supply Piping: Type "L" Hard Copper ❖ DWV Piping: Schedule 40 PVC with multiple drops,no manifold ❖ Water Closet: (4) Handicap tank type ❖ Lavatory: (4) White vitreous wall hung w/ADA handles and under sink scald protection ❖ Water Heater: (2) Insta-Hot EEMAX, Multiple Sink EX-55 ❖ RR Accessory: (4) Chrome single-roll toilet paper holder ❖ RR Accessory: (4) Set(s) of grab bars for water closets per code ❖ RR Accessory: (4) 18"x 36" Mirror with stainless surround HVAC Approved by (signature) Page 4 Page 301 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Type: (4) Wall hung package unit. Color to be Beige ❖ Cooling: 3.0 ton ❖ Heat: 1OKW heat strips ❖ Supply Duct: 1.5" Foil-faced rigid fiberglass duct board ❖ Supply Diffusers: (24) 24"X 24" 4-way t-grid lay-in with adjustable damper ❖ Return Duct: None,open return to HVAC unit ❖ Return Diffusers: 14"x 30" Register at unit ❖ Thermostat: (4) Programmable Thermostat Millwork ❖ Marker Boards (8) 8'X 4'standard white dry-erase marker boards ❖ Tack Boards: (4) 4'X 4'standard fabric tack boards Fire Protection ❖ Rated Construction: No exterior or interior fired rated assemblies ❖ Fire Alarm: None ❖ Fire Sprinkler: None ❖ Fire Extinguishers: None Approved by (signature) Page 5 Page 302 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network Customer: The Cooperative Purchasing Network ESC 4 ❖ Building: (1) 68x98 Dry 6 Classroom(64x98 nominal box sixe) ❖ Units/Building: 7 ❖ Square Feet/Building: 6272 SF Design Criteria ❖ Code: IBC 2015 ❖ Code: IECC 2015 ❖ Construction Type: V-B ❖ Occupancy Use: Education and Business ❖ Floor Live Load: 50 PSF (20001b concentrated- 100 PSF at corridor) ❖ Wind Load (V3s): 130 MPH Exposure-B ❖ Roof Live Load: 20 PSF ❖ State Eng.Seal: TX ❖ State Decal: TX-Texas Department of Licensing and Regulation ❖ Accessibility: NFPA 101 ❖ Accessibility: ADA (ADAAG) ❖ Accessibility: TAS Frame ❖ Type: Outrigger-Outriggers and Crossmembers at 48" O.C. Main beams to be 99.5" O.C. ❖ Main Beam: 12" Jr.I-beam ❖ Axles: New ❖ Axles: Triple 6000#rated with (2) brake (1) tag ❖ Hitch: Detachable underslung ❖ Tires: New ❖ Tires: 8.0 X 14.5 - 10 Ply Floor ❖ Joists: 2X8#2 SYP,equal or better ❖ Framing Type: Transverse ❖ Joist Spacing: 16" O.C. ❖ Perimeter Rail: Double ❖ Decking 3/4"T &G, U.L.Plywood-single layer. ❖ Insulation: As required by 2015 IECC Energy Check ❖ Bottom Board:: .040 Simplex bottom board or equal-Fiber reinforced Approved by (signature) Page 1 Page 303 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Covering: 1536 SF- 1/8" Commercial Vinyl Composition Tile Adjacent tile rows shall be offset 50% ❖ Covering: Hold back tile 5.5" each side of mateline. ❖ Base Trim: 4" Vinyl Cove-Base Color to be: CB-83 Burnt Umber Exterior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: 3/8" CDX Plywood minimum ❖ Sheathing: 15#Felt Paper ❖ Insulation: As required by 2015 IECC Energy Check ❖ Siding: 26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone ❖ Trim: 26 ga.steel,eave and rake trim, Color to be: Emerald Green ❖ Trim: 26 ga.steel,corners windows and doors, Color to be: Light Stone ❖ Trim: 26 ga.steel,bottom z-trim, Color to be: Light Stone ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Skirting: Option-26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone Interior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: As required by code for shear walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Insulation: R-11 unfaced fiberglass batt Roof Approved by (signature) Page 2 Page 304 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network ❖ Rafters: Flat Solid Rafter ❖ Rafter Size 2X8#2 SYP,equal or better ❖ Rafter Spacing: 24"O.C.max. ❖ Roof Slope: Transverse Ridge, 1/4" per ft. ❖ Mansard: None ❖ Mate Beam: Plywood-or- Mate Beam: Wood Girder Truss ❖ Minimum Span: Clear Span in Each Class-No Columns in Rooms ❖ Mate Beam Posts: Mate Beam Posts Shall be Concealed in Walls ❖ Ceiling: 2 ft.x 4 ft.Standard suspended acoustical ceiling. Armstrong#769 Mineral Fiber Tile installed at factory and secured for Transport ❖ Ceiling: T-grid to be terminated into matebeam w/white prefinished 9” MDF trim ❖ Ceiling Height.: T- 10-1/2" A.F.F. ❖ Sub-Ceiling: None-netting secured to rafters to support insulation ❖ Insulation: As required by 2015 IECC Energy Check ❖ Sheathing: 7/16" FR-Deck(block all edges) Mulehide ❖ Roofing: 45 mil EPDM (black),Mulehide Exterior Doors ❖ Door Type: (2) 36 X 80 Commercial steel door with steel KD or welded frame- Color to be: Kelly Green ❖ Brand/Model: SteelCraft 18ga with 16ga KD frame -or- Brand/Model: Tell Manufacturing.Telstar Door, Color: Colonial White ❖ Hardware: (2) w/panic hardware ❖ Hardware: (2) w/pull hardware ❖ Hardware: w/drip cap ❖ Hardware: (2) w/hydraulic closers Interior Doors ❖ Int. Door: (6) 36 X 80 Solid core prefinished wood door ❖ Int. Door: Set in timely steel jamb or equal ❖ Hardware: (6) w/levered passage locksets,Tell Grade II ❖ Hardware: (6) w/closer hinges ❖ Hardware: Floor door stops Windows ❖ Window: (12) 48" X 24" Horizontal sliding window Approved by (signature) Page 3 Page 305 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network ❖ Window: Manufacturer: Philips,HR or Royal ❖ Window: Installed 56” AFF ❖ Frame Finish: Bronze finish ❖ Glazing: Double insulated ❖ Glazing: Low E ❖ Tinting: Clear ❖ Blinds: Horizontal 1" pvc mini blinds ❖ Blinds: Color to be: Alabaster Electrical ❖ Service: 120/240 V. 1-Phase 60 HZ, 3-Wire ❖ Load Center: (3) 150 Amp Panel ❖ Load Center: w/Main Breaker ❖ Load Center: Interior Recessed ❖ Service Entrance: EMT Conduit thru floor ❖ Raceway: EMT thin wall conduit(#12 min.wire size) -Type THHN with isolated ground ❖ Interior Lights: (40) 48" (4)Tube fluorescent w/diffuser,recessed,T-grid lay-in ❖ Interior Lights: Electronic ballasts ❖ Interior Lights: T-8 Lamps ❖ Interior Lights: Secure lights in T-grid to rafters with tie-wires at 2 opposite corners (min) ❖ Ext. Lights: (2) Fluorescent porch light w/photocell ❖ Exit/Emerg. Lights: (8) Combination exit light with dual head emergency lights w/battery back-up ❖ Receptacle: (30) 20A/125V Duplex ❖ Receptacle: (6) 20A/125V Exterior waterproof ❖ Switching: 15 Amp, 120 Volt,As required by code ❖ Devices/Covers: Ivory devices and cover plates Plumbing ❖ Plumbing: None HVAC ❖ Type: (6) Wall hung package unit. Color to be Beige ❖ Cooling: 3.0 ton ❖ Heat: 1OKW heat strips ❖ Supply Duct: 1.5" Foil-faced rigid fiberglass duct board ❖ Supply Diffusers: (36) 24"X 24" 4-way t-grid lay-in with adjustable damper ❖ Return Duct: None,open return to HVAC unit ❖ Return Diffusers: 14"x 30" Register at unit Approved by (signature) Page 4 Page 306 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A�ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Thermostat: (6) Programmable Thermostat Millwork ❖ Marker Boards (12) 8'X 4'standard white dry-erase marker boards ❖ Tack Boards: (6) 4'X 4'standard fabric tack boards Fire Protection ❖ Rated Construction: No exterior fired rated assemblies ❖ Rated Construction: 1 Hour rated corridors with 20min. Doors and closers ❖ Fire Alarm: None ❖ Fire Sprinkler: None ❖ Fire Extinguishers: None Approved by (signature) Page 5 Page 307 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network Customer: The Cooperative Purchasing Network ESC 4 ❖ Building: (1) 68x98 Wet 6 Classroom(64x98 nominal box sixe) ❖ Units/Building: 7 ❖ Square Feet/Building: 6272 SF Design Criteria ❖ Code: IBC 2015 ❖ Code: IECC 2015 ❖ Construction Type: V-B ❖ Occupancy Use: Education and Business ❖ Floor Live Load: 50 PSF (20001b concentrated- 100 PSF at corridor) ❖ Wind Load (V3s): 130 MPH Exposure-B ❖ Roof Live Load: 20 PSF ❖ State Eng.Seal: TX ❖ State Decal: TX-Texas Department of Licensing and Regulation ❖ Accessibility: NFPA 101 ❖ Accessibility: ADA (ADAAG) ❖ Accessibility: TAS Frame ❖ Type: Outrigger-Outriggers and Crossmembers at 48" O.C. Main beams to be 99.5" O.C. ❖ Main Beam: 12" Jr.I-beam ❖ Axles: New ❖ Axles: Triple 6000#rated with (2) brake (1) tag ❖ Hitch: Detachable underslung ❖ Tires: New ❖ Tires: 8.0 X 14.5 - 10 Ply Floor ❖ Joists: 2X8#2 SYP,equal or better ❖ Framing Type: Transverse ❖ Joist Spacing: 16" O.C. ❖ Perimeter Rail: Double ❖ Decking 3/4"T &G, U.L.Plywood-single layer. ❖ Insulation: As required by 2015 IECC Energy Check ❖ Bottom Board:: .040 Simplex bottom board or equal-Fiber reinforced Approved by (signature) Page 1 Page 308 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network ❖ Covering: 1536 SF- 1/8" Commercial Vinyl Composition Tile Adjacent tile rows shall be offset 50% ❖ Covering: Hold back tile 5.5" each side of mateline. ❖ Base Trim: 4" Vinyl Cove-Base Color to be: CB-83 Burnt Umber Exterior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: 3/8" CDX Plywood minimum ❖ Sheathing: 15#Felt Paper ❖ Insulation: As required by 2015 IECC Energy Check ❖ Siding: 26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone ❖ Trim: 26 ga.steel,eave and rake trim, Color to be: Emerald Green ❖ Trim: 26 ga.steel,corners windows and doors, Color to be: Light Stone ❖ Trim: 26 ga.steel,bottom z-trim, Color to be: Light Stone ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Skirting: Option-26 ga.Steel with color finish,high rib profile (R-Panel) Color to be: Light Stone Interior Walls ❖ Studs: 2X4#2 SYP,equal or better ❖ Stud Spacing: 16"O.C. ❖ Top Plate: Double#2 SYP,equal or better ❖ Bottom Plate: Single#2 SYP,equal or better ❖ Sheathing: As required by code for shear walls ❖ Covering: Woodgrain paneling -or- Covering: Vinyl covered gypsum ❖ Covering: Mfr.to run VCG to mateline;shiploose a vinyl wrapped 4" batten for wall seams ❖ Covering Height: 8 FT ❖ Battens: Vinyl wrapped-Color to be: Ruff Stuff White ❖ Insulation: R-11 unfaced fiberglass batt Roof Approved by (signature) Page 2 Page 309 of 1037 3/10/2016 fin S�0TSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network ❖ Rafters: Flat Solid Rafter ❖ Rafter Size 2X8#2 SYP,equal or better ❖ Rafter Spacing: 24"O.C.max. ❖ Roof Slope: Transverse Ridge, 1/4" per ft. ❖ Mansard: None ❖ Mate Beam: Plywood-or- Mate Beam: Wood Girder Truss ❖ Minimum Span: Clear Span in Each Class-No Columns in Rooms ❖ Mate Beam Posts: Mate Beam Posts Shall be Concealed in Walls ❖ Ceiling: 2 ft.x 4 ft.Standard suspended acoustical ceiling. Armstrong#769 Mineral Fiber Tile installed at factory and secured for Transport ❖ Ceiling: T-grid to be terminated into matebeam w/white prefinished 9” MDF trim ❖ Ceiling Height.: T- 10-1/2" A.F.F. ❖ Sub-Ceiling: None-netting secured to rafters to support insulation ❖ Insulation: As required by 2015 IECC Energy Check ❖ Sheathing: 7/16" FR-Deck(block all edges) Mulehide ❖ Roofing: 45 mil EPDM (black),Mulehide Exterior Doors ❖ Door Type: (2) 36 X 80 Commercial steel door with steel KD or welded frame- Color to be: Kelly Green ❖ Brand/Model: SteelCraft 18ga with 16ga KD frame -or- Brand/Model: Tell Manufacturing.Telstar Door, Color: Colonial White ❖ Hardware: (2) w/panic hardware ❖ Hardware: (2) w/pull hardware ❖ Hardware: w/drip cap ❖ Hardware: (2) w/hydraulic closers Interior Doors ❖ Int. Door: (6) 36 X 80 Prefinished hollow core ❖ Int. Door: (6) 36 X 80 Solid core prefinished wood door ❖ Int. Door: Set in timely steel jamb or equal ❖ Hardware: (6) w/levered passage locksets,Tell Grade II ❖ Hardware: (6) w/levered privacy locksets (restroom(s)),Tell Grade II ❖ Hardware: (6) w/closer hinges ❖ Hardware: Floor door stops Windows Approved by (signature) Page 3 Page 310 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN Comps„r The Cooperative Purchasing Network ❖ Window: (12) 48” X 24" Horizontal sliding window ❖ Window: Manufacturer: Philips,HR or Royal ❖ Window: Installed 56" AFF ❖ Frame Finish: Bronze finish ❖ Glazing: Double insulated ❖ Glazing: Low E ❖ Tinting: Clear ❖ Blinds: Horizontal 1" pvc mini blinds ❖ Blinds: Color to be: Alabaster Electrical ❖ Service: 120/240 V. 1-Phase 60 HZ, 3-Wire ❖ Load Center: (3) 150 Amp Panel ❖ Load Center: w/Main Breaker ❖ Load Center: Interior Recessed ❖ Service Entrance: EMT Conduit thru floor ❖ Raceway: EMT thin wall conduit(#12 min.wire size) -Type THHN with isolated ground ❖ Interior Lights: (40) 48" (4)Tube fluorescent w/diffuser,recessed,T-grid lay-in ❖ Interior Lights: Electronic ballasts ❖ Interior Lights: T-8 Lamps ❖ Interior Lights: Secure lights in T-grid to rafters with tie-wires at 2 opposite corners (min) ❖ Ext. Lights: (2) Fluorescent porch light w/photocell ❖ Exit/Emerg. Lights: (8) Combination exit light with dual head emergency lights w/battery back-up ❖ Receptacle: (30) 20A/125V Duplex ❖ Receptacle: (6) 20A/125V Exterior waterproof ❖ Switching: 15 Amp, 120 Volt,As required by code ❖ Devices/Covers: Ivory devices and cover plates Plumbing ❖ Supply Piping: Type "L" Hard Copper ❖ DWV Piping: Schedule 40 PVC with multiple drops,no manifold ❖ Water Closet: (6) Handicap tank type ❖ Lavatory: (6) White vitreous wall hung w/ADA handles and under sink scald protection ❖ Water Heater: (3) Insta-Hot EEMAX, Multiple Sink EX-55 ❖ RR Accessory: (6) Chrome single-roll toilet paper holder ❖ RR Accessory: (6) Set(s) of grab bars for water closets per code ❖ RR Accessory: (6) 18"x 36" Mirror with stainless surround Approved by (signature) Page 4 Page 311 of 1037 3/10/2016 fin S�OTSMSCOTSMAN Building �`'S ecifications � � PNO A"ALGECO SCOTSMAN G—p—r The Cooperative Purchasing Network HVAC ❖ Type: (6) Wall hung package unit. Color to be Beige ❖ Cooling: 3.0 ton ❖ Heat: 1OKW heat strips ❖ Supply Duct: 1.5" Foil-faced rigid fiberglass duct board ❖ Supply Diffusers: (36) 24"X 24" 4-way t-grid lay-in with adjustable damper ❖ Return Duct: None,open return to HVAC unit ❖ Return Diffusers: 14"x 30" Register at unit ❖ Thermostat: (6) Programmable Thermostat Millwork ❖ Marker Boards (12) 8'X 4'standard white dry-erase marker boards ❖ Tack Boards: (6) 4'X 4'standard fabric tack boards Fire Protection ❖ Rated Construction: No exterior fired rated assemblies ❖ Rated Construction: 1 Hour rated corridors with 20min. Doors and closers ❖ Fire Alarm: None ❖ Fire Sprinkler: None ❖ Fire Extinguishers: None Approved by (signature) Page 5 Page 312 of 1037 M 0 �m HVAC CL "L K 0 X W 0 7C w 0 !I WO Y�p InI x n IIIILIIIII V 00 g9 U, 5C' 1"S V--I n0 N z0 LA W T T70 0 V) C8 w 0 > 0 cx t1i U) x 01) 0 HVAC Page 313 of 1037 0 C, :CL , HYAC rL "x 4"b .T. Pw O 7C 2 wWS N � xx � _ O C� O e Is ®.®r cm cB m oA CD C7 E � 0 t Nw�ptV UTAt� �� NOWOys C8-vN, p l7+N ®g ryO� N�m M � ;!6 CT.,,... 869 r)T n ="§"!� Ck 1....6 X C- 0 0 5 b �) V) co HVAC htiJ r X _ G-) Page 314 of 1037 40 PROC)UCT DESCRIPTION; 28* x 60' (1,680 sq.ft.) two classroom building EXTEPIOR FINISH: 7/16" LP siding with 2 coats vinyl acryke point W., RIOR FINI5H,., Y 7- :,C INTE 5/8"vinyl covered gypsum ponels FLOOR COVERING-, Moose from option list 3.12 pitch with 3-tob shingles CEILING. ?x4 toy-in acoustical Me ELECTRICAL, CL455ROC�l CLA5SROCM One 200 amp panel, minimum 50 FC lighting, -----------_- conduit reody-for-alarm and intercom Page 315 of 1037 30' X 30" ------------ ------ PRObUCT oE5CRIPITON; 30, x 30, (900 sq, ft.)single classroom buildin9 EXTERIOR FINISH: 7/16" LP siding with 2 coats vinyl acrylic paint INTERIOR F"SH' 5/8"vinyl covered gypsum panels FLOOR COVERING, Choose from option list 30* ROOF, 3:12 pitch with 3-tab shingles ................................. ----—- C CLA68fROOM CEILING.' LA681RO 2x4 lay-in acoustical the ELECTRICAU� One 1250 omp panel,minimum ead rid Viltrll- Y- ------- for alarm and intercom MECHANTCAL'' 0he 4-Ton wall mounted dir conditioner Page 316 of 1037 30" X 60' ------------- PRObUCT I)ESCRIPTTO!"4: 30- x 60' (1,800 Sq. ft_) f Wo classroom building EXTERIOR FINISH, 7116" LP siding with 2 coats vinyl acrylic paint INTERIOR FINISH: 5/8" vinyl covp-red gypsut" panels FLOOR COVERING: Choose from option list CLASSROOM ROOF; 3:12 pitch with 3-tab shingles ----______-_--- ...................... .......------------------------------------------_----------- .............. ........................ --------_----........... --------------------------------------------------------------------------------------_ ..... CEILING' 2x4 lay-in acoustical file ELECTRICAL: one 200 amp panel,minimum 50 FC lighting, conduit ready -_------------------_------ for alarm and intercom MECHANICAL, Two 4-Ton wall rnounfed air conditioners Page 317 of 1037 30�60' AL)MIA115 TPA TTON LZ)6 ................ ............... ...............1--IIIIIIIII...............--,""I'll"............... --------------- PPMUCT DESCRIPTION; 3YxW' Administrotion -Building - EXTEPIOR FINISH,, Synthetic stucco f inns ever V foam A TEMOR ff-NISW 5/8" psumtoped,textured 9y with two coats setni-gloss paint FLOOR COVEPUNG, Choose from option list ............... —__---------- ---—-----__ ...............___............... ...............1111111-,',,--,',,I,,__,,............... SOCIAL GC**M%aEK" ROOF" 3:12 pitch with three tab WORKER fiberglass shingles WAITH�s FPIWCIPAL CEILING: .......................... -COME ................... ........................................ ------- \Ij ELECTIZTCAL� One 200 amp panel, minimum 50 FC lighting,conduit ready for alarm anal intercom ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ..................... ......... MECHANICAL-, Two 4-,ori roof mounted h ea pumps Page 318 of 1037 30' x 68 PPODUCT DESCRIPTION; 30' x 68' (2,040 Sq.ft-)two classroom building ExTERioR FiNrsH; 7 16" LP siding with 2 coats vinyl acrylic point INTERIOR FIN15H: 5/8"vinyl covered gypsum panels FLOOR COVERING; -Choose`fir rn option list- RooF, 3-,12 pitch with 3--tob shingles CEILING: CLASSY TOMICECLASSFIXM ELECTUCAL. One 200 amp panel,minimum 50 FC lighting, conduit ready fear alarm and intercom ............... ............... ------ MECHANICAL - Two 4-Ton wall mounted air- conditioners Page 319 of 1037 30:v70" CLA,55ROOM 9LD6 - PRODUCT UCT 1)ESCPIPT-f ON: Wx701 Classroom Building EXTERIOA FINISH: Synthetic stucco finish over I"foam s I TER N FIN15H:TOP 5/8"gypsum taped,textured with two coats semi-gloss point FLOOR COVERING, Choose from option list ..........................____.......... -----------------------------------------------—------------------- CLASSROOM CLASSRC POOF; 3.12 pitch with three tab f bergloss shingles CEILING: 2x4 toy-in acoustical tile- ELECTRICAL: One P-00 amp panel, minimum 50 FC lighling,conduit ready for alarm and intercom .............. .......... MECHANICAL; Two 5-ton roof mounted hea Pump, - Page 320 of 1037 . 36 60" bu-r DESCRTvum 36' x 60' (2,160 sq, ft.) two classroom building EXTERIOP FINISH; 7/161, LP siding with two coats vinyl acrylic plaint INTERIOR FIN15H; I/?-"vinyl covered gyPsufn Panels FLOOR COVERING: Choose from option list ROOF. 1/4-,12 pitch with three ply fiberglass built-up roof ............... ---------------- CEILING. 2x4 ioy-in acoustical file CLA55ROai ELECTRICAL. one 200 amp panel,minimum 50 FC lighting, condult ready and intercom ................1111111111................ ................ MECHANICAL. Two 4-Ton wall mounted air- conditioners Page 321 of 1037 I I ' I 7 I 1 7j 3 I _ i Page 322 of 1037 r i I 3i FF 1� -1 EI ......... - t Tfoa...... 1 {� Ooov49uoa ~A S T I[ E EE 4 I f ......... E Page 323 of 1037 I I I I 3 i o 3 ❑ l �1 ° o z r-� ==1 eeb o i 3 i i Page 324 of 1037 i I I I I o;:od 0 a o E Page 325 of 1037 .. ...... ....................................... ........ ....... . .... ..... 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Page 335 of 1037 i 11 0 3 Page 336 of 1037 }} 1 I I O c U ❑ o Q 1�l i E E 1 I I � Page 337 of 1037 Mown%,UNUFJ6TCH END SECTIONS ....................................... ............................................... .................................................................................................................................... zz El Page 339 of 1037 i I z T N E I 3 E i E 1 Page 340 of 1037 l E €i EE E oo'v 'e U t \V j� I r 3 I I � k Page 341 of 1037 I � i o Q z O N I � i � Page 342 of 1037 I I 3 t ILCC��` � •t el� �l N 1 i I I Page 343 of 1037 j i 3 o0 m f I Page 344 of 1037 `I f i~ �oea ooeo V � �o�ao4o va � � �aeeso roti y � E J l 1 i Page 345 of 1037 i it i � IE 1 \� 1 o - 3 f I I Page 346 of 1037 i 3 ,I Q1 o E 1 I 3 f 1 I, i Page 347 of 1037 0 o � � 0 I i i IL I - Page 348 of 1037 i � 3 i o_ o o � iL 1 ❑ 1 ILI 1l(`� � 1 •1 [Ef i 1 Page 349 of 1037 jk f 0 u 4 o 1 I {f l L Page 350 of 1037 i i r i i I I U V y P o � ! ! i r Page 351 of 1037 o t o o �- 1 o ° 1 f E ' E I{ I Page 352 of 1037 i i 1 V �u ❑ O 1Cl I I � �IQL i Page 353 of 1037 i i i I 3 1 Page 354 of.1037 I �E 1 j o_ Q U :r. ❑ Q, z i N E I f E Page 355 of 1037 f u J- 4. � u � Q N E {h€ f � i E Page 356 of 1037 i I a o El N�4 C � a .f 1 Page 357 of 1037 i � I I o E � o N i J II � f Page 358 of 1037 ......... ...... E21 r r i I 3 � O b N 33 3 r I r I Page 359 of 1037 � U o ® z 4`n K I Page 360 of 1037 i . i = oaee e. Qz O ° veno 000a oo �1 0 i 3 3 3 € Page 361 of 1037 i o U � o i SFS ! is T Page 362 of 1037 I . I i Q � � o Q , I I I i . Page 363 of 1037 i l 3 j El ILA j E I ' Page 364 of 1037 _ ......... ........ 3 a € € Page 365 of 1037 i o_ aaP ebElo P oPa PaeP � Q Q PP Poa°se°ebe uPaP bvoaab C� PPvvvvvP ti� aPPtrbvvvti ti trbvvvvP O �/ Oe64Otroov = o tre°b'b°Pe PPP PPbmb � PaPPObabP aOPPbbba Pa6Oobva 1` CS \\\ 0 Page 366 of 1037 i I c I I �J + Qe anoo. Q a Ia ' ooee w v � � 1 i I i I t f i 1 F Page 367 of 1037 i E I I U �ILA ❑ O.......... z � o O i I i E i Page 368 of 1037 1 ' o_ ' ° Q ot: Q q IL Q �1 �� Q, ?C I i j r 1 i 3 i 1 I } � Page 369 of 1037 i t1i 00 tu 110 00 Ell TM ........................... e_n..----------------------- --------------- -------------------------------------------------------------------------------------------------------------- Page 370 of 1037 t TM 6 -------------- .1 bl a � : 6 y 1 : e V w j UA E... d ... ... .... 77 ............. ............ .......... ........ ....... ..... L Page 371 of 1037 301X30" RES T ROOM 9LD6 ...............11111111111111111111111111111I................1111111111111111111111111111lI-_----------- PRObUCT bE5CRIPTIQN. 39x30' RestroohA Building EXTERIOR FIN15H- 7/16"LP siding with two costs of vinyl acrylic,point INTEPIOR FINISH: 5/8"gypsutp taped, textured with two coats semi-glass paint FLOOR COVERING-. Choose from option list 30' ROOF: JANITOR fiberglass shingles cc )0 CEILING, 5/8"gypsum taped,textured (7 cc )0 cc with two coats semi-gloss point ............... SEN ELECTPICAL, r_U , One 100 amp panel, minimum 1�1'j U 50 FC lighting,conduit rwdy for alarm ................ ............... .......................................................................................................................................................................... One 4,000 CFM roof moue,ed evaporctive cooler Page 372 of 1037 ---------- J 71 ki g -lZ Al 00 ryl) > C14 ----------------------------------------------------------- ...................................... Ei ---------------------------------------- 0 .......... Page 373 of 1037 7� ---------------------- ..................................................... 0 OVAH AVA H 14 ID k u .5 m di st� ca b ----- ------- ------- ....................................................................... k4 as u .......... .......... 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Page 387 of 1037 ti SCOTSMAN Mobile Offices_Storage Product,'� And More S0641-2 Standard- with ADA Restroom 0/ 1 ------------- ............................. ....................................................................................................................................................................................................................................................... ................... Page 388 of 1037 ------------------- Lij W al- 114 INI Page 389 of 1037 w iy T4- it vo LL :L L,.' -- iia k _ aO *, w LL IL en 37 :.r a N Gr � r � g z a .e_ V 10 r� Page 390 of 1037 VALUE AD Please include any additional products andfor services not included in the scope of the solicitation that you think will enhance and/or add value to this contract for participating agencies. Your marketing plan and salesforce training plan as detailed in Appendix F will also be taken into account when evaluating your company's value add score.. Any additional products or services offered in this section will only be considered by Region 4 ESC i auditable pricing is offered for them in Appendix C. Any products or services for which pricing is not offered will not be considered a part of any contract awarded as a result of this RFP. All products or services offered in this section are subject to the same requirements as products offered in Appendix B. Respondents must provide detailed descriptions of any additional products and services being offered as a part of their proposals and Region 4 ESC reserves the right to reject any value add products or services which it deems to be unrelated to the scope of this RPP. t' Page 42 of 159 Page 391 of 1037 t #t � M �+ Nfld s ui N vj En Is s {v f � c CL ir ;it i}i1 � �',�tgilYatf y f =, y t r€ } fi ' ( I I _ 3 i a 1, ty is � t r h f� h at. 4t s1 r ,alt sil>t { Page 392 of 1037 low u CM (co ZO 0 `- Al a) 0 C . iCL c 0 OF cv r co L � a U CLW Page 393 of 1037 w 4coIlia i i Sli r s Sty t� u��tit�j t� �vi a �t \r Sn 3 w�q "Ol Sl S LILJ x �1 r a f!f E... Page 394 of 1037 LLJ h 4 12 0 0 . o ti co c vsC cy�D -2 h 6 CL I r C Page 395 of 1037 LJ.1' LAJ 02 t lj�i ;�S M 1t i. Stn}t{st, 4f i' i A 00 3 t IM, ti a i Y fii tr4 fD ft "tits CD els E Page 396 of 1037 LAIJ c CO 0 j 0 eN S `�£ CL + i I Co s r m C1 C .., * cq c LU .-a c as Page 397 of 1037 W ARV co I t 4� 1l P �l p t 1<< Y CD y; tlrS \ 9,�ffi y ED C. WO {� y r Page 398 of 1037 SCOTSMAN Caf6 Pockages You want your modular space solution to be work ready but also a place to grab a cup of Vit,N .:. F coffee, keep your lunch cool or warm up those leftovers, `4 Our caf6 packages save you , time and money by covering the important details that turn a temporary solution into a comfortable work place �4 tear C66 Packages Include Folding Table utility Table Coffee Pot(1 2 cup) ITT11 Keurig Mini Frige Full Refrigerator s Microwave Convenience Starter Kit 23 Gallon Trash Can Pockoges We offer combinations of the items shown on the front to create the "cafe"' solution best suited for your needs. Whether you choose the Basic, premium or Executive package you'll sane up to 30% in casts and 100% in time, OF y . 1�\1' I i � t ti Choose from our Basic or Executive options ars save up to 0% in casts and 100% in time! CAFE PACKAGES Basic Executive • I Folding Table t Utility Table(5 ft.) • I Mini-Fridge + I Fta1f Refrsperdor • f Coffee Pot(12 cup) I Coffee Peat(12 clap) • I Microwave + I KeUrig •Convenience Sutter Kit * I Microwave I Z3 Callon Trash Can • Convenience Starter fit • 1 23 Gallen Trash Can a a�q i� SCOTSMAN Plonning Pockoge An AL,GE'CO SCOTSMAN CnenpAny No matter what Williams Scotsman modular space solution you choose, our 360' Service provides the ultimate convenience. Our � 8 planning package saves you time and money by covering the important details that tura stn 4� a temporary solution into a comfortable work place. j ,l Our Planning Package Includes e r a Planning Table Planning flack 7. 3�TiFvw x� r,� t �--.rem.•. � 3a,�� S,)1 � ?s t r I 50 x 12 moble 4=4ovt dcptrlod fncdudu f prannmg poc ge,ANS godude s v butw 4 puc4e and 2 beast gTices packogcs. emu= SCOTSMAN Workstotion Pockoain(� An.ALGEco SCOTSMAN!'...Gu:npany Multiple desks in one area®or a desk — 4 that musk share the same space with other work areas—typically do not allow t much privacy to the person sitting at that desk.Cube walls can provide a buffer but they sometimes create an overall closed, r = cramped atmosphere, Our workstation packages give you a level of privacy and ? 4 p Y p � y , modesty but still maintain an open,com- fortable environment while conveniently = placed wire channels help keep your work r � 3 stations neat and tidy. 0'�lil4¢riS Our Workstation Packages Include I - F1 11 Desk "L"Desk Managers Chair Executive CII FtQor fiat 0 f l barge Privacy Shield Squared Privacy Shield funded Privacy Shield Modesty Shield ry r a Pedestal Trash Can Bawer Strip Office Supply Starter Kit 'Package interded fm open¢rens- Pie] i Pockages As part of our 360' Service, we offer convenient workstation packages that save you time and money by outfitting Your space with everything you need to be ready to work. Moose from our Basic, Premium or Executive options and save yap to 0% In costs and 100% in time! Basic Premium Executive ■ Single Desk "L"Desk 1"Desk * Managers Chair - Managers Chair • Executive Chair Floor Mat , Floor Mat • Floor Mat - 28gt Tush Can * 28gt Trash Gan , 28gt Trash Can - Power Strip - Power Strip , Power Strip - 1 60"Large Privacy Shields - 1 Pedestal Piling Cabinet - 2 Pedestal Filing Cabinet * 2 30"Rounded Privacy Shields - 2 60"Large Privacy Shields * 2 60"Large Privacy Shields * 1 60'Modesty Shield * 130"Rounded'Privacy Shield * 130'Rounded Privacy Shield • 1 30"Squared Privacy Shield * 1 30"Squared Privacy Shield 1 30"Modesty'Shield Vii.Cap Piece . 130"Modesty Shield&Gap Piece 1 60"Modesty Shield -2 60'Modesty Shield Office Supply Starter Cit -Office Supply Starter lit d *�ckp�anter far fin...gas. I' ! r rr• AM-ndix H., ADDITIONAL REQUIRED DOCUMENTS DOC#1 Clean Air and Water Act DOC#2 Dabarment Notice DOC#3 Lobbying Certification DOC#4 Contractors Requirements DOC#5 Antitrust Certification Statement DOC W6 Certification of Interested Parties FOR VENDORS INTENDING TO DO BUSINESS IN NEW JERSEY, DOC #7 Ownership Disclosure Form DOC #8 Non-Collusion Affidavit DCC,#9 Affirmative Action Affidavit COC 10 Political Contribution Disclosure Form DOC#11 Stockholder Disclosure Form New Jersey vendors are also required to comply with the following New Jersey statutes when applicable. All anti-discrimination laws, including those,contained in N-J-S.A. 10:2-1 through N.J.S-A. 102-14, N.J.S.A. 10.-54, and N.J.S.A. 10:5-31 through 10,5-38. Compliance with Prevailing Wage Act, N,J.S.A. 34;11-56.25, for all contracts within the contemplation of the Act. Compliance with Public Works Contractor R,4stratjon Act, N.J.&K 34:11-66-26 Bid and Performance Security, as required by the applicable municipal or state statutes.. Page 44 of 159 Page 404 of 1037 DOC 91 Clean Air and WaterAct 1, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. 0, 1857 (h), Section 508 of the Clean Water Act, as amended (33 U�&C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 GFR Part 15 as required under OMB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. Potential Vendor: WILLIAMS SCOTSMAN, GI Title of Authorized Representative: North Arner[ca Real jEatate M,—a,n,ag,9r tailing Address., Suite 600, 901 South and Street, Baltimore, MID 21231-3357 21 Signature: Page 45 of 159 Page 405 of 1037 DOC #2 Debarment Notice I, the Vendor, certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension', as described in the Federal Register and Rules and Regulations. Potential ' nor WILLIAMS SCOTSMAN„ INC. Title of Authorized Representative: forth America Reel Estate Manager_ Mailing Address: Suite 600 90 outh Bond Street, Baltimore, MD 21231-3357 Signature: 69 t' Page 46 of 159 Page 406 of 1037 DOC#3 LOBBYING CERTIFICATION Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title 31, U.S. Code. This certification is a materialrepresentation of fact upon which reliance was placed when this transaction was rade or entered into. Any person who fails to file the required certification .shall be subject to civil penalty of not less than $10,OGO and not more than $100,000 for each such failure, The undersigned certifies, to the hest of hisiher knowledge and belief, that: 1. No Federal appropriated funds have, been paid or will be paid on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loin, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement, . if any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection ^with this Federal contract or cooperative agreement, the undersigned shall complete and submit Standard Fora LLL, "Disclosure of Lobbying Activities," in accordance with its instructions, . The undersigned shall r uire that the language of this certification be included in the award documents for all covered sub-aviards exceeding $100,000 in federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. March 8, 201 Signature JVRespondent, Gate { Page 47 of 159Page 407 of 1037 DOC 44 CONTRACTOR CERTIFICATION REQUIREMENTS Contractor's Employment Eligibility By entering the contrad, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations., The Contractor further warrants that it is in compliance with the various state statues of the states itis will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of'the Contractor, All costs necessary to verify compliance are the responsibility of the Contractor. The offeror complies and maintains compliance with the appropriate statutes which requires compliance wAfith federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the Region 4 ESC Participating entities in which work is being performed. Fingerprint and Background Checks If required to provide services on school district property at least five (6) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service,. Alternately, the school distdct may fingerprint those persons or employees.An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district, Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District, The offeror-shall comply.with fingerprinting requirements in accordance vAth appropriate,statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed', Business Operations in Sudan, Iran In accordance with A,R.&35-391 and AR.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. 1-7 Signaturejo Respondent March 8, 2016 Date Page 48 of 159 Page 408 of 1037 DOC #5 ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code § 2156.005) 1 affirm under penalty of perjury of the laws of the State of Texas that: 1. 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; 2, In connection Mth this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; 3, In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law,, and 4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual, engaged) in the same line of business as the Company, Vendor WILLIAMS SCOTS MANJNC. Offeror Signatur Qouglss 0. Robinson Printed Name Suite 6,00, 901 S�outh Bond Street North America Real Estate Manager Address Position with Company Baltimore, M,D 21231-3357 Authorizing Official Signature Phone 800-782-150,0 Donald K Walker Fax Printed Name Manager, ontracts Dt22ftrnent Position with Company Page 49 of 159 Page 409 of 1037 DOC #6 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete OFFICEUSEONLY Nos. 1, 2, 3, 5. and 6 if there are no interested parties. Name ofibosiness entity filing,form,aMll the city,State and 0000trV of the business entity's place of burs i nets. W I LL 1 AM 8 SCOTSMAN, 11 N C. Suite 600, 901 South Bond Street, Baltimore, MD 21231-3357, USA Name of governmental entity or state agency that is a party to the contract for which the form is being filed., None Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract None 4 City,State,Country (place Nature of Interest(check applicable), Name of Interested Party of business) Controlling Intermediary 6 Check only if there is No Interested Party, I swear, or aff1m, urderr penalty of pedury, that the above dl=to is true and oofrect- KAREN L BAKER My Commission Expires lltja"Ogxz� 0, September 206 2016 Signature of kuffiorized agent of contracting business entity AFFiX NOTARY STAMP I SEAL ABOVE F-worn tc and subscribed before me,by he said 06kYK 49- Ko 4(0'1JS0t4 thii, th ay --C46w 20 _to cortify wh[ch,wflness my hand and seal Bal'office. J, -I SidnAura of ctfi-cer BdMinigterirlp oath Printert name of officar udministering oath Title of officer ori vilistering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Eth"Commission www.eth1&&state.tx.us Page 50 0"gd 10e2015 Page 410 of 1037 Williams Scotsman, Inc.: N)A— Not Proposing New Jersey DOC #7 OWNERSHIP DISCLOSURE FORM (N.J. , 52:26-24.2), Pursuant to the requirements,of P,L- 1999, Chapter440 effective April 17, 2000(Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent(10%) or more of the firm presenting the proposal. Company Name: Street: City, State, Zip Code: Complete as appropriate: certify that I am the sole owner of that there are no partners and the business is not incorporated, and the provisions of N J�S, 57-25-24-2 do not apply. OR: 1 -.1-1--1.1 a partner in do hereby certify that the foffowing is a list of all individual partners who own a 10% or greater interest therein. I further certily that if one (1)or more of the partners is itself a corporation or partner-ship, there is also set forfh the names and addresses of the stockholders holding 10% or more of that corporation's stock or the individual partners owning 10% or greater interest in that partnership, OR: an authorized representative of a corporation, do hereby certify that the following is a list I of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. further certify that if one (f) or more of such stockholders is itself a corporation or partnership, that there is also set,forth the names and addresses of the stockholders holding 10%or more of the corporation's stock or the individual partners owning a 10% or greater interest in that,partnership. (Note: If there are no,p2 rtners car`stoc k h olders own i ng 10% or more interest, in d 1 cate none. , Name Address Interest I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Data Authorized Signature and Title Page 51 of 159 Page 411 of 1037 Williams Sootsman, lite.: N)A— Not Proposing New Jersey DOC#8 NON-COLLUSION AFFID"IT Company Name: Street: City, State, Zip Code: State of Now Jersey County of of the Name City in the County of State of of full age, being duly sworn according to law nn my oath depose and say that., am the of the firma of Me Company Name the offeror making the Proposal for the goods, services orpublic work specified under the affachod' proposal, and that I executed the said proposal with full authority to do so;that said offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any adion in restraint of ftee, competitive bidding in connection with, the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge, that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavil,in awarding the contract for the said goods, services or public work I further warrant that,no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial orselfing agencies maintained by Company Name Authorized Signature & Title Subscribed and sero m before me this day of 120— Notary Public of My commission expires 20 SEAL Page 52 of 159 Page 412 of 1037 Williams Scotsman, Inc.: NIA—Not Proposing New Jersey DOC#9 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, CA 27) Company Name: street. City, State, Zip Code: PMRosal Certificationo indicate below your compliance,with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this firne. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met, Required Affirmative Action, Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit w props al; 1. A photocopy of their Federal Letter of Affirmative Action-Plan-Approval OR 2. A photo copy of their Certificate of Emgloyge Information Report OR 3, A. complete Affirmative Action Employee Intbrmation Report AA302) Public Work,—,Over S50 ,0,00 Total Proect Cost: A- No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form 01-A upon receipt from the B. Approved Federal or New Jersey Plan —certificate enclosed I furthvr certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief Date Authorized Sigr7ature and Title Page 53 of 159 Page 413 of 1037 Williams Scotsman Inc.: NIA trot Proposing New Mersey P.L. 1995, ice. 127 .J A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT. PROFESSIONAL AND SERVICE, CONTRACTS During the performance of this contract, the contractor agrees as follows The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sexy aflectional or sexual orientation. The contractor will take affirmativIe action to ensure that such applicants are recruited and employed, and that employees are treated, during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the foll'owing employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; raters of pay or ether forms of compensations and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, inhere applicable will, in; all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affecticnal or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or ,understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractors commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c,. 127, as amended and supplemented from time to time and the Americans with D1sabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N. .A. . 1727-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C_127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative .Action Office pursuant to N.J.A.017.27-5,2 promulgated by the Treasurer pursuant to l ..L 1976, C,127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in vw 6ting appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex,, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-relatedtesting, as established by the Page 54 of 159 Page 414 of 1037 Williams Scotsman, Inc.: NIA— Not Proposing New Jersey statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees, to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure That all suoh actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes- of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). Signature of Procurement Agent Page 55 of 159 Page 415 of 1037 Williams Scotsman, Inc.: MA— loot Proposing New Mersey ._ DOC*10 C. 271 POLITICAL CONTRIBUTION DISCLOSURE, FO Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure fonds with the agency.. It is not intended to to provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A®20.26(P.L. 2006, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (www.nl.govidoa/ig,51[fns/ifnmeno,sht,mi). 1 The disclosure is required for all contracts in excess of$17,500 that are not awarded pursuant to a. "fair and ripen" processIrl( .IN . 19:44A-213.7) Clue to the potential length of some contractor submissions,the public agency should consider allowing data to be submitted in electronic forret Le,, spreadsheet, pdf file, etc.). Submissions rust be kept with the contract documents or in an appropriate computer file and be available for public amass. The form is worded to accept this alternate submission. The teat should be amended if electronic submission Will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on Bele. 4. The contractor must disclose contributions made to candidate and party committees covering wide range of public agencies, including all public agencies that have elected officials in the county, of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure fors for each county. They can be downloaded from the "County PCD Forms" link on the Pay-to-Flag web site at .ni. ov/dcaA s1p2 . They Will be updated from time-to-time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s), As the farms are county-based, they list all legislative districts in each county, Districts that dry not represent the public agency should be removed from the lists. G. Some contractors may find it easierto provide a single list that cowers all contributions, regardless of the county. These submissions are appropriate and should be accepted, , The Rarer may be used gas-iso', subject to edits as described herein. e. The "Contractor Instructions" sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The forret notes that the Instructions are printed on the back of the form; where that is not the case, the team should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download an web sites, used as an e-remail attachment, or provided as a printed document. . It is recommended that the contractor also complete a "Stockholder Disclosure Certification." This will assist the local unit in its obligation to ensure that contractor did not remake any prohibited contributions to the committees listedon the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section %s not applicable to Boards of Education. Page 56 of 159 Page 416 of 1037 Williams Scotsman, Inc. NIA— Not Proposing New Jersey C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a"fair and opera" process (defined at NJ.&A. 19:44A-20.7) are subject to the provisions of P1, 2005, c, 271„ s. N.,J. .A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose:coritdbufions is any State, county, or municipal committee of a political party any legislative leadership committee* any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for, or holder of, an elective cffice: o sof the public entity awarding the contract of that county in which that public entity is located of another public entity within that county * or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed 3300 per election cycle that were made during the 12 months prior to award of the contract.. See N.J. .A.. 19:44A- and 19:44A-16 for more details on reportable contributions. N.Jm vA. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This inciudes the following: • individuals �Mjth an "interest' ownership or control of more than 10% of the profile or assets of a business entity or 10 of the stock in the case of.a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity ■ IIS Code Section 527 New,Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees (PACs),. `tTlt"hen the business entity is a natural person, 'a contribution by than persona's spouse or child, residing therewith, shall be deemed for be a contribution by the business entity.' N� J. .A., 19:44A-20,26(b)] The contributor tritest be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount than the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor's responsibility to identify the specific committees to which contributions may have been made and need to be disclosed, The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic plata file containing the required details (along with a signed cover sheet) mai' be used as the contractor'ssubmission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification, This will assist the agency in meeting its:obligations under the law. NOTE: This section dues not apply to Board of Education contracts. N.J�§~& 19.44A-3(s): "The term "legislative leadership committee" means a committee established, authorized'to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.95 (C.1 9A4A-1,0.1)for the purpose of receiving contributions and making expenditures." Page 67 of 159 Page 417 of 1037 Williams Scotsman, Inc.: N)A- Not Proposing New Jersey C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required. Pursuant To N.J.S.A- 19,44A-20,26 This form or its permitted facsimile must be submifted to the local unit no later than 10 days prior to the award of the contract. Part I -Vendor Information Vendor Name: Address: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19A4A-20.26 and as represented by the Instructions acco m pa nyi ng this fo rm. Signature Printed Name Title Part It- Contribution Disclosure, Disclosure requirement: Pursuant to N.J.S.A. 19:44,A-2,0.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Check here if disclosure is provided in electronic form. Contributor Name Recipient Name te Dollar Amouat E] Check here if the information is continued on subsequent page(s) Page 58 of 159 Page 418 of 1037 Williamscotsman, lnc.:: NI - Not Proposing Now Jersey Coifinuabon Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant uant To N-J., .A-- 19-44A-20.26 Page of Vendor Name: Contributor Name Recipient Name Date Doltar Amount Check, Frere if the information is continued on subsequent page(s) Page 59 of 159 Page 419 of 1037 Williams Scotsman, Inc.: WA- Not Proposing Now Jersey List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19.44A-20.26 County Name: State. Governor, and Legislative Leadership Committees Legislative District#s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff (County Executive) Surrogate Municipalities (Mayor and members of governing body, regardless of fitle): Ime USERS SHOULD CREATE THEIR OWN FORME OR DOWNLOAJD ', FROM WWW.N3.G0VjDCAjLGSjF`2lP A COUNTY-BASEVr CUSTOMIZABLE FORM. Page 60 of 159 Page 420 of 1037 Williams Scotsman, Inc.: NIA— Not Proposing Now Jersey DOC#11 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: 0 1 certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the uodersigned- OR 13 1 certify that no ane stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: 13Partnership Corporation U,ole Proprietorship [Ximited Partnership [Ximited Liability Corporation "UmaLimited. Liability Partnership 138ubchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address- Home Address: Name: Na re: Home AddressP Home Address: Name: Name: Home Address- Home Address: Page 61 Of 159 Page 421 of 1037 Williams Scotsman, Inc.: NIA— Not Proposing New Jersey Subscribed and sworn before me this day of .-I'll -,2, (giant) (Notary Public) (Print name&title of affiant) My CommissiGn expires: Page 62 of 159 Page 422 of 1037 r _ - ,r war 1111@91, 111T.-Volm • _ r ► ` ` !4 Pill ` 0 ACKNOWLEDGMENT AND ACCEPTANCE OF REGION 4 ESCESCs OPEN RECORDS POLICY Signature below certifies complete acceptance of Region 4 'SC's Opera Record's Policy, except as noted below(additional pages may be attached, if necessary). Check one of the following Spon es to the Acknowledgment and Acceptance of Region 4 E 's Open Records Policy below: We acknowledge Region 4 E 's Open Records Poly and declare that no information submitted with this proposal, or any park of our proposal, is exempt from disclosure under the Public Information Act;. (Note.All information believed to be a trade secret or proprietary must be listed below: It is further understood that failure to identt l such information, in strict accordance with the instructions below, will result in that information being considered pbli information and released, if requested under the Public Information,Rote) We declare the following information to be a trade secret or proprietary and exempt from disclosure Underthe Public Information Act. (Note.- Offeror must specify page-by-page and Pirie-bv-line the parts of the response, which it believes, are exempt lir addition, Otferormust specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s)- 'tic information contained within: Tab 1 WS Standard tease and Sale Agreements Tab 1. Proposal Clarifications Tab 3. Company Profile in its entirety Tab 4, Approach to o*(Sample; Work Plans, Resumes and Subcontract Plans Tab 5. References in its entirety Tab 6 Pricing in its entirety of the Wil Proposal Response Is considered the exclusive and proprietary propel ofVVS1 because f the content. Any copying,disclosure or distribution of any part of this information is strictly prohibited without t prior written permission from '+ S1. See attached reasoning to follow. arch 9, 2016 .. Date Authori d ar natur : & Title North America Real Estate Manager Pae 4 of 159 Page 424 of 1037 d Mid rd W273M Mi : Ful s I IN I Williams Scotsman,Inc. Your Williams Scotsman Representative Contract Number:888903 375 Kelly Drive Kenneth Dorsch Revision: 3 West Palm Beach, FL 33411 Phone: (954)406-9139 Ext. Date:June 08,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 Lease Agreement Lessee:2108728 Contact: Ship To Address: City Of Boynton Beach Andrew Mack 115 North Federal Highway Po Box 310 100 East Boynton Beach Blvd Po Box 310 100 East Boynton Beach Blvd BOYNTON BEACH, FL, 33435 Boynton Beach, Florida,33425-0310 Boynton Beach, FL,33425-0310 Phone:(561)742-6201 Fax: Delivery Date(on or about): 7/24/2018 E-mail:macka@bbfl.us Rental Pricing Per Month Quantity Price Extended 60x24 Modular(56x24 Box) Unit Number: 1 $965.00 $965.00 Minimum Lease Term: 12 Months Total Monthly Building Charges: $965.00 Other Monthly Charges: $0.00 Total Rental Charges Per Month: $965.00 Delivery&Installation HVAC Filters 36 $6.25 $225.00 Block and Level 1 $2,974.71 $2,974.71 Delivery Freight 2 $392.48 $784.96 Total Delivery&Installation Charges: $3,984.67 Final Return Charges* Teardown 1 $1,885.05 $1,885.05 Return Freight 2 $392.48 $784.96 Due On Final Invoice*: $2,670.01 Total Charges Including(12)Month Rental,Delivery,Installation&Return**: $18,234.68 Summary of Charges Model: SM6024 QUANTITY: 1 Total Charges for(1)Building(s): 1$18,234.68 Additional Services: For your convenience,we also recommend the following items(not included in this Agreement) BY INITIALING BELOW,Lessee:HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S)IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT. Initial Recommended Items Billing Frequency Qty Price Extended Prop Damage Waiver(11/12) Monthly 2 $85.00 $170.00 General Liability-Allen Insurance Monthly 1 $22.00 $22.00 Skirting(L)-Vinyl LF Initial 160 $8.93 $1,428.80 Skirting Removal-Vinyl LF Final 160 $2.00 $320.00 Skirting(M)-Vinyl LF Initial 160 $6.07 $971.20 Window/Door Security Bundle-40+ Monthly 1 $40.00 $40.00 Page 426 of 1037 Williams Scotsman,Inc. Your Williams Scotsman Representative Contract Number:888903 375 Kelly Drive Kenneth Dorsch Revision: 3 West Palm Beach, FL 33411 Phone: (954)406-9139 Ext. Date:June 08,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 Lease Agreement Lessee:2108728 Contact: Ship To Address: City Of Boynton Beach Andrew Mack 115 North Federal Highway Po Box 310 100 East Boynton Beach Blvd Po Box 310 100 East Boynton Beach Blvd BOYNTON BEACH, FL, 33435 Boynton Beach, Florida,33425-0310 Boynton Beach, FL,33425-0310 Phone:(561)742-6201 Fax: Delivery Date(on or about): E-mail:macka@bbfl.us Rental Pricing Per Month Quantity Price Extended Total Monthly Building Charges: $0.00 Other Monthly Charges: $127.00 Total Rental Charges Per Month: $127.00 Delivery&Installation Total Delivery&Installation Charges: $0.00 Final Return Charges* Due On Final Invoice*: $0.00 $0.00 Summary of Charges QUANTITY: 1 Total Charges for(1)Building(s): $0.00 Additional Services: For your convenience,we also recommend the following items(not included in this Agreement) BY INITIALING BELOW,Lessee:HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S)IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT. Initial Recommended Items Billing Frequency Qty Price Extended 20x8 Container Monthly 1 $82.00 $82.00 Delivery-20 Container Initial 1 $212.67 $212.67 Return-20 Container Final 1 $212.67 $212.67 Prop Damage Waiver(CT) Monthly 1 $18.00 $18.00 Container lock-Rental Monthly 1 $6.00 $6.00 General Liability-Allen Insurance Monthly 1 $22.00 $22.00 Page 427 of 1037 Williams Scotsman, Inc. Your Williams Scotsman Representative Contract Number:888903 'sits I �i�19i'iP si�rIV� y'111�u I �� W 375 Kelly Drive Kenneth Dorsch Revision: 3 West Palm Beach, FL 33411 Phone:(954)406-9139 Ext. Date:June 08,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 INSURANCE REQUIREMENTS ADDENDUM QTY PRODUCT EQUIPMENT VALUE/BUILDING DEDUCTIBLE PER UNIT 1 SM6024 $65103.00 $4000.00 1 CT208 $3600.00 $300.00 Lessee:Boynton Beach, City Of Pursuant to Section 13 of the Williams Scotsman Lease Agreement and its Terms and Conditions("Agreement"),a Lessee is obligated to provide insurance to Williams Scotsman, Inc.("Lessor")with the following insurance coverage: 1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use,maintenance,or possession of the Equipment.Such insurance shall be in an amount not less than $1,000,000 per occurrence,naming the Lessor as Additional Insured and Loss Payee. 2. Commercial Property Insurance:covering all losses or damage,in an amount equal to 100%of the Equipment Value set forth in the Lease providing protection against perils included within the classification and special extended perils(all"risk"insurance),naming the Lessor as Additional Insured and Loss Payee. Commercial General Liability Insurance Lessee is providing Commercial General Liability Insurance in accordance with the requirements set forth Section 13 of the Lease and will provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. Commercial Property Insurance Lessee:is providing Commercial Property Insurance in accordance with the requirements set forth Section 13 of the Lease and will provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee:fails to deliver the required certificate of insurance, Lessee:understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. By signing below,the Lessee:agrees to the terms and conditions stated herein. All other Terms and Conditions of the Agreement shall remain the same and in full force and effect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the other party on this Addendum. Any such signature shall be treated as an original signature for all purposes. Otherwise,if elected on preceeding pages: Commercial General Liability Insurance Lessee:elects to participate in the Commercial General Liability Insurance Program,whereby Lessee:will receive insurance coverage through American Southern Insurance Company("Insurer")and administered by Allen Insurance Group("Agent"). The Lessee:acknowledges and agrees that the policy issued by the Insurer is a third party liability policy that covers those amounts that Lessee is legally obligated to pay due to bodily insurance and property damage arising from the proper use and occupancy of Equipment leased from Williams Scotsman up to the policy limits. Coverage is subject to underwriting and specific terms and conditions set forth in the policy. An outline of cover is available upon request. By signing below, Lessee:understands and agrees that the Lessor is not providing the insurance coverage and serves only as a billing agent for the Insurer and its Agent; and,accordingly,it assumes no liability therefore. Signature of Lessee: Print Name: Date: Damage Waiver Program Lessee:elects to participate in the Lessor's Damage Waiver Program. Lessee:understands and agrees that under this program,the Lessor waives,for a fee, Lessee:'s obligation to carry Commercial Property Insurance and Lessee:'s liability to Lessor for repair or replacement of the modular units leased from Williams Scotsman resulting from loss or damage as specified in Section 12 of the Lease. Lessee:remains liable to Williams Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific details on coverage,exclusions and restrictions on coverage. The Property Damage Waiver is not and shall not constitute a contract for insurance. Signature of Lessee: Print Name: Date: Page 428 of 1037 ® Williams Scotsman,Inc. Your Williams Scotsman Representative Contract Number:888903 375 Kelly Drive Kenneth Dorsch Revision:3 West Palm Beach,FL 33411 Phone:(954)406-9139 Ext. Date:June 08,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 Clarifications *Final Return Charges are estimated and will be charged at Lessor's market rate at time of return for any Lease Term greater than twelve(12) months. **All prices exclude applicable taxes. All Lessees and Leases are subject to credit review. In addition to the stated prices,customer shall pay any local,state or provincial,federal and/or personal property tax or fees related to the equipment identified above("Equipment"),its value or its use. Lessee acknowledges that upon delivery of the Equipment,this Agreement may be updated with the actual serial number(s),delivery date(s), lock serial number(s),etc,if necessary and Lessee will be supplied a copy of the updated information.Prices exclude taxes,licenses,permit fees,utility connection charges,site preparation and permitting which is the sole responsibility of Lessee,unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise affect delivery,installation,dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional charges,as applicable.Physical Damage&Commercial Liability insurance coverage is required beginning on the date of delivery. Lessor is not responsible for changes required by code or building inspectors.Pricing is valid for thirty(30) days. Please note the following important billing terms: • In addition to the first month rental and initial charges,last month rent for building,other monthly rentals/service(excluding last month for General Liability Insurance and Property Damage Waivers),will be billed on the initial invoice. Any amounts prepaid to Williams Scotsman will be credited on the final invoice. • Invoices are due on receipt,with a twenty(20)day grace period. Interest will be applied to all past due amounts. • Invoices are due on receipt,with a twenty(20)day grace period. Late fees will be applied to all past due amounts. • Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee,charged on the next invoice following payment by check. • Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or use BillTrust. Invoices sent standard mail are subject to a paper invoice fee,charged on the following invoice. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added Products(as such items are defined in Lessor's General Terms&Conditions)selected by Lessee as set forth in this Agreement. All such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the"Equipment". By its signature below,Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms&Conditions(08-01-15)located on Lessor's internet site(http://www.wiliscot.com/support/terms-conditions)in their entirety,which are incorporated herein by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with a copy of the General Terms&Conditions upon written request,Lessee should print copies of this Agreement and General Terms&Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature,digital,or electronic signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. Invoicing Options (select one) [ ]Paperless Invoicing Option [ ]Standard Mail Option Williams Scotsman prefers electronic invoicing,an efficient,convenient Customer prefers to receive paper invoice via mail. Fees may apply. and environmentally friendly process. To avoid fees,provide us with the Invoices will be mailed to: proper email address for your invoices. Po Box 310 100 East Boynton Beach Blvd A/P Email: Boynton Beach Florida 33425-0310 A/P Email on File: Enter a new billing address: Signatures Lessee:: City Of Boynton Beach Lessor: Williams Scotsman,Inc. Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: PO# PLEASE RETURN SIGNED AGREEMENT TO: Page 429 of 1037 Williams Scotsman,Inc. Your Williams Scotsman Representative Contract Number:892065 375 Kelly Drive Kenneth Dorsch Revision: 5 West Palm Beach, FL 33411 Phone: (954)406-9139 Ext. Date:June 15,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 Lease Agreement Lessee:2108728 Contact: Ship To Address: City Of Boynton Beach Andrew Mack 115 North Federal Highway Church Parking Lot Po Box 310 100 East Boynton Beach Blvd Po Box 310 100 East Boynton Beach Blvd BOYNTON BEACH, FL, 33435 Boynton Beach, Florida,33425-0310 Boynton Beach, FL,33425-0310 Phone:(561)742-6201 Fax: Delivery Date(on or about): 7/16/2018 E-mail:macka@bbfl.us Rental Pricing Per Month Quantity Price Extended 60x48 Modular(56x48 Box) Unit Number: 1 $2,200.00 $2,200.00 ADA/IBC Stair-Rental 1 $30.00 $30.00 Minimum Lease Term: 18 Months Total Monthly Building Charges: $2,200.00 Other Monthly Charges: $30.00 Total Rental Charges Per Month: $2,230.00 Delivery&Installation HVAC Filters 76 $5.00 $380.00 Tiedowns into dirt 18 $77.33 $1,391.94 Block and Level 1 $5,931.16 $5,931.16 Delivery Freight 4 $392.48 $1,569.92 Teardown 1 $4,485.13 $4,485.13 Return Freight 4 $392.48 $1,569.92 Total Delivery&Installation Charges: $15,328.07 Final Return Charges* Tiedown-Dirt Removal 18 $20.25 $364.50 Due On Final Invoice*: $364.50 Total Charges Including(18)Month Rental,Delivery,Installation&Return**: $55,832.57 Summary of Charges Model: SM6048 QUANTITY: 1 Total Charges for(1)Building(s): 1$55,832.57 Additional Services: For your convenience,we also recommend the following items(not included in this Agreement) BY INITIALING BELOW,Lessee:HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S)IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT. Initial Recommended Items Billing Frequency Qty Price Extended Prop Damage Waiver(11/12) Monthly 4 $85.00 $340.00 General Liability-Allen Insurance Monthly 1 $40.00 $40.00 Skirting(L)-Vinyl LF Initial 208 $4.29 $892.32 Skirting Removal-Vinyl LF Final 208 $1.33 $276.64 Skirting(M)-Vinyl LF Initial 208 $3.27 $680.16 Page 430 of 1037 Williams Scotsman, Inc. Your Williams Scotsman Representative Contract Number:892065 'sits I �i�19i'iP si�rIV� y'111�u I �� W 375 Kelly Drive Kenneth Dorsch Revision: 5 West Palm Beach, FL 33411 Phone:(954)406-9139 Ext. Date:June 15,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 INSURANCE REQUIREMENTS ADDENDUM QTY PRODUCT EQUIPMENT VALUE/BUILDING DEDUCTIBLE PER UNIT 1 SM6048 $130205.00 $4000.00 Lessee:Boynton Beach, City Of Pursuant to Section 13 of the Williams Scotsman Lease Agreement and its Terms and Conditions("Agreement"),a Lessee is obligated to provide insurance to Williams Scotsman, Inc.("Lessor")with the following insurance coverage: 1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use,maintenance,or possession of the Equipment.Such insurance shall be in an amount not less than $1,000,000 per occurrence,naming the Lessor as Additional Insured and Loss Payee. 2. Commercial Property Insurance:covering all losses or damage,in an amount equal to 100%of the Equipment Value set forth in the Lease providing protection against perils included within the classification and special extended perils(all"risk"insurance),naming the Lessor as Additional Insured and Loss Payee. Commercial General Liability Insurance Lessee is providing Commercial General Liability Insurance in accordance with the requirements set forth Section 13 of the Lease and will provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. Commercial Property Insurance Lessee:is providing Commercial Property Insurance in accordance with the requirements set forth Section 13 of the Lease and will provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee:fails to deliver the required certificate of insurance, Lessee:understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. By signing below,the Lessee:agrees to the terms and conditions stated herein. All other Terms and Conditions of the Agreement shall remain the same and in full force and effect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the other party on this Addendum. Any such signature shall be treated as an original signature for all purposes. Otherwise,if elected on preceeding pages: Commercial General Liability Insurance Lessee:elects to participate in the Commercial General Liability Insurance Program,whereby Lessee:will receive insurance coverage through American Southern Insurance Company("Insurer")and administered by Allen Insurance Group("Agent"). The Lessee:acknowledges and agrees that the policy issued by the Insurer is a third party liability policy that covers those amounts that Lessee is legally obligated to pay due to bodily insurance and property damage arising from the proper use and occupancy of Equipment leased from Williams Scotsman up to the policy limits. Coverage is subject to underwriting and specific terms and conditions set forth in the policy. An outline of cover is available upon request. By signing below, Lessee:understands and agrees that the Lessor is not providing the insurance coverage and serves only as a billing agent for the Insurer and its Agent; and,accordingly,it assumes no liability therefore. Signature of Lessee: Print Name: Date: Damage Waiver Program Lessee:elects to participate in the Lessor's Damage Waiver Program. Lessee:understands and agrees that under this program,the Lessor waives,for a fee, Lessee:'s obligation to carry Commercial Property Insurance and Lessee:'s liability to Lessor for repair or replacement of the modular units leased from Williams Scotsman resulting from loss or damage as specified in Section 12 of the Lease. Lessee:remains liable to Williams Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific details on coverage,exclusions and restrictions on coverage. The Property Damage Waiver is not and shall not constitute a contract for insurance. Signature of Lessee: Print Name: Date: Page 431 of 1037 ® Williams Scotsman,Inc. Your Williams Scotsman Representative Contract Number:892065 375 Kelly Drive Kenneth Dorsch Revision:5 West Palm Beach,FL 33411 Phone:(954)406-9139 Ext. Date:June 15,2018 SCOTSMAN Fax:954-406-9139 Email:kedorsch@willscot.com Toll Free:800-782-1500 Clarifications *Final Return Charges are estimated and will be charged at Lessor's market rate at time of return for any Lease Term greater than twelve(12) months. **All prices exclude applicable taxes. All Lessees and Leases are subject to credit review. In addition to the stated prices,customer shall pay any local,state or provincial,federal and/or personal property tax or fees related to the equipment identified above("Equipment"),its value or its use. Lessee acknowledges that upon delivery of the Equipment,this Agreement may be updated with the actual serial number(s),delivery date(s), lock serial number(s),etc,if necessary and Lessee will be supplied a copy of the updated information.Prices exclude taxes,licenses,permit fees,utility connection charges,site preparation and permitting which is the sole responsibility of Lessee,unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise affect delivery,installation,dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional charges,as applicable.Physical Damage&Commercial Liability insurance coverage is required beginning on the date of delivery. Lessor is not responsible for changes required by code or building inspectors.Pricing is valid for thirty(30) days. Please note the following important billing terms: • In addition to the first month rental and initial charges,last month rent for building,other monthly rentals/service(excluding last month for General Liability Insurance and Property Damage Waivers),will be billed on the initial invoice. Any amounts prepaid to Williams Scotsman will be credited on the final invoice. • Invoices are due on receipt,with a twenty(20)day grace period. Interest will be applied to all past due amounts. • Invoices are due on receipt,with a twenty(20)day grace period. Late fees will be applied to all past due amounts. • Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee,charged on the next invoice following payment by check. • Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or use BillTrust. Invoices sent standard mail are subject to a paper invoice fee,charged on the following invoice. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added Products(as such items are defined in Lessor's General Terms&Conditions)selected by Lessee as set forth in this Agreement. All such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the"Equipment". By its signature below,Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms&Conditions(08-01-15)located on Lessor's internet site(http://www.wiliscot.com/support/terms-conditions)in their entirety,which are incorporated herein by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with a copy of the General Terms&Conditions upon written request,Lessee should print copies of this Agreement and General Terms&Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature,digital,or electronic signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. Invoicing Options (select one) [ ]Paperless Invoicing Option [ ]Standard Mail Option Williams Scotsman prefers electronic invoicing,an efficient,convenient Customer prefers to receive paper invoice via mail. Fees may apply. and environmentally friendly process. To avoid fees,provide us with the Invoices will be mailed to: proper email address for your invoices. Po Box 310 100 East Boynton Beach Blvd A/P Email: Boynton Beach Florida 33425-0310 A/P Email on File: Enter a new billing address: Signatures Lessee:: City Of Boynton Beach Lessor: Williams Scotsman,Inc. Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: PO# PLEASE RETURN SIGNED AGREEMENT TO: Page 432 of 1037 WH,LIAMS SCOTSIVIAN,INC. of the Total Rental Charges Per Month for each thirty(30)days period of LEASE AGREEMENT delay, or portion thereof, until the Equipment is delivered. Payment by TERMS&CONDITIONS(08/01/2015) Lessee under this paragraph shall be due upon invoicing by Lessor and shall be in addition to any other rent, charges and fees due under this 1. Egy:ipmcnt; Modular Eguipirkent and Ancillary Products Lease Agreement. Fees assessed under this Section shall not affect Definitions. As used in this Lease Agreement, the following definitions commencernent of the Minimum Lease Term, shall apply: "Lease AgreemenV The "Lease Order Agreement" and these "Lease 5.Term of Lease-, Extension,Tire term of this Lease Agreement begins Agreement Terms and Conditions"along with any"Addenda"thereto on the date of delivery of the Equipment and ends on the last day of the together comprise the"Lease Agreement"between the parties. Minimum Lease Term ("Term") or the Extension Period (as herein "Modular Eguipment" shall mean the trailerts) and/or relocatable, defined).Lessee has no right to cancel or terminate this Lease prior to the modular,and/or other prefabricated structure(s)supplied by Lessor. Expiration of the'farm.Acceptance of Equipment returned to Lessor prior "Ancillan Products" shall mean the stairs; railings, ramps; awnings, to expiration of the Terin or any Extension Period thereof, does not fencing;furniture;kitchen equipment and food service supplies including constitute a release of Lessee's rental obligations. In the event Lessee terminates the Lease Agreement during die Terin,Lessee unconditionally consumables; restroom appurtenances and supplies; office products, computers, printers, monitors, scanners, and other telecornmunication agrees to pay a termination/cancellation fee equal to the remaining related devices; security systems; temporary alternative heat, electric and payment,for the unfulfilled Terni,any applicable charges for services or sanitary systems; convenience items; and any other ancillary products or modifications performed by Lessor to make the Equipment ready for services which are selected by Lessee and provided by Lessor which are Lessee's use, and any applicable charges related to Ancillary Products, offered for rental with,included in,attached or appurtenant to the Modular plus the Final Return Charges.At the end of the Term or Extension Period, Equipment,and set forth in this Lease Agreement. Lessee shall be responsible for any"Final Return Charges"as estimated in "E4 tai nf shall collectively mean the Modular Equipment and fire the Lease Order Agreement.Lessee understands and agrees that the Final g_.p ..R _ Ancillary Products provided to Lessee by Lessor under this Lease Return Charges stated in the Lease Order Agreement are,estimates only Agreement. and that Final Return Charges including,but not limited to,dismantle and return freight charges, will be charged at Lessor's then prevailing rate at 2.True Lease.This Lease Agreement is a true lease and not a sale.Lessee the time of surrender.Lessor has the right to require Lessee to prepay the shall not acquire ownership interest in the Equipment except as may relate rental for the last month and return freight and knockdown charges. Any to Lessee's purchase of Ancillary Products which are covered by a amounts prepaid by Lessee for rent or estimated return freight and separate, executed sale agreement and/or items which are recognized as knockdown shall be applied as a credit to Lessee's final invoice once final clearly for finite consumption (ex.. kitchen, restroom, and/or office charges are deternfined by Lessor. At the end of the Term, this I-ease supplies). The Equipment shall remain the sole personal, property of Agreement is automatically extended on a month-to-month basis on the Lessor even though the Equipment may become affixed to,embedded in, same terins and conditions until the Equipment is returned to Lessor(the or be permanently resting upon real property, "Extension Period");except that Lessee's rental rate shall be automatically adjusted to Lessors then prevailing renewal rental rate.At the end of the 3.Commitment of Resources. By signing this Lease Agreement,Lessee Term, Lessor has the right,upon notice to Lessee, to change or increase authorizes Lessor to proceed with the order for the Equipment. It is any other fee due and payable under the Lease Agreement.After the end understood and agreed upon between the parties that Lessor,in reliance on of the Term,either party can terminate this.Lease Agreement on thirty(30) the promises of Lessee contained herein, may be specially ordering, days written notice. reserving,altering,remodeling and/or modifying the Equipment described in this Lease Agreement based on information supplied to Lessor by 6.Site Suitability;Inspection.Lessee shall choose a firm,level site with Lessee. Lessee understands that the Modular Equipment may not be minimum soil bearing pressure in the appropriate pounds per square foot standard, readily re-leasable product and/or Lessor may have lost other ("PSF")as determined by and in compliance with all local statutes,rules, rental opportunities in allocating the Modular Equipment for Lessee's use ordinances, laws, building codes and regulations in the jurisdiction in and, as a result, Lessor is incurring extraordinary costs and expenses in which the Equipment will be located,and no more than a one inch per ten proceeding with Lessee's order for this Modular Equipment. feet slope from one end to the other that is easily accessible by Lessors Notwithstanding anything contained in this Lease Agreement to the standard truck/delivery equipment to locate the Modular Equipment and contrary, in the event Lessee terminates this Lease Agreement or those Ancillary Products which are set upon/installed on the site. Lessee wrongfully rejects Equipment prior to the commencement of the Minimum represents and warrants that the site is not a fortner landfill and Lessee has Lease Term,Lessee shall be responsible for the payment to Lessor of a) advised Lessor of any issues relating to the ,its or sell conditions which the costs incurred by Lessor for labor,materials and work executed up to may impact the installation or settlement of the Equipment. Lessee shall Lessor's receipt of written notice of termination;b)storage related charges own such site and/or have express legal authorization to locate the attributable to failed delivery;c)rent for the Minimum Lease Terim and d) Equipment upon that same site.Lessee warrants and represents that it has reasonable overhead and profit.All such charges will be billed on a lump exercised due diligence and care in the selection of the location it has sum basis unless other payment options are agreed by the Lessor. designated for the placing of the Equipment, atid further agrees to give directions and supervise the placement of such Equipment. Lessor 4.LD!etlni]vMerEy,-LAAeLScLeptance,.Delay.Upon delivery,Lessee agrees to inspect assumes no liability nor offers any warranty for the fitness, adequacy of and accept the Equipment. Lessee will have forty-eight (48) hours from Lessee's site or utilities available at the site. Lessee is solely responsible the date of delivery to notify Lessor, in writing of any defects or for the site selection and subsurface conditions, including compaction, deficiencies in the Equipment. Such notice shall specify each defect or determining and complying with appropriate PF, and environmental deficiency in the Equipment.Unless Lessor receives timely,written notice conditions. Unless otherwise agreed to in writing by Lessor, Lessee is from Lessee as set forth herein,Lessee is deemed to accept the Equipment responsible for verifying the presence or absence of any underground and acknowledges that the Equipment is in good order and operating utilities in the designated site location. Prices for delivery, installation, condition as of the date of delivery. Acceptance of the Equipment shall teardown, return delivery and other "one-time' charges, due dates for constitute Lessee's acceptance of this Lease Agreement. In the event delivery or installation of Equipment,demobilization and return delivery delivery of the Equipment is delayed, through no fault of Lessor, for a assume accuracy of the information given to Lessor by Lessee with period of more than thirty(30)days from the delivery date set forth in the respect to site conditions and are subject to adjustment to the extent that Lease Order Agreement (or, if no delivery date is enumerated, from the the timing of or physical nature of access to the site is or becomes limited, date on which Lessor advises Lessee in writingC, that the Equipment is the site does not have adequate load bearing or other topographic qualities ready for delivery)Lessee agrees to pay Lessor a storage fee equal to 501, Page 1 of 6 Page 433 of 1037 or is otherwise not properly prepared, snow or water is not removed, Equipment at any time and if Lessor believes the Equipment to be utilities are not correctly located or properly disconnected, provision of misused, abused, or neglected. Lessor may, with written notice, declare utilities is not direly, applicable license or permits are not provided in a the Lease Agreement in default and remove and repossess the Equipment timely manner,or Lessee otherwise delays completion of Lessor's work.If at Lessee's sole cost. Lessee shall not, without Lessor's prior written Lessee fails to provide a suitable site then Lessee shall pay for any consent, make any changes, alterations, or improvements in or to the resulting additional delivery, installation, and knock down and return Equipment or remove any parts,accessories or attachments from it.Lessee charges,including but not limited to storage related charges attributable to assumes full responsibility for any Ancillary Products and/or other delayed delivery and/or installation of the Equipment required and/or accessories,attachments or other items missing from the Equipment upon requested by Lessee. Lessor may suspend its work at Lessee's site if return. If Lessee should require Modular Equipment that meets certain Lessor deems the site to be unsafe or in any way unable to accept the local codes and/or ordinances,Lessee shall notify Lessor at the time the Equipment. Lessor is solely relying on Lessee's knowledge of the Modular Equipment is ordered and,to the extent thatLessor can comply geographic area where the Equipment is to be installed including,but not, and agrees to do so in writing,Lessor shall include the additional cost for limited to, seismic activity, possibility of high winds, hurricanes, compliance and the agreed upon requirements in the Lease Order tornadoes and flooding. Lessor recornmends that the Equipment be Agreement. Any special requirements with respect to the Modular anchored to reduce damage to the Equipment,injury to occupants or other Equipment shall be handled on a case-by-case basis. Lessor makes no persons, and the property of third parties. In the event, Lessee declines representations as to the Equipment's compliance with federal, state, Lessor's installation of anchors,Lessor will comply with Lessee's refusal municipal,or local building codes,zoning ordinances,rules,laws,or other based on and in express and sole reliance on the representation and other types of regulations or use codes.Lessee agrees that the Equipment leased terms and conditions in this Lease Agreement. Lessee shall not alter the hereunder will not be occupied by any person other than Lessee,its agents, manner of installation or location of the Equipment without written employees, or invitees and will not be used for residential or dormitory consent of Lessor (excluding the relocation of readily relocatable purposes. [For Equipment delivered in California: PURSUANT TO Ancillary Products within the Modular Equipment for Lessee's ease of use CALIFORNIA CIVIL CODE SECTION 1938 LESSEE IS HEREBY and convenience).Lessor shall not be responsible for compliance with any NOTIFIED THAT THE EQUIPMENT LEASED HE REUNDFR site specific requirements including, but not limited to, site security, HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED badging, background checks, safety, and/or training requirements unless ACCESS SPECIALIST{CAST).] otherwise agreed to in writing by Lessor prior to the placement of the order for the Equipment.Lessor shall have the right to enter the premises S.Hazardogs Materials.Lessee shall not use,release, store,dispose of and inspect the Equipment during normal business hours during the Term or otherwise have present any Hazardous Materials in,on,under,or near of this Lease Agreement and any Extension Period. LESSOR DOES the Equipment,unless Lessor shall have first consented in Writing to such NOT RECOMMEND OR SUPPORT THE STACKING OF use or presence of Hazardous Materials,and such Hazardous Materials are MODULAR EQUIPME NT. DO NOT STACK MODULAR used, stored, manufactured, disposed of, or otherwise present in EQUIPMENT UNLESS YOU HAVE THE APPROVAL OF accordance with all applicable laws. "Hazardous Materials" shall mean QUALIFIED ENGINEERING PROFESSIONALS,COMPLY WITH any explosives; flammable substances: radioactive materials; asbestos; ALI, OCCUPATIONAL SAFETY LAWS, AND OBTAIN ALI, paint materials containing lead; materials containing urea, formaldehyde, ZONING, BUILDING, AND OCCUPANCY PERMITS. polychlorinated biphenyls, oil,petroleum products or byproducts; or, any I NOT WITIISTANDING ANY EXPRESS TERMS TO THE other hazardous, toxic, dangerous or otherwise regulated substances, CONTRARY, LESSOR DISCLAIMS ALLWARRANTIE,S, wastes, pollutants, contaminants, materials, or biological substances EXPRESS OR IMPLIED, IF LESSEE STACKS MODULAR (including fungi, bacteria, mold, and microbial matter of any kind) EQUIPMENT. whether having such characteristics in fact or defined as such under federal, state,or local laws and regulations. Ordinary wear and tear does 7.Use-, Maintentmee, C orrditittrr. Lessee has the right to peaceably and not include damage, contamination, or deterioration to the Equiprnent quietly hold, use, and enjoy the Equipment subject to the terms and related to Hazardous Materials.Lessee is and shall remain responsible for conditions of this Lease Agreement.Lessee shall use the Equipment solely returning the Equipment free of any and all Hazardous Materials.Prior to in the conduct of its business and in a careful and lawful manner.Lessee the return of the Equipment Lessor may in good faith,request Lessee, at agrees not to remove existing nameplates or decals affixed to the Lessee's cost and expense,to provide written evidence that the Equipment Equipment. Lessee shall pay any and all fees, charges, and expenses and has been tested by a licensed professional and is free of Hazardous execute and comply with all laws related to or that affect in any way the Materials.In the event Lessee does not supply such evidence within five use,possession,maintenance,storage,and/or operation of the Equipment (5)days after written request from Lessor.then Lessor may order testing at while it is in Lessee's possession, including obtaining all approvals, Lessee's cost. If it is determined that the Equipment is contaminated, licenses, tests, inspections, and permits (including without limitation Lessee shall pay for decontamination of the Equipment, restoring the building permits and other governmental approvals) related to the use, Equipment to its condition when delivered. If it is determined that the possession,maintenance,storage,and/or operation of the Equipment.This Equipment cannot be decontaminated, the Equipment shall be deemed a is an absolute net lease. Lessee is solely responsible for routine Total Loss and Lessee assumes full responsibility for the Equipment maintenance.,including but not limited to janitorial services,pest control, including the disposal thereof,and shall pay Lessor the Equipment Value changing of HVAC filters, light bulbs, and ballasts,cleaning (by trained as set forth on the Lease Order Agreement plus all applicable Taxes and and qualified IIVAC technicians only) the HVAC condenser and Fees in accordance With Section 12 herein. evaporator coils, refilling HVAC refrigerant, and removal of water, ice and snow from and about the Equipment. At its sole cost, Lessee shall 9.Rent-, FgtgJaxes,Late ChaMes. Rent for the Equipment begins to maintain and keep the Equipment clean,in good repair and safe operating accrue upon completion of delivery and set-up, if required, of the condition at all times during the term of this Lease Agreement in Equipment (the "Delivery Date"), Lessee shall pay Lessor, in advance, accordance with the Williams Scotsman Service Guide,receipt of which is monthly rent for the Equipment on the due date at the Rate Per Month hereby acknowledged by Lessee. Lessee shall keep the Modular stated in this Lease Agreement during the Term, and at the Rate Per Equipment properly ventilated and shall not allow or permit any condition Month established by Lessor during the Extension Period.Lessee shall be to exist that allows standing water to accumulate in, on, or under the solely liable for any and all (.I) sales and use, gross receipts, transaction Modular Equipment and/or any Ancillary Products. Damage, privilege, value added, goods and services, and similar taxes ("Sales Taxes"), (ii) ad valorem. real property, and personal property taxes deterioration,or contamination of the Equipment due to water infiltration or exposure is not considered ordinary wear and tear. Lessee is solely ("property Taxes"). and (iii)related Yd party fees and expenses ("Fees") responsible for damage due to settling.Lessor has the right to inspect the (the items set forth in clauses (i), (ii), and (iii),hereinafter referred to as Page 2 of Cr Page 434 of 1037 • AN the Commercial General Liability Program is available in full or in part(in expiration or termination of the Lease Agreement. NOTHING the Agent's sole discretion) and provided Lessee elects to participate in CONTAINED HEREIN SHALL CONSTITUTE A CONTRACT this program,and pays the required additional fees,the Lessee will satisfy FOR INSURANCE OR OTHERWISE PROTECT LESSEE FROM the Lease Agreement requirements for Commercial General Liability LIABILITY TO THIRD PARTIES. Insurance to the extent of any limitations outlined in this Lease Agreement. Under this program, Lessee will receive insurance coverage 1.4. Defaults, Remedies. (A) Lessee shall be deemed to be in default through American Southern Insurance Company ("Insurer") as hereunder upon the occurrence of any of the following events("Events of administered by Allen Insurance Group ("Agent"). Lessee understands Default"):(1)Lessee shall fail to make any payment due hereunder within that Lessee will be provided with the following limits of coverage: ten(10)days after its due date;(2)Lessee shall fall to perforin or observe $2,000,000.00 General Aggregate; $1,000,000.00 Per Occurrence; and. any-other term,covenant,or condition of this Lease Agreement;(3)Lessee $5,000.00 Premises Medical Payments each person.The insurance fee for shall have abandoned the Equipment or is no longer entitled to keep the this program will be billed monthly with the rental invoice. The monthly Equipment at its delivered location;(4)any representation or warranty of fee payable by Lessee is specified on the face page of the Lease Order Lessee shall have been untrue in any material respect when made,or,any Agreement and includes Lessor's administrative fee.This is a third party information submitted by Lessee to Lessor shall be false or misleading in liability policy which covers bodily injury and/or property damage arising any material respect; or(5)Lessee shall have defaulted under any other from the proper use and occupancy of the leased Modular Equipment and agreement with Williams Scotsman.(B)Upon the occurrence of an Event may or may not cover Ancillary Products. The Commercial General of Default,Lessor may declare this Lease Agreement to be in default,and Liability Program has no deductible on claims. It is provided by Lessor thereafter may exercise any one or more of the following remedies: (1) strictly as a matter of convenience to the Lessee.Lessee understands and Declare the rent for the Tenn,any Extension Period thereof and all other agrees that Lessor only serves as a billing agent for the third party vendor unpaid rent, fees, taxes, and charges including but not limited to delay/storage fees and/or tertionation charges under this Lease Agreement of the General Liability Insurance and assumes no liability with respect to such insurance. Lessee payments will be considered payments under the and/or any other agreement with Williams Scotsman immediately due and Leave Agreement; any payment default by Lessee under the Lease payable. (2)Repossess, retake,and/or retain any or all of the Equipment Agreement will void the General Liability Insurance. The General free of all rights and claims of Lessee without notice,without legal process Liability Insurance shall not,in any manner:(i)limit Lessee's liabilities or or judicial intervention, and without releasing Lessee of any term, covenant or condition provided herein,(3)Sell or otherwise dispose of any obligations under the Lease Agreement and Lessee remains obligated to comply with any and all requirements set forth in the General Terms and or all of the Equipment, whether or not in LessWs possession, in a Conditions of the Lease Agreement; or, (ii) excuse Lessee from its commercially reasonable manner and apply the net proceeds of such obligation to maintain Property Damage Insurance and deliver a disposition, after deducting all costs, to the obligations of Lessee with Certificate of Insurance therefore. Lessee will be provided with a Lessee remaining liable for any deficiency; (4) Terminate this Lease certificate of insurance as proof of General Liability Insurance coverage, Agreement and/or any other agreement with Williams Scotsman; and/or upon request,and Lessee understands that the coverage is only in effect as (5) Exercise any other right or remedy available to Lessor at law or in long as the Lease Agreement is active. For coverage questions Lessee equity. Lessor's waiver of any Event of Default shall not constitute a must contact Allen Insurance Group, Inc. at 800-922-5536 (extensions waiver of any other Event of Default or a waiver of any term or condition 110,1111 112 or 113). of this Lease Agreement, Lessee shall pay all Lessor's legal fees and all 13.2.Property tau eVVaiver Pro ram:The Property Damage Waiver other costs and expenses incurred by reason of any Event of Default.No Program may or may not be available for Ancillary Products. If the fight or remedy referred to herein is intended to be exclusive and each may Property Damage Waiver Program is available in full or in part (in be exercised concurrently or separately and from time to time.In the event Lessor's sole discretion)and provided Lessee elects this program and pays Lessor shall repossess or retake the Equipment and there shall be in or the required additional fees, then Lessee shall not be obligated to obtain attached to such Equipment any property owned by or in the custody or the property insurance described in Section 13(B) and Lessor agrees to control of Lessee, then Lessor is hereby authorized to take possession of relieve Lessee of Lessee's liability for loss or damage to the Modular such property for a period of ten (10) days. Thereafter, if any such Equipment for amounts in excess of the amount specified as the deductible property is not claimed and taken by Lessee within ten (10) days after in the Insurance Requirements Addendum to the Lease Order Agreement Lessor repossesses or retakes the Equipment, such property will be per unit of Modular Equipment per occurrence and for loss or damage to deemed abandoned by Lessee,and Lessor shall have the right to dispose of Ancillary Products to the extent covered by the Property Damage Waiver it, (C)LESSEE AND LESSOR WAIVE ALL RIGHT TO TRIAL BY Program and subject to the relevant deductibles. The Property Damage JURY OF ALI, CLAIMS. DEFENSES, COUNTERCIAIMS, AND Waiver covers acts of vandalism,fire and natural disasters including heavy SUITS OF ANY KIND ARISING FROM OR RELATING TO THIS wind,lightning,flooding, fallen trees, etc. The Property Damage Waiver LEASE AGREEMENT. Caines not cover: (1) Damage arising from of related to collision and/or 15. Rettwn of Equipment-, Termination of Lease. At the end of the upset that occurs during transport and/of relocation of Equipment by Term or any Extension Period,Lessee shall make the Equipment available Lessee,its employees,agents,invitees or anyone acting at the direction of to Lessor,without impediment,(impediments including,but not limited to, or on behalf of the Lessee;(2)Damage arising from or related to misuse, ranips,steps,and/or landscaping added by parties other than Lessor)at the abuse, excess wear and tear, abandonment, or the negligence of willful Delivery Address shown in the Lease Order Agreement or any other misconduct of the Lessee, its employees, agents,or anyone acting at the address to which Lessor has previously provided written approval of direction of or on behalf of the Lessee; (3) Lessee's personal property relocation of the Equipment.Any irnpedi rent to pick-up of the Equipment arid/or contents within or upon the Equipment, LESSEE IS may result in additional charges to Lessee. Lessee shall provide Lessor RESPONSIBLE FOR INSURING ITS OWN BELONGINGS; (4) with at least thirty (30) days advance written notice of the return of the Damage or loss of use of Equipment due to contamination of the Equipment,In the event Lessee does not provide thirty(30)days advance Equipment from Hazardous Materials,as defined in Section 8 herein.The written notice of the return of the Equipment and such earlier pick-up of monthly fee payable by Lessee is specified on the face page of the Lease the Equipment is requested by Lessee (and can be effected by Lessor), Order Agreement and will be billed with the rental invoice. The waivers Lessee shall reimburse Lessor for any related costs and expenses set forth herein shall not be binding upon Lessor unless the loss,damage, associated with the immediate pick-up of the Equipment. Lessee injury or claim is reported to Lessor,in writing, within seventy-two(72) C, acknowledges and agrees that all arnounts for return freight, knockdown hours of its occurrence.Lessee shall cooperate with and provide to Lessor and dismantle will be billed by Lessor to Lessee at the Lessor's rates then all information pertaining to such event.The waivers provided herein are in effect on the date of surrender. The Modular Equipment shall be automatically extinguished or terminated on the date that rent or any other returned to Lessor in the same condition as delivered to Lessee,reasonable charges due to be paid by Lessee become late and unpaid or upon Page 4 of 6 Page 436 of 1037 ordinary wear and tear excepted.Lessee shall pay Lessor for all missing or 18.Ancilla y Products.Notwithstanding anything contained in this Lease darnaged tires, axles, or hitches. Termination will become effective only Agreement to the contrary, in the event of any conflict with respect to when the Equipment has been returned to Lessor as herein provided and Ancillary Products the following terms and conditions shall apply: Lessee has paid Lessor all unpaid rental and other charges applicable to (a) While some Ancillary Products originate in various instances from the Equipment.Lessee agrees that prior to the return of the Equipment to third-party suppliers, Lessee shall nevertheless lease the Ancillary Lessor or upon notice of its repossession Lessee shall,at its sole cost and Products solely from Lessor and shall have no ownership rights or expense, immediately disconnect all utilities, remove all impediments, interests therein,except as may relate to Lessee's purchase of items which remove all of Lessee's personal property, and vacate the Modular are covered by a separate,executed,sale agreement and/or are recognized Equipment leaving the Ancillary Products intact and readily accessible, as clearly for finite consumption (ex. kitchen, restroom, and/or office Lessee hereby consents to entry by Lessor or its agents upon the premises supplies). Lessee shall be obligated to pay applicable rental amounts set where the Equipment may be located for return or repossession of the forth in the Lease Order Agreement for the lease of the Ancillary Products. Equipment. Lessor shall not be responsible for site restoration. Lessor (b) Certain Ancillary Products, including but not limited to portable shall not be liable for any damage to any personal property left in or on the bathrooms or generators, may contain or present certain hazardous Modular Equipment or for keeping or, storing any personal property of conditions or materials.Lessee acknowledges that it is fully aware of the Lessee left in or on the Modular Equipment.Such property will be deemed potential hazards in using such Ancillary Products and agrees to assume abandoned by Lessee. Any accessories and additions to the returned all risk.Lessee agrees that it shall:(i)use such Ancillary Products in a safe Equipment shall be deemed to be part of the Equipment and the property manner, in accordance with all manufacturers' recommendations; (ii) of Lessor. Notwithstanding anything to the contrary herein, Lessee shall perform all required maintenance on such Ancillary Products that is not reimburse Lessor for any and all costs incurred related to the return of the otherwise to be performed by Lessor pursuant to the terms of the Lease Equipment and in repairing, cleaning, or otherwise restoring the Agreement. Lessee shall utilize only trained, licensed, qualified and/or Equipment to its condition when delivered in accordance with Lessor's certified technicians for such repairs as required; and (iii) maintain and standard rates. remove any waste or hazardous materials created by such Ancillary .Products in accordance with all applicable laws,rules and regulations. 1.6.Linde d Warranty.For as long as Lessee timely makes all payments (c)Lessor may require Lessee to execute a separate Addendum for certain due hereunder, Lessor warrants throughout the term of this Lease Ancillary Products. Agreement that it will repair structural or mechanical defects in the (d)Limited Warranty. The Ancillary Products may be"New"or"Used" Modular Equipment (excluding HVAC filters, fire extinguishers. , Ancillary Products.In the event of any defect,Lessee shall notify Lessor fuses/breakers, light bulbs, or other ordinary course repairs or within two(2)days of the occurrence thereof.Ancillary Products shall be maintenance), provided that Lessee notifies Lessor in writing of any subject to the specific manufacturer's warranty provisions and time period, defects, malfunctions, or leaks within two (2) business days of the if any,as applicable to and as available for the Ancillary products.In any occurrence thereof In any event, the liability of Lessor shall be limited event,the liability of Lessor shall be limited solely to the repair of defects solely to the repairing of defects in the Modular Equipment.Lessor shall in, or, the replacement of the Ancillary Products at Lessor's sole option. have no liability for the repair of any defect or condition resulting from Lessor shall have no liability for the repair of any defect or condition Lessee's relocation of the Modular Equipment, utilities connection, resulting from: Lessee's relocation of tire Ancillary Products; utilities alteration of the Modular Equipment,use of the Modular Equipment for a connection; alteration of the Ancillary Products; use of the Ancillary purpose for which it was not intended, vandalism,misuse of the Modular Products for a purpose for which it was not intended;vandalism;misuse of Equipment, excessive wear and tear, failure to properly maintain the the Ancillary Products; excessive wear and tear, or failure to provide HVAC system and/or failure to provide timely notice to Lessor.The repair notice to Lessor of needed repairs or maintenance. The repair of the of the Modular Equipment by Lessor due to a defect or condition resulting Ancillary Products by Lessor due to a defect or condition resulting from from any of the preceding causes shall result in additional charges to any of the preceding causes shall result in additional charges to Lessee. Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING IN PUNITIVE, DAMAGES, COSTS OR EXPENSES ARISING FROM RELATION TO LESSOR'S LIMITED WARRANTY, OR ANY THE POSSESSION, USE, OR OPERATION OF ANCILLARY REPAIRS PERFORMED PURSUANT TO THE LIMITED PRODUCTS. LESSOR DISCLAIMS ANY AND ALI, OTHER WARRANTY.EXCEPT AS SPEC I JEW-,ALLY PROVIDED HEREIN, WARRANTHrS, EXPRESS OR IMPLIED, RELATED TO THE LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF OR IMPLIED,RELATED TO THE, MODULAR EQUIPMENT AND MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A ANY MAINTENANCE OR REPAIR WORK PERFORMED BY PARTICULAR PURPOSE. THE ANCILLARY PR IODITCTS ARE � LESSOR INCLUDING ANY WARRANTIES OF PROVIDED "AS IS" AND "WT.FI ALL FAULTS". LESSOR MERCHANTABILITY, SUITABILYFY, OR FITNESS FOR A MAKES NO REPRESENTATIONS WITH REGARD TO THE PARTICULAR PURPOSE. WITHOUT LIMITING THE USAGE OR CONDITION OF THE ANCILLARY PRODUCTS. GENERALITY OF THE FOREGOING, THERE, ARE NO WITHOUT LIMITING THE GENERALITY OF THE' CONDITIONS, COVENANTS, AGREEMENTS, FOREGOING, THERE ARE NO CONDITIONS, COVENANT& REPRESENTATIONS, WARRANTIES OR OTTIER PROVISIONS, AGRFEM[ENTS, REPRESENTATIONS, WARRANTIES OR EXPRESS OR IMPLIED, COLLATE RAL, STATUTORY OR CDT HE R PROVISIONS, EXP ESS OR IMPLIED, COLLATERAL, OTHERWISE,RELATING TO THE SUBJECT MATTER HEREOF STATUTORY OR OTT E RWISE, RELATING TO THE SUBJECT EXCEPT AS PROVIDED HE REIN OR UNLESS EXPRESSLY MATTER HEREOF EXCEPT AS PROVIDED nFRE IN OR CONSENTED TO IN TINCT BY BOTH LESSOR AND LESSEE. UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH 17. Assia crat. LESSEE SHALL NOT ASSIGN THIS LEASE LESSOR AND LESSEE AGREEMENT OR SUBLET THE EQUIPMENT WITHOI T T THE (e)Lessee assumes all risk of loss and damage to the Ancillary Products PRIOR WRITTEN CONSENT OF LESSOR. This Lease Agreement from all causes. The insurance value for the Ancillary Products may or shall be binding upon any permitted assignee or successor of Lessee. may not be included in the Equipment Value shown in the Insurance Lessor may assign any of its rights, remedies, responsibilities, and/or Requirements Addendum to the Lease Order Agreement for the Modular obligations hereunder without notice to Lessee. Equipment, or, covered under the Property Damage Waiver Program if Lessee is enrolled.In the event of total loss or damage to any or all of the Ancillary Products,Lessee agrees to pay Lessor the replacement value for Page 5 of 6 Page 437 of 1037 the Ancillary Products as determined by Lessor as well as any applicable Section I1 would be in violation of or otherwise prohibited by any Taxes and lees, applicable law, then Section I I shall automatically be deemed to be (f) The terms governing the product description and frequency of amended in a manner which provides the maximum indemnification and maintenance and cleaning services to be performed by Lessor in relation to other protections to such indemnitee consistent with such applicable law. Ancillary products shall be exclusively set forth in the Lease Order (e)The obligations of Lessee under Sections 3,4,5,7,8,9,11,12,13,14, Agreement. 15, 18, and 19, which accrue upon execution of this Lease Agreement, shall survive the termination of this Lease Agreement.(f)If Lessee fails to 19.Miscellaneous. (a) Time is of the essence with respect to this Lease perform any of its obligations hereunder, Lessor shall have the right to Agreement. (b) This Lease Agreement, when signed by both parties, effect such performance, the amount of any out-of-pocket and other constitutes the entire agreement between the parties, (except as may reasonable -expenses of Lessor incurred in connection with such otherwise be noted in Section 18(c) or as later amended as outlined in performance shall be payable by Lcssee upon demand. The failure of 19(c),superseding and replacing all prior documents and representations, Lessor to insist at any time upon the strict performance of any of the with respect to the subject matter hereof. It may only be amended by a terms,covenants,or conditions of this Lease Agreement or to exercise any document signed by both parties,as outlined in Section 19(c).The terms right or remedy herein,or the waiver by Lessor of any breach thereof shall of any documents submitted by Lessee or any third-party supplier of not be construed as thereafter waiving any such terms, covenants, Ancillary Products(i)are superseded and replaced in their entirely by the conditions, rights, or remedies. (g) Lessor shall not be responsible for terms and conditions of this Lease Agreement and(ii)shall otherwise have delays beyond its control, (it)The delivery, installation, takedown,return no binding effect upon Lessor, its agents, and its employees. and/or any work related to the Equipment as agreed to by Lessor and Acknowledgement by Lessor of any Lessee-supplied documents shall be Lessee in the Lease Order Agreement or any arnendment thereto will be for Lessee's billing purposes only.Notwithstanding anything contained in performed by Lessor using its standard workforce and labor rates unless such document to the contrary, in the event of any conflict or otherwise agreed to in writing by Lessor prior to the placement of the inconsistency between the provisions of this Lease Agreement and the order for the Equipment. Lessee understands and agrees that Lessor may provisions of any Lessee-supplied documents,the provisions contained in use Lessor ernployees or subcontracted workers for the performance of this Lease Agreement shall prevail.(c)Any Equipment,material or labor any work related to the Equipment, as determined in Lessor's sole furnished by Lessor which is not described in this Lease Agreement and/or discretion. (i) LESSOR SHALL HAVE NO LIABILITY in the Williams Scotsman Proposal as Lessor's obligation shall be deemed WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIALL, "Extra Work". Lessee, with Lessor's consent, may order changes in the INCIDENTAL OR PUNITIVE DAMAGES, COSTS, OR Equipment, material or labor to be fumished by Lessor under the Lease EXPENSES, (j) Lessee irrevocably appoints Lessor or its agents or Agreement.Prior to Lessor perfonning/providing the Extra Work,Lessor assigns as Lessee's attorney-in-fact to execute any UCC financing and Lessee must agree in writing to any modification or addition to the 0 statements, documents, checks, and drafts related to the payment of any Equipment,material or labor covered by this Lease Agreement as well as loss,damage,or defense under policies of insurance required by this Lease the corresponding charges to the Lease Agreement Total Charges and C� Agreement.(k)With the exception for mechanic's and materialman's lien time frame for performance.All Extra Work shall be authorized by written proceedings set forth below, this Lease Agreement shall be governed by Amendment or Change Order to the Lease Agreement signed by both and interpreted under Maryland law. Further, all legal actions arising out parties. Failure to have written authorization shall not preclude Lessor of or related to this Lease Agreement shall be filed and conducted from recovering compensation for Extra Work,Lessee shall promptly pay exclusively in a state or federal court in Baltimore City, Maryland. Lessor for any additional Equipment, materials or labor authorized by Mechanic's and materialman's lien proceedings, including any action to Amendment or Change Order. Payment for Extra Work shall be due as foreclose on such lien.shall be governed by the law of the state'where the and when invoiced by Lessor. Costs for Extra Work shall include Equipment is located'. Lessor hereby reserves its common law right of reasonable overhead and profit as well as other related sums incurred by offset. Lessee hereby waives any and all rights to or claims of sovereign Lessor as may be applicable,including but riot limited to: administrative immunity.LESSEE HEREBY WAIVES ANY AND ALL RIGIPrS TO costs;office expenses;expenses incurred at the Delivery Location;project A TRIAL BY JURY OF ANY CLAIM ARISING IN CONNECTION manager/site superintendent time and expenses (if such personnel is WITH THIS LEASE AGREEMENT, (1)Lessee will pay all costs and supplied by Lessor); dumpster fees, temporary facilities for Lessor's use expenses, including reasonable attorney's fees, incurred by Lessor in including, but not limited to, sanitary facilities and/or Field Office(s); enforcing any terms,covenants and indemnities provided herein.(m)Each temporary utilities for Lessor's use (if supplied by Lessor), travel and party is hereby authorized to accept and rely upon a facsimile signature or related expenses;cell phone expenses and other costs for communication, electronic signature of the other party oil this Lease Agreement or any Architectural and/or Engineering expenses (if supplied by Lessor); Amendment hereto. Any such signature shall be treated as an original cleanup at the Delivery Location if performed by Lessor; signature for all purposes. (n) Each party is hereby authorized tot accept document/drawing reproduction costs;and/or the costs for Mail/Overnight and rely upon documents in paper or electronic formal. (0) Lessor may and other delivery services. (d)If any provision of this Lease Agreement amend these terms and conditions from time-to-time and such amended is deemed unenforceable for any reason, then such provision shall be terms shall be effective thirty(30)days after notice is provided to Lessee. deemed stricken and shall not affect the enforceability of any of its other If Lessee does not object in writing to such amended terms before their provisions.Notwithstanding anything contained herein to the contrary,if it effective date,such terms shall be deemed to take precedence. should be determined by a court of competent jurisdiction that any Lease Agreement Terms&Conditions,Revision 08/01/2015 indemnification or other protection afforded to an indemnitee under Page 6 of 6 Page 438 of 1037 6.G. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-089- Authorize the Mayor to sign a lease agreement with the Boynton Beach Community Redevelopment Agency for the City to lease the property at 115 N. Federal Highway, Boynton Beach, FL 33435. EXPLANATION OF REQUEST: The CRA currently owns the property at 115 N. Federal Highway and has subleased a portion of it to Boynton Beach Congregational United Church of Christ, Inc. The City wishes to lease the remaining part of the building thru December 31, 2020. The City is in the process of redeveloping part of its downtown area and with that is requiring to relocate the City Hall, Police Station and Library while new buildings are constructed as part of the public/private redevelopment project. The building at 115 N. Federal Highway will house the Library functions during the period of construction. The lease has an monthly rent payment of$10 per month during the lease term. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By entering into this lease it will allow the City to move the Library temporarily during construction of the new City Hall/Library and keep the Library in the downtown area. FISCAL IMPACT: Budgeted Cost of the rent would be $120 per year. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 439 of 1037 ATTACHMENTS: Type Description D Resolution Resolution approving Lease Agreement with the C RA for 115 North Federal Highway D Attachment Lease Agreement 115 N Federal Page 440 of 1037 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A LEASE AGREEMENT WITH THE BOYNTON BEACH 5 COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY TO 6 LEASE THE PROPERTY AT 115 NORTH FEDERAL HIGHWAY; 7 AND PROVIDING AN EFFECTIVE DATE. 8 WHEREAS; the CRA currently owns the building at 115 North Federal Highway and 9 has subleased a portion of it to the Boynton Beach Congregational United Church of Christ, 10 Inc.; and 11 WHEREAS, as part of the Town Square project and the relocation of City Hall, the 12 City wishes to lease the remaining part of the building through December 31, 2020 while new 13 buildings are constructed as part of the public/private project; and 14 WHEREAS, by entering into this Lease Agreement it will allow the City to move the 15 Library temporarily during construction and keep the Library in the downtown area. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. Each Whereas clause set forth above is true and correct and incorporated 19 herein by this reference. 20 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 21 approve and authorize the Mayor to sign a Lease Agreement with the Boynton Beach 22 Community Redevelopment Agency for the City to lease the poperty at 115 North Federal 23 Highway for the use of the Library temporarily during the construction of the Town Squre 24 project, a copy of the Lease Agreement is attached hereto as Exhibit"A". C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\69C9A1A9-C7CC-4554-95DA-41EF95CE49AD\Boynton Beach.11112.1.Lease_Agreement With CRA For 115 North_Federal_-_Reso.Docx Page 441 of 1037 25 Section 3. That this Resolution shall become effective immediately upon passage. 26 PASSED AND ADOPTED this day of , 2018. 27 CITY OF BOYNTON BEACH, FLORIDA 28 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice Mayor— Christina L. Romelus 34 35 Commissioner—Mack McCray 36 37 Commissioner—Justin Katz 38 39 Commissioner—Joe Casello 40 41 VOTE 42 ATTEST: 43 44 45 46 Judith A. Pyle, CMC 47 City Clerk 48 49 50 (City Seal) 51 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\69C9A1A9-C7CC-4554-95DA-41EF95CE49AD\Boynton Beach.11112.1.Lease_Agreement With CRA For 115 North_Federal_-_Reso.Docx Page 442 of 1037 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of , 2018, by and between the Boynton Beach Community Redevelopment Agency, whose address is 710 North Federal Highway, Boynton Beach, FL 33435 (hereinafter referred to as "Landlord") and The City of Boynton Beach, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425, (hereinafter referred to as "Tenant"). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises"), together with all improvements located therein as more fully described below. ARTICLE II - LEASE TERM The term of this Lease shall begin on the day of 2018, and shall terminate on December 31, 2020. The Parties agree that Tenant may terminate this Lease upon 30 days notice should the construction of the permanent library facilities be completed and available for occupancy. ARTICLE III - EXTENSIONS The parties hereto may elect to extend this Agreement for an additional one year term (terminating on December 31, 2021) as may be mutually agreed upon in writing and signed by the parties at the time of any such extension. ARTICLE IV- DETERMINATION OF RENT The Tenant agrees to paythe Landlord and the Landlord agrees to accept,during the term hereof, at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the following rates and times: The annual rent shall be payable in advance in equal monthly installments of Ten and 00/100 Dollars ($ ) per month, on the first day of each and every calendar month during the term hereof, and prorata for any fractional portion thereof. Page 1 of 9 01004139-3 Page 443 of 1037 ARTICLE V-TAXES Both Landlord and Tenant are exempt from payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. ARTICLE VI —TENANT IMPROVEMENTS AND UTILITIES Section 1. Improvements by Tenant. Tenant will prepare plans and specifications (hereafter "Construction Plans") for the construction of improvements on the property, including the Leased Premises consistent with the agreed upon conceptual plan set forth in Exhibit"A". Tenant shall obtain all permits and other authorizations of governmental bodies or authorities which are necessary to permit the construction of the improvements on the premises and shall keep the same in full force and effect at Tenant's cost. Tenant's improvements to the property and Leased Premises as set forth in the Construction Plans shall be at its expense and include the following: a. The construction of a new sanctuary, including the relocation or construction of the alter, pulpit, stained glass, sound system, storage area, new entry way and pews for the Boynton Beach Congregational United Church of Christ, Inc. (hereafter "Church"); b. The relocation of Church's appliances from the second floor of the building into the area to be occupied by the Church; and C. The construction of a new interior wall separating the area to be occupied by the Church from the remaining first floor space; and d. All other construction activities and improvements indicated on the Construction Plans. Tenant shall, at its cost, obtain or maintain an occupancy permit and all other permits or licenses necessary for the occupancy of the Leased Premises and the operation of the same as set out herein and shall keep the same in force. The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so, or to have any liens removed from the property within fourteen (14) days of notification to do so by the Landlord , in addition to all other remedies available to the Landlord , the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by the Landlord in having said lien removed from the property; and, such costs and expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that month's regular monthly rental as additional reimbursable expenses to the Landlord by the Tenant. Page 2 of 9 01004139-3 Page 444 of 1037 Section 2. Utilities. Tenant shall pay for all water,sanitation,sewer,electricity, and other utilities for the building (all utilities incident to the Church's use and Tenant's use of Leased Premises). ARTICLE VII - OBLIGATIONS FOR REPAIRS Section 1. Tenant's Repairs and Maintenance. The Tenant shall be responsible for all maintenance and repairs required to the building (excluding the interior area being occupied by the Church), including the roof and mechanical systems including those systems associated with the area being occupied by the Church. The Tenant shall also be solely responsible for the landscaping and maintenance of the grounds and parking areas. Section 2. Landlord's Repairs. The Landlord shall not be responsible for the costs associated with the repair and maintenance of the property, except for those necessitated as the result of any act or omission or negligence of the Landlord, its employees, agents, or contractors. ARTICLE VIII -TENANT'S COVENANTS Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects. b. To permit Landlord and its agents to examine the Leased Premises at reasonable times. C. To work diligently to complete the improvements set forth in the Construction Plans and permit Landlord to enter the Leased Premises to inspect said repairs, improvements, alterations or additions thereto as may be required under the provisions of this Lease. d. To occupy and conduct all operations solely within the Leased Premises set forth in Exhibit "A", subject to the provisions of Article XIV, Section 7 below. ARTICLE IX- INDEMNITY BY TENANT Subject to applicable Florida law and Florida statute §768.28, the Tenant shall hold Landlord harmless and indemnify Landlord from all injury, loss, claims, actions or damage to any person or property while on the Leased Premises and any related expense, including attorney's fees, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than one million dollars for injury Page 3 of 9 01004139-3 Page 445 of 1037 or death from one accident and $500,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance, naming Landlord as an additional insured, shall be delivered to Landlord on or before the commencement date. ARTICLE X- USE OF PROPERTY BY TENANT The Leased Premises shall be occupied and used by Tenant exclusively as a library and those uses incidental thereto. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sublessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE XI - SIGNAGE Section 1. Exterior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so elect, signage on the existing monument sign location on the east side of the property fronting Federal Highway. Section 2. Interior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances,to erect, maintain, place and install its usual and customary signs and fixtures in the interior of the Leased Premises. ARTICLE XII - DEFAULT In the event that: a. Tenant shall be in default in the payment of rent or other charges herein required to be paid by Tenant (default herein being defined as payment received by Landlord ten or more days subsequent to the due date); or b. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof; or C. Tenant shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Tenant hereunder for a period of thirty(30)days after notice to Tenant in writing of such default(or if such default shall reasonably take more than thirty (30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Tenant has abandoned the premises; or Page 4 of 9 01004139-3 Page 446 of 1037 e. Tenant has been adjudged bankrupt. Landlord shall be then entitled to its election to exercise concurrently or successively, at Landlord's absolute discretion, any one or more of the following rights: i. Terminate this Lease bygiving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of(a) the Rent and all other sums which would have been payable hereunder by Tenant for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or iii. Without terminating this Lease, declare immediately due and payable all Rent and other amounts due and coming due under this Lease for the entire remaining term hereof, together with all other amounts previously due, at once; provided, however, that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees, tenants, and subtenants on account of said Premises during the term of this Lease, provided that the monies to which tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses and attorney's fees of Landlord incurred in connection with the reletting of the Premises; or iv. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option, remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby,and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises. Landlord shall in no way be responsible or Page 5 of 9 01004139-3 Page 447 of 1037 liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such reletting. Upon such reletting, all rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder)from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be credited therefore. If such rentals received from such reletting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option, be calculated and paid monthly. No such reletting shall be construed as an election by Landlord to terminate this Lease unless a written notice of such election has been given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or V. Without liability to Tenant or any other party and without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any property, material, labor, Utilities or other service, whether Landlord is obligated to furnish or render the same, so long as Tenant is in default under this Lease; or vi. Allow the Premises to remain unoccupied and collect rent from Tenant as it comes due; or viii. Pursue such other remedies as are available at law or equity. f. Landlord's pursuit of any remedy of remedies, including without limitation, any one or more of the remedies stated herein shall not (1) constitute an election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease Agreement or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination, or (2) serve as the basis for any claim of constructive eviction, or allow Tenant to withhold any payments under this Lease. ARTICLE XIII — PARKING The Tenant shall have use of not less than seventy-one (71) parking spaces located on the west, south and north side of the building for the operation of the library for the term of this Lease Agreement. Page 6 of 9 01004139-3 Page 448 of 1037 ARTICLE XIV- MISCELLANEOUS Section 1. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. Section 2. Pirate Fest & Mermaid Splash. Tenant has been made aware that the property (but not the Leased Premises) is utilized by Landlord for the annual Pirate Fest & Mermaid Splash. Tenant consents to said use during the days of October 27-28, 2018 and October 26-27, 2019, and surrounding dates for necessary preparation and clean up. Tenant agrees to adjust its hours of operation as necessary and if required (at Tenant's discretion) to accommodate same. Section 3. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 4. Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. Section 5. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by hand delivery or mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as Tenant may hereafter designate by notice to Landlord. Section 6. Assignment and Subletting. Lessee shall not assign this Lease, nor sublet the whole or any part of the Premises without first obtaining the written consent of the Landlord. Page 7 of 9 01004139-3 Page 449 of 1037 Section 7. Availability of Church Premises. Should the area on the first floor being occupied by the Church become available during the term of this Lease Agreement, Tenant shall be entitled to occupy said area at no cost to Tenant, providing all costs associated with Tenant's relocation into, improvement and occupation of the Church premises shall be borne by Tenant. Section 8. Drop Box. Tenant is authorized to locate and install a drop box on the property for the return of library materials by its customers (the location of which to not interfere with other tenants or Landlord's use of the building). Section 9. Temporary Trailers. As required for additional storage or library use, Tenant is authorized to located temporary trailers on the property in conformity with applicable laws and ordinances and consistent with Landlord's use of the building. Section 10. Invalidity of Particular Provision. If any term or provision of this Lease Agreement or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 11. Brokerage. The parties represent that no party has acted as, by or through a broker in the effectuation of this Agreement. Section 12. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect.This Lease shall not be modified in any way except by a writing executed by both parties. Section 13. Governing Law.All matters pertaining to this agreement(including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. Page 8 of 9 01004139-3 Page 450 of 1037 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: WITNESSES: LANDLORD: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: WITNESSES: TENANT: THE CITY OF BOYNTON BEACH By: Name: Title: Page 9 of 9 01004139-3 Page 451 of 1037 EXHIBIT "A' Ci , of Boynton Beach, Leased Premises J i � \$ Ip 0', 4 f ..6�l . ) l� Qom• 4 I ' 1 � at a y ��e•i � _� -i� I i� - N Ii to �Z� y Aq- !� I f I , f 669s-zee/saE aev�e moiao-tJ 'HOH38 wT7d Aemy614 1029POI aou nvan V4'Vd IV as❑tE yl SCC yoanyo leuoiliaBe wo yoeeq uoluAoq •aero'sio33.iH3bV Ai-um4�R aVMHOa aye o} uoI&enauaa o X pp r Z y 1 4 I 2 O , I n 6.H. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-090-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with PFM Financial Advisors, LLC of Orlando, FL for RFP No. 003-1410-18/IT for Financial Advisory Services. The Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City. The City may renew the contract with the same terms and conditions for two (2) additional, two (2) year periods subject to vendor acceptance, satisfactory periofromance and determintion that the renewal will be in the City's best interest. EXPLANATION OF REQUEST: On May 29, 2018, the City opened and tabulated two (2) proposals to RFP#003-1410-18/ITfor Financial Advisory Services. This RFP was issued seeking the services of a qualified independent financial advisor to serve as a consultant in connection with the financing for capital improvement programs and the conduct of business transactions with financial institutions. On June 25, 2018, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, revealed and discussed their independent scores for each of the proposals based upon the evaluation criteria described in the RFP. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. The Committee ranked the proposals as follows: Rank 1: PFM Financial Advisors, LLC Rank 2: Hilltop Securities, Inc. The Committee's recommendation is to award the Agreement to PFM Financial Advisors, LLC as the highest- ranked qualified firm. The services will be utilized on an as needed basis. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This RFP was issued seeking the services of a qualified independent financial advisor to serve as a consultant in connection with the financing for capital improvement programs and the conduct of business transactions with financial institutions. FISCAL IMPACT: Budgeted Each requirement processed against this open-end contract will be funded by the appropriate source at the time of release. ALTERNATIVES: Page 454 of 1037 Not accept the Committees' rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ranking and Agreement with PFM Financial Advisors D Agreement Agreement- Financial Advisory Services- PFM D Attachment Tabulation - Financial Advisory Services D Attachment Notice of I ntent to Award D Attachment Summary of Reviewers Scores- Financial Advisory Services D Attachment RFP Submittal - PFM Financial Advisors, LLC Page 455 of 1037 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RANKING AS RECOMMENDED 5 BY THE EVALUATION COMMITTEE AND AUTHORIZING 6 THE CITY MANAGER TO SIGN AN AGREEMENT WITH PFM 7 FINANCIAL ADVISORS, LLC, OF ORLANDO, FL FOR RFP 8 NO. 003-1410-18/IT FOR FINANCIAL ADVISORY SERVICES; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on May 29, 2018 City staff opened and tabulated two (2) proposals 12 to RFP No. 003-1410-18/1T for Financial Advisory Services; and 13 WHEREAS, the RFP was issued for the services of a qualified independent 14 financial advisor to serve as a consultant in connection with the financing for capital 15 improvement programs and the conduct of business transactions with financial 16 institutions; and 17 WHEREAS, the selection committee provided its scores to Purchasing Services 18 who then tabulated them to arrive at the final score for each firm and the final overall 19 ranking; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens and residents 22 to approve the ranking and authorize the City Manager to sign an Agreement with PFM 23 Financial Advisors, LLC., of Orlando, FL for RFP No. 003-1410-183T for Financial 24 Advisory Services. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and 28 confirmed as being true and correct and are hereby made a specific part of this C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\706ED13D-4B78-49EF-B84E-2280D5F495C6\Boynton Beach.11121.1.Approve_Ranking_and_Agreement with_PFM_Financial_Advisors_-_Reso.doc Page 456 of 1037 29 Resolution upon adoption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby approves the ranking and authorizes the City Manager to sign an Agreement with 32 PFM Financial Advisors, LLC., of Orlando, FL for RFP No. 003-1410-18/IT for 33 Financial Advisory Services, a copy of the Agreement is attached hereto and 34 incorporated herein as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of , 2018. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Christina L. Romelus 43 44 Commissioner—Mack McCray 45 46 Commissioner—Justin Katz 47 48 Commissioner—Joe Casello 49 50 VOTE 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\706ED13D-4B78-49EF-B84E-2280D5F495C6\Boynton Beach.11121.1.Approve_Ranking_and_Agreement with_PFM_Financial_Advisors_-_Reso.doc Page 457 of 1037 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FINANCIAL ADVISORY SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and PFM Financial Advisors LLC, hereinafter referred to as "PROFESSIONAL", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional services in connection with the RFP FOR FINANCIAL ADVISORY SERVICES; RFP No.: 003-1410- 18/1T. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section II —Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROFESSIONAL to proceed. PROFESSIONAL shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of three years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, two-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5. PAYMENT: The City will pay the PROFESSIONAL, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROFESSIONAL may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROFESSIONAL in the amount approved. c. Final payment of any balance due the PROFESSIONAL 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. Page 458 of 1037 e. The PROFESSIONAL'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. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, Page 459 of 1037 or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional 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 Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: PFM Financial Advisors LLC Attn: James Glover, Managing Director 300 South Orange Avenue, Suite 1170 Orlando, FL 32801 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. Page 460 of 1037 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 461 of 1037 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Professional Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 4632 of 1037 EXHIBIT A SCOPE OF SERVICES A. SERVICES RELATED TO FINANCIAL PLANNING 1. Provide the City with comprehensive reviews of its capital structure to include continuous reviews of outstanding indebtedness (bonds, loans, and leases) and provide recommendations relative to the refinancing or early extinguishment of said obligations. 2. The financial advisor shall assist and/or prepare cash flow analyses for each of the various major capital improvements included in the Comprehensive Plan annually. 3. Prepare Comprehensive Financial Plans, as requested, including a debt capacity analysis, debt ratio study, alternatives and innovative financing options, identification of potential revenue sources and methods of financing permitted under Florida law. 4. Provide the City with Financial Advisory Services on any requested financial issue that the firm can provide expert advice on. 5. Provide the City with advice on proposed and actual changes regarding economic development policies, tax laws and financial market developments that could affect the City's financial structure and the impact of such policy on the financial market's perception of the City. B. SERVICES RELATED TO FINANCIAL MARKETING 1. Provide assistance to the City in broadening the market for its debt. 2. Assist the City with consultations and presentations to rating agencies/credit enhancement providers to secure the most favorable and economical credit rating or to maintain an existing credit. C. SERVICES RELATED TO THE ISSUANCE OF DEBT 1. Develop plans of finance when requested for issuance of debt including identification of revenues available for security, recommended amortization schedule, cash flow analysis, aggregate principal amount of bonds to be issued, the timing of the offering, the definitive structure of the bond issue, and any optional redemption and call provisions. This study will include a review of alternative financing techniques, if applicable, a discussion of rating/credit enhancement issues, a recommendation of the method of sale, and solicitation of proposals for specific consulting services, as necessary. The Financial Advisors will not participate either directly or indirectly as underwriters in the sale of the bonds, nor have any financial interest, directly or indirectly in such sale, except as to compensation paid hereunder by the City. 2. Review of reports to ensure that financial related assumptions are reasonable and that such reports adequately address technical, economic and financial concerns. 3. Prepare a timetable and distribution list for bond issues and assist the City in coordinating meetings and conference calls. Page 463 of 1037 4. Provide advice and assistance, as needed, to the City, bond counsel, and disclosure counsel as to preparation of the necessary bond authorizing ordinance(s) and other proceedings including a Notice of Sale, if required. 5. Assist, as required, with validation of any bond issues through preparation of financial tables and exhibits and the preparation of testimony. 6. Assist the City in preparing its debt issuance for market whether the sale is made through a competitive or negotiated offering or any other type of sale. Through any method of sale, the financial advisor will assist the City's Disclosure Counsel in the preparation of the preliminary and final official statement that conforms to current acceptable disclosure guideline standards. For competitively bid bond issues: 6.1 Assist the City in preparing the bid documents, including but not limited to the notice of sale. 6.2 At the time of the sale, advise the City as to the best bid received, based upon the verification of bids, and recommend an award which, in the Financial Advisor's judgment is in the best interest of the City. 6.3 Assist in bid protest procedures, as needed. For negotiated bond issues: 6.4 Assist in determining the optimal timing of the issue. 6.5 Assist the City in preparing a Request for Proposal for Underwriting Services, if necessary. 6.6 Assist the City in preparing presentations to underwriters in order to fully describe the bonds to be issued, when required. 6.7 Participate in the evaluation of the proposals received with selected City personnel. 6.8 Participate in the "pricing call" and advise the City as to the reasonableness of the components of the underwriter's spread. For other means of bond procurement: As directed by the City. a. Provide for the solicitation of competitive proposals for printing the official statement, bid forms, and paying agent/registrar services. b. Assist the City in selecting trustees, paying agents and other financial intermediaries, as necessary, and assist in arranging for appropriate bond insurance as required. c. Advise the City on the condition of the bond market prior to and at the time of the sale of the debt. This activity should address market volume, general economic conditions and competing offerings on a national and statewide basis. d. Assist the City at the time of sale with the negotiation of the terms of the sale (fees, interest rates and interest rate yields, and redemption provisions) if such sale is negotiated or, if sold at competitive sale, review and verify all bids received by the City. The financial advisor shall also recommend to the City whether such negotiated or competitive proposals should be accepted or rejected for each bond issue and indicate whether the transaction terms are the most beneficial to the City for the type and timing of each transaction. Page 4764 of 1037 e. Assist the City, as needed, with coordination and supervision of the many events related to the closing for the debt issuance. f. In the area of short-term financing, provide the City with advice, guidance and assistance in bank loans, leasing, and commercial paper, upon request. g. The Financial Advisors shall be available to the City to discuss and make recommendations on such other financial matters as requested by the City, and shall be available for formal presentations to the Mayor and City Commission, as necessary. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Page *65 of 1037 EXHIBIT B FEES AND PAYMENTS Page 466 of 1037 REDDEST FOR PROPOSAL FOR FIMANCM ADVISORY SERVICES RIFP Na,- -14• 9,41IT PRICE PROPOSAL FORM PYOPOmrs�Sih0u'ld'uft thIm tuffn Tsar subn1ting 43 Fee1" I t subm itted identified in Vus ScoM of Mrkand as set forth,in.,this P document. The, PropoWar, annual fee, for fin ' a&A- pogy seotxm shall nermin, ffirm for the term of the t. �h o " reform Ia p eMAgreemen, utual a , nt between Contactw 2nd � re nt with 4,a%inal larms and condificma adheml to%m,n ,daM ,. e FIFE �. 1a Ft- Page . hour _ �.. n convnenis or addi I�kmaton to,fts n'0$appililaaki . LV rf my 161,m�t AUTHORtZED SIGNATURE ...... GloverTELE _ PRINTED ...i.,,,.. u Dimrtor PAGE TCS lit SUI 17 fOg pgopoUkt7,0 1, SID 2 Page 4637 of 1037 0 �WEI±KTME P._ ANO g 1,s rr PSI m TRAMSAttPON PFM Prolloses the fol'. rig ca mpansaton soheduFe on dot tro ioctudho GID Bonds,Revenue 90nds,NOn Ad Valorem Revenue notoa,bam,cApul lea® and mor debt oe Igatim wether texabig ortax-exempt,flied rata or varWbfea new Mor*Y or Wuncling, Compeolve or negotiated),, Wm that mul 0 series w"In a t, n 11 be tmoad as a trwBactions to uoarrmp __, le,for the added level of complsyAtya o M=) tncromentEJ F'pq Per 41.1000 t -2SAW $o'9 25,001 and 50,,000 $0,80 50,401 and over $0.5,0 Minimum Debt Tre of F $ 1710: Maximum DeM TransacWn F $75,000 For trarmaLtoqs that T@qwlre a Nmbri s=peGj servkas,pFMwill woo*wkh theC4Y on a,raid uced Me ftl18 miftaAlY SWOPtObs. PFS would mquasl r'sImbursemOmr Oul 01 poOtst expenses Incurred in servfatg the City as fto f namciaat advisor at ebtuaj Owt nal:toexceed$1,500 per , OTHEA SEMICE& The fjn"ndW sdvW"oomparr®atldo lomposed above not appty to °' related to pr=tamenj of bond proea eds FrryBatrnenteor Vie,s#rm�otu�nsd p ua o�� otaa to err!r rrra�r�#, o aartall t rant taa t for e ' serykes sham be negotiated as a f wmtf on of ft Cornproxity of the proposed ongagernsiq eM the apealf pay of GSTVt$6 VAOed. PFMAsset,Maregam, 9M,LL , g. rod:'r a traa nt advisor, rfter has City i full range of wmicturo prod mas Investment m-mag l and'artitrage wbtft,oompliance services. If n mid„theme �would be parkmad by PFS Asset Management LLC PurOuwdta a swarately nagotlasted letter a.graya merit., PFM` Agee', aMeMt LLC f UPY C1190108all 4411 fees.refuted to any transaction. Page 468 of 1037 REQUEST FOR PROPOSALS FINANCIAL ADVISORY SERVICES "Offers from the vendors listed herein are the only offers RFP DUE DATE:5/29/2018 received timely as ofthe above receiving date and time. RFP OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, RFP No.:003-1410-18/IT if any,are hereby rejected as late" VENDORS HILLTOP SECURITIES,INC. PFM FINANCIAL ADVISORS LLC 1201 Elm Street,Suite 3500 300 s.Orange Avenue,Suite 1170 Dallas,TX 75270 Orlando,FL 32801 Contact:Vickie Hall,Vice President Contact:James Glover,Mng.Director T-214-953-4000/F-214-953-4050 T-407-648-2208/F-407-648-1323 E-mail:ed.stull@hilltopsecurities.com Email:gloverj@pfm.com RFP DOCUMENTS SUBMITTALS Original(1) YES YES Copies(3) YES YES INTRODUCTION LETTER/LETTER OF INTENT YES YES STATEMENT OF ORGANIZATION YES YES MINIMUM QUALIFICATIONS MUST BE REGISTED IN STATE OF FLORIDA YES,VERIFIED YES,VERIFIED PROPOSAL RESPONSE REQUIREMENTS EXPERIENCE SUBMITTED SUBMITTED APPROACH AND CAPACITY SUBMITTED SUBMITTED LOCAL BUSINESS PREFERENCE SUBMITTED,NOT LOCAL SUBMITTED,NOT LOCAL FEE PROPOSAL FORM $0-$25MM-$0.95 per$1 K, $0-$25MM-$0.75 per$1 K;$25,000,001+= $25,000,001&$50MM=$0.80 per$1 K, BOND ISSUE FEE BASED ON PERCENT OF BOND ISSUE $0.60 per$1K $50,000,001+=$0.50 per$1k; Min.Debt Trans.Fee-$20,000, Max.Debt Trans.Fee-$75,000 Managing Director-$175 p/hr; FEE FOR ADDITIONAL SERVICES,PER HR,ALL INCLUSIVE Director/Vice Pres.-$165 p/hr; Asst. $195 p/hr Vice Pres/Analyst-$150 p/hr Reim b.Exp=$950 excl.out of state travel. Reimb.NTE$1,500 p/transaction PROPOSER ACKNOWLEDGEMENT YES YES STATEMENT OF QUALIFICATIONS YES YES ACKNOWLEDGEMENT OF ADDENDA N/A YES REFERENCES SUBMITTED YES;4 YES;5 ANTI-KICKBACK AFFIDAVIT YES YES NON COLLUSION AFFIDAVIT OF RESPONDENT YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED/NON-MINORITY SUBMITTED/NON-MINORITY CONFIRMATION OF DRUG-FREE WORKPLACE YES YES ACKNOWLEDGMENT YES YES LOCAL BUSINESS STATUS CERTIFICATION SUBMITTED,NOT LOCAL SUBMITTED,NOT LOCAL SCHEDULE OF SUB-CONSULTANTS SUBMITTED,NONE SUBMITTED,NONE STATEMENT OF NO SUBMITTAL N/A N/A Submitted resumes&Appendix A-Financial Advisory Transactions-Florida,Exhibit- Submitted W9&Standard FA provisions COMMENTS/OTHER Municipal Advisory Disclosure Stmt. Tabulated by:Ilyse Triestman 6.01.18 Page 469 of 1037 The City of Boynton Beach PROCUREMENT SERVICES 100 E.Boynton Beach Boulevard F.0.Box 310 Boynton Beach,Florida 33429-0310 961-742-6310 Fax: (961) 742-6316 rt NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFP NO. 003-1410-18/IT SOLICITATION TITLE: FINANCIAL ADVISORY SERVICES DATE OF NOTICE: June 26, 2018 At the public ranking meeting held on June 25, 2018, the Selection Committee for the above referenced solicitation scored and ranked the submittals as follows: Rank 1: PFM Financial Advisors LLC Rank 2: Hilltop Securities, Inc. This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to enter into a contract with the first ranked firm: PFM Financial Advisors, LLC. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFP documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: * m4 4 7Ii e Ilyse Triestman, CPPO, CPPB, FCCN Purchasing Manager America's Gateway t®the Gulfstream Page 470 of 1037 z Y N r z Q oC O Q O O O O O O O O O X 0 0 06 00 (M N to O Q 0) 0) 00 W 01 0) 0)N r O r Q O M �h d U W x o 0 0 0 0 0 O z< 000 OOO 00 J m LO N f0 H F Vo N zo O O o 0 0 Zi x F W Q 0 06 06 0 0 0 O 2 h C7 N Z W Y U aN �+ 000 000 0 � 0 0 0 0 0 0 � Q LU DQ 000 1- 0000 U) ~ F Z 000 Z C') o Q W W ec r r UM 000 OOO a M W U 0 000 O O O J F i d Q N O(M O(M N O(M N C a u < U z Z a LL Z a Z O Q z�" 0 7 �++ 0 0 0 0 0 0 J X �L Q y < M M co M M M a W W* LL W w O 0 N N w W W W Q LL Q LL � O w � � J Q �2O p Z_ 0 7 y N W > F 0 a' Q � J UQ z z W w U w U) Z N a 0 Q 0 0 � 0 -�. 0 Q o w Z o w D LL Q D J O Q K K ^Z O Q Q J 2 0 LL LL = 0 LL Z x d a d ORIGINAL May 29.2 1 City of Boynton Beach Request for Proposal for Financial Advisory Services RFP# -1 1 -1 WIT Table of Contents 1. Cover Letter 2.Statement of Organization 3 3.Minimum Qualifications 4. Proposal Response Requirements 7 5. Fee Proposal..........................................................................................................38 6. Submittal Forms .....................................................................................................40 7. Appendices.............................................................................................................42 W-9 and additional information..............................................................................43 PFM Financial 300 S Orange Avenue 407-648-2208 Advisors LLC Suite 1170 pilm.com Orlando, Florida 32801 Page 472 of 1037 ABOUT PFM PFIVI is the marketing name for a group of affiliated companies providing a range Of services.All services are Provided through separate agreements with each company.This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. Financial advisory services are provided by PFM Financial Advisors LLC and Public Financial Management, Inc. Both are registered municipal advisors with the Securities and Exchange Commission (SEC)and the Municipal Securities Rulemaking Board(MSRB) under the Dodd-Frank Act of 2010. Investment advisory services are provided by PFM Asset Management LLC which is registered with the SEC under the Investment Advisers Act of 1940. Swap advisory services are provided by PFM Swap Frank Act of 2010,and as a commodity tr 0 Advisors LLC which Is registered as a municipal advisor with bath the MSR13 and SEC under th Dodd- ading advisor with the Commodity Futures Trading Commission. Additional applicable regulatory information is available upon request. Consulting services are provided through PFM Group Consulting L . Institutional purchasing card services are Provided through PFM Financial Services LLC. PFM' sris octini financial m elling platform for tategfreasg s provided through PFM Solutions LLC. od For more information regarding PFM's services or entities, please Page 473 of 1037 0 May 29, 201 a II Triestman, Purchasing Manager City of Boynton Beach 100 E. Boynton each Boulevard Boynton each, FL 33435 Tab 11-Introduction Letter RE: Request for Proposal for Financial Advisory Services J_ PTM RFP No.: 003-1410-1 811T Dear Ms. Triestman: 300 8 Orange Avenue Suits 1170 PFM Financial Advisors LLC is pleased to submit our proposal to continue serving as Orlando, FL 32801 financial advisor to the it of Boynton Beach (the"Citym). We believe the superior qualifications and experience of our project team, as demonstrated first hand serving pfmxam as the City's financial advisor is 2010, uniquely quality PFM to continue assisting the City with achieving its financial goals. PFM's roots go back over 40 years. From the outset, PFIVI has strived to be a financial advisor that is very different from our competitors; an independent financial advisor with technical resources matching those of the most sophisticated all Street investment banks. Local governments around the nation have responded to the focus, resulting in PFM being the financial advisor Thomson Reuters ranks#1 in the nation as wall as the State of Florida int of overall issues and par amount as of 12/31/2017. PFM's independence is significant, but it is just the beginning of our qualifications. Several of PFM's key attributes whereby we seek to add value to clients are included below for the City's consideration: - eadin, ,Adv!Anr tn pinr- -- i : PFM currently(as of May 1,2018)serves as financial advisor to many Florida municipalities including: Boca Raton, Clermont, Coral Gables, Coral Springs, Daytona each, Delray Beach, Gainesville,Jacksonville, Leesburg, Marco Island, Melbourne, Miami, Miami Gardens, Orlando, Ormond Beach, Palm each Gardens, Panama it Beach, Plantation, Pompano Beach, Riviera Beach, St. Petersburg, Stuart, Surlside,Tallahassee, Town of Palm Beach,West Palm Beach and Winter Park. We have in-depth knowledge of the issues facing local governments in today's economy through our work with these entities on a day-to-day basis. In A b d in h ublic sector carries with it a mg the P' I ui t upon ou nov tv T rn aah"We e'leve a v P sac Iru t'and aur 0+year reputation is b r recommendations and ideas. F Inc r te 0 na artise with long-term financial planning, ra enhancer me ? 1 g M orpo s u r prof 10 Isex soph isticated model development, credit t n met strategies, and pricing nalysis to a vise CrCi s u lqu f c I cons! ri a d on the Ws un qua financial considerations as well as to seek Page 475 of 1037 it of Boynton each May 29, 2018 Page 2 reduced financing costs and risks in ever-changing markets. PFM's team is led by Managing Director Jay Glover, who is one of the most experienced finance professionals in Florida and has worked with the City since 2010. k Roo ne FM s inancle'advisor' aa � ' f 0Floridarm ' P p'o o ts with hat w believe to be highly effec Tra i 0 0'Pe� business continues to v d s our c"en w e ctive services, as demon trated by ourrankin as h 1 rank d financial at I t y advisor in the country forth as 9 fo 8 1 ears F 1 1 eare and in r the Mt 15 Source. Florid ri. Jar, we cotinua to ad , : Thomson Reuters—2017). In ICU ar, we continue to add clients and have grown our presence to da.in particular, n ti ji� t... 4 6..._. provide clients with the same level of service they expect and deserve. n I Ad R n nd h D dd�,F P rank�,A : Unlike investment banks t e 11 08 Ill r visor, M u lir v! or uat'o u tha sery s both and riter and fin ncla'ad PF f n ncial advisor and has a fiduciary relations hip wl;h our serves exclusively ass co a flicts of 1 Grest. Your P M 7 Wcts ve successfu r clients, avoiding potential n int F n ha ll� 5 lice 8 1 t lly obtained their MSRB Series a 5 n e and aree rMeg stored Municipal Advisors. Additionally, PFM maintains a compliance program to monitor activities within the requirements as set forth under SEC and MSRB regulations to serve as the City's Municipal Advisor. On behalf of PFM we are pleased to have this opportunity topresent our proposal to continue serving as financial advisor to the it . The it represents a very important client for PFM and we are committed to dedicating the full range of PFM's exceptional services and resources to the City. We would be honored to continue working with the City's forward-thinking and creative Yet fiscally prudent financing team,as it implements goaIs set by the Mayor and City Commission. The PFM team has assisted multiple issuers with successfully navigating the tumultuous economic waters of the past decade. We believe PFM's relevant experience and dedicated project team—as well sour decades of work in Florida, our national presence, our depth of knowledge,and Our commitment to acting as a fiduciary for our clients—make PFM the ideal choice as the City's strategic partner and financial advisor. Sincerely, Js W. Glover Sergio Masvial Managing Director Managing Director PFM Financial Advisors LLC PFM Financial Advisors LLC Page 476 of 1037 � �. � ��� i 1 � �', � f, �, i„ i I r { ' ' IIS f �� i � } I i r I �,���� �' �h��i �I� + � 'V � V4�� I� � o I " I ;, �� �t�� � , r� . ;, i�` '� ��� ,, E i 2. Statement of Organization A. nayne includInq any dba. PFM Financial Advisors LLC B. SU31,0 r f or, anfuz,�,imifflon or Delaware C" owrker'""AN"P structure iof Res�,,pondentls coirnpany., Uarsittid UsOUity C,,c�,inp flon, Corporation) Limited Liability Corporation 0. Ide-,rafificsfibn Numtmr 81-1642787 A copy of the W-9 may be found in tab 7. ,, .rt, tion for Respondent"s Co.,"'Pariiris he',�Wquarteinr,,�, 11 M a 1735 Market Street, 43rd Floor Philadelphia, PA 19103 215-567-6100 F. Contact linfarrnatIM11 for Resporident',s, Locw'0ff,!,r,'e(if anjr),. James Glover, Managing Director 300 South Orange Avenue, Suite 1170 Orlando, FL 32801 407-406-5760 LJ'S"t of offl'ct,,ra,owners ancitor partners, or nrmksgbf,gof tl�le firrm ln,':Iude names, addre,mses, ernall t ddress�egg,and pho�kr-m numbera,, John Bonow, President/CEO 00 Cheryl Maddox, Secretary/General Counsel dd 0M 1735 Market Street, 43rd Floor Philadelphia, PA 19103/215-567-6100 Cltyof Boynton Beach Request for Proposal for Financial Advisory Servion 1 RFP#003-141D-18/IT 3 Page 478 of 1037 0 K Any addifflormf ang 'ellzatlonal informaltion that 'ies to Snipplyto augrrWCra Itg; arf ,a,, .ndentwim, gianizational s;trucrture, Our original practice through Public Financial Management, Inc. ("PFM, Inc.") was founded in 1975 to provide independent financial advisory services to the public sector. In2014, asaresuit oftheU.S. Securities and Exchange Commissions ("SEC's") new rules for Municipal Advisors (born out of Dodd- Frank)our firm's corporate structure was reorganized so that municipal advisory services could be delineated clearly from other financial consulting services. Accordingly, given the regulation of municipal advisory activities,financial advisory services are now offered through PFM Financial Advisors LLC ('PFMFA"), which commenced operations on June 1, 2016. Financial advisory relationships previously with PFM, Inc. are now in the process of transitioning and being assigned from PFM, Inc.to PFMFA— which are collectively referred to as PFM's financial advisory business. This engagement will be serviced through PFMFA. At PFM, financial advisors, swap advisors and asset managers partner with clients totransform their world. Our clients have individual needs and our tailored advice reflects this.We have the flexibility to support ambitious client endeavors with teams that provide the creativity and collaboration that define working with PFM.We combine superior financial advice, disciplined management and ingenuity to build and advance clients' goals. Our combined expertise in these areas is of essential importance to our ability to provide the highest quality of service and commitment to the CRY of Boynton each. PFM is owned by the firm's 88 Managing Directors (a$ of May 1,2018), hos the firm's strategic direction. Individual partners are responsible for specific practice areas and also personally manage specific client engagements. James Glover, engagement manager for the it of Boynton Beach relationship, is one of the firm's Managing Directors. As of May 1,2018, PFM consisted of more than 600 employees in 38 office and professional locations throughout the United States. The combination of national municipal finance expertise and local presence provides PFM's financial advisory clients with a unique benefit: not only do we understand the regional and state factors that may affect our clients'financial situations, but we also can apply new and emerging municipal finance solutions from across the country. I Adma 600-0, EMPLOYEES 38 LOCATIONS City of Boynton Beach Request for Proposal for Financle]Advisory Sarvices I RFP#003-1410-18flT 4 Page 479 of 1037 0 L Crontaran �Infcwmaflon for RPondent',,s Primary di.,wfing this RFP PFM's Orlando offices are comprised of 11 professional municipal advisors and will have primary responsibility for City's engagement. James Glover, Managing Director 407-406-5760/2-10%ndqVm.com 300 South Orange Avenue, Suite 1170 Orlando, Florida 32801 J. infor,71afionfor Responden't's Secondary re;o-Aofier., filve during this RFP p, cogs, Sergio Masvidal, Managing Director 786-671-7480/masvidals 0 r.,jf m.com 2222 one De Leon, V Floor, Coral Gables, FL 33134 K, Briodfly surnmarize any potentiaj c4jr ,011p cy,'-' In'terest ,, Pending or cur,,wtt 11tigation relatingtothe per'sho,rn1wrtcle od requnasted financial advisary 99riviciss.1n which Respondent 11a a pNert'hO, Disc,:Irwsee any clMu-MAtance whoare the colkduct c-4the Re,%sipomdeirvlt,1,s,,being invesfibg,-alad or'has had an adverse detmerandination by any legal or admin'sh"attive body. PFM Financial Advisors LLC has no conflicts of interest and is not a party to any pending or current litigation relating to the performance of requested financial advisory services. The are no circumstance where the conduct of PFM Financial Advisors LLC is being investigated or has had an adverse determination by any legal ora initrtiv body. On May 21, 2018, Public Financial Management, Inc., an affiliate of PFM Financial Advisors LLC, was one of several defendants, including law firms,an investment bank, and an engineering consultant, named in a complaint related to advisory services Provided more than 10 years ago on an incinerator project in Harrisburg, PA. The matter has only recently commenced and discovery has not yet begun, however, Public Financial Management, Inc. believes that the claims against it are both legally and factually without mM. L, Prc,'ovide details of ar-eq, a�tfflelid -11hH'to changes to Respondent's orr gangz,jj,flon in the pjtjjt three Ayears or charnges a-Miciplated witiiln six,irrro'n'ths of the Due Dalke and Thnne ' ' lnexecuftve 119-9-, mW7,,gers,acqU4181flons,changes There has been no ownership changes in the past three years. No changes are anticipated within six months of the Due at and Time. MY Of BOVntOn Beach Request for Proposal for Financial Adv1sory SorvLms I RFP#003-1410-18AT Page 480 of 1037 'i it 1 �I P i 1£ f V"-i j',�� �� �� � I fi-. �I�'1 � I Ii � ' d ��, ', � �{ Yi 5H { r � ISI ,,, 44 r I �, i ��I 4 i I" ..; r ����� 5 I;', I� r i � i 0 &MInimum Qualifications Eest+t.- Imp spandena ghaHrA,,wbnrs.,Rr infiormation and doci,,�merqgt,cpn?erqiuestedthat confirms ft fneel,.s th fi,011o,winq quallficatloon jrequb"ement(s),, C)f M, Miflert be, re-gistored with the of Florida, UNd',dan OWPOratiwneto do btisiness In Modda, I a 0j; � ')� ip 3�_pL_ PFM Financial Advisors LLC is a Delaware limited liability company and is licensed to do business in the State of Florida. As required by the Dodd-Frank all Street Reform and Consumer Protection Act("Dodd-Frank"), PFM is registered as a Municipal Advisor under regulations issued by the Securities Exchange Commission ("SEC") and the Municipal Sscudtios Rulemaking Board (OMSRB"). PFM Financial Advisors LLC ae-v9dtles and Exchanae Commission SEO—ke�NoB67.'62_63 Municta_lSequrities Rulemgkin-, Board fflvl's MSRB ID Number: 11 Registration Type: Municipal Advisor PFM Financial Advisors LLC is licensed to do business in Florida. Assigned document number., M16000004976 City of Boynton Beach Request for Prop osej for Finan cw kMaory ServLoes I RFP 0 OM-1410-IOAT Page 482 of 1037 I� � I t I y � i i �.. j,,�.. �+1, � � P ,� . � i ��, �� I I �. ., iri �' y i '�' 1 � 11 `„. I;, . ' � 1 �'r..... ��� i ,. � I l� � _ �� �y �a��; I ,. ,, ��,. , f. i i i t �, i �1 ,.. � , l ,� � ,i I i L i I w ! � �' ��� f� �' 't'� ,1 i �V� i i 1 �, 0 4. Proposal Response Requirements A. EXPERIENCE L,Subrrdt a dt',�,,[W'Ied narraflove description docunnenfing Respondent"'s aw@redl background and �0XP'f,-,r1CnCe't0 irlclude, but not! lArnited to,the foftwing: a, Prc,'wide experience wilth similar f lnanc'aj advisory services in Florlda,antd with cyther rmunicipa lihtlkSs of sirnflar 91,zve,and characte"'Fistice of thie City in 'reistion bo tho scopri &services being requ es t e d , PFM's financial advisory business opened Its first Florida office in 1986 and has been providing independent financial advisory services to Florida issuers for over 30 years. During this time.we have developed expertise in providing services to meet all of the financial needs of our clients. Our approach has resulted in the firm continuing to add new clients while maintaining existing clients, as shown in the table below, which provides a representative listing of our current Florida clients (as of May 1, 2018), with Cities highlighted in the red box. It Alachua COUNTIS1 SCHOOL 013TIRKTO 7RANSPORTAMON, Soco Roam*Boynton Beach Alachua®Bay Alachua,BP,7mrd JacksonvilleAviation Authority BroolandleaCiginearij Brovard Citrusecolumbla Jacksonville Seaport Authority Cocoa Beach a coconut Crook &ward.Clay Ouval s Flasher Lee County Part Authority CoralGathes Collier u Fatillier Hernanda i Lake Owloosa County(Northwest Coral Spring,Crystal River Highlartfs-Lake Mangles a Marion Flarim;Regional AI Daylons Beach.DeBary Loon. Marion Meft a liamd-Ceds Odando-orangs County Delray Beach Mooril-code a Monroe oranee a carcrost Expresswayfimmorls, Coral a vadhor Beach Orange a Osceola Paler Beach Hiledscrough CountyAvlatlan Fort wation Beach Poem Basch. pascossarasato Authorfly OWnesvft-Golden each Sarasota Santa Ron&Ssionsis Tamps Port Authority Green cove springs, St.Johns-St Lude volusla a Walom Hallandale Beach a Hialeah Vchusla Jacksonviffe-Key West VLATE OF FLORIDA HONER BDUCA110N UTIU11TIES Lake Wales-Lake Worth rilVelon of Bond Finance EWmrd College Gainesville Regional Utilities Leesburg a Margate D�jmrftnerg of Transportation Edk*n State Collatits Jacksonville electric Madeira Beach Em"We Aeronadians Authority Moboume a Melbourne Beach i,)'TiiER,kUTI,,iC�R.IT-Irlls Univerally Orlando Utliftles Commission Miami,Now Port Richey lostFlorida Gave Flaglair Cclage North Bay Village mmarem Oldsmar a Orlando Financing Commission Florlde Southern colibas Ormond Beach*pwthim Sunshine State Jacksonville Unfoorofty HEALTHCARE Now Cofte Icahn Beach Firran: I 01=0mnsamon No"southwestern Undraalilt Brooks Roliabilkofion Palm Beach Gardens MS Jackson Heakh system Tampa Say Water RJn$IV College of Art P a City a Plant City and Deato North Broanuel Hospital DIshict ntation e Pompano Beach OPECAL OISTRIC1'S Saint Leo UnIve" Ong Blood,Inc. Riviera seach Alachua Library Behict stamon University Orange county Health Sateirds Beach a St.Blood University of North Plosda Facilities Authority SL Pet burg a Sanibel Blueprint Intergovernmerals SebrIng a Stuart Agency University of South Food@ Sunrise*surarme South Favale Water Management UnIvershirol"panies Un Tallahassee a Tallarm Springs District herallyof West Florlds Terople Tanana*ThusvNe VM1090 of North Icahn Beach -,�d'erA ei for ru- see&td 4-:ita nv Wesre;restn'!ar"t Icahn Beach e Winter Haven ar"1 vv'C-"�-,0 a f Go r�-�o as �1""d�ec r(a calfflarGarden 9 Winter Park Wkftrsp _Wert Mm� rtngs City at Boynton Reach rikauffin for Proposal for Financial Advry services I AFP A -1 410-1 adT 7 Page 484 of 1037 As the Preeminent fin nci I advisor in the State, we are very proud of our long historyi clients in the South Floridaregion. The map belowit the i r nt cities, counties, n th r issuers we service in the South Floridaret. We serve more clientsin this region than any other fir m, and as such believe we arewell positioned to continue in the it ton Beach. c F � Mft r fr z ioca Retain a Boynton iaadr "%,Wb Corel Gobies a Caul Sp s t Dalray Beach a Daryl Golden Beach.Hslardele Beech ifDlesh.Mlami E`rEye° I%lm'Beach a Palm Beach Gardens Phntation a Pampena Beach �Orlendo Were Beach■Sunrise a roca PrIr, Surfside a W"t Palm Basch ' Braward a Miami-!Jade n„� ''D,P)l�:i : Manroe a'Pelm Bosch Narffi I mmrd Hosplizil DWct "f �ws neii �I womilawlsh HeaNh �S IPigw Bruarard a Miami-!Jade a Palm Nod+ a I,E, ®em le h 6 r I 4*' South RarMa Water Management MODistrictM �r. 'i. Ronda Internedond UnlvarsMyaNava So m UnMvsNy City of Boynton Beach u t for Promal for Flnanclai kmeory Se I RFP# -1410-1 IT Page 485 of 1037 �7 LL E LD 82 CL,D E -0 C r c �E C— 1 1 '1 6 A Z 0z z c z z z 0 Q .C .N m V CL 0 L_ 0 EMHE E 69 r z z I I I Ow z azzzzazz z 2; Ad FL_90 A CL S E ISISCOUl c w1clal g 1 g m am N d 0 N M Lninn, A m D '0 W ry LL CP C: 0 CL C: 0 CIO 0 0 N. 4 wLL E E cc 0 UR Nn R 153.RN. � ry 'r=L 1,44 A a LF 0 LL , j 11 a f 13 c: r � 9 4 co f- FE .1 Uc c 1 :-;2 E-Ic IsH M M .1 & mm z d) & a w & EM 43 a .2 -9 .2 Ill Ing I MCIII cm b 0 % is Is V 996 a cwm 0 m cl a .0 -Eg1, 11"Illa - I Eli 0 E 0 0A ac CL r 13 06 17� w W: CL Page 486 of 1037 0 b., describeth `8 ratIt"GIIA Of actIVIUAHR Pejrfcarniad by the off ice doing,firie reqtflred As client's needs have evolved and expanded, PFM's financial advisory business has developed a wide range of expertise to assist clients. Each affiliate was created to provide the proper regulatory and operating structure. The core financial advisory services will be provided by our financial advisory team and will consist of bond or loan-transaction management, debt-portfolio optimization, capital planning, rating agency strategy, debt and financial Policy development, among other services.At the same time, the City pursuant to defined tasks,separate agreements, and fees has access to our affiliates that assist with asset management, swap advisory, arbitrage rebate, verification reports and other related services. Each of these entities was created in an effort tooffer clients services needed to address opportunities and challenges of an ever changing market landscape. PFM Odin Porn M%W4MrACW*ff 010 d5wW ft%ftApnQYXr@S Paz=.1111, XAh&nGWWAdvft*nv manwNnt Marapmm, cap" PUW�PdVd*Pa?V"Mh1PS TMasvryMsnW2GK (P3@1 NNOMMM LAbcrandWMW9rMCQn*L0dn9 ftrufflaNuden" PFM includes Public Financial Management Inc.and PFM Financial Advisors LLC (001180thmly.PFM)both registered municipal advisors registered with the Securities and Exchange commission("SEC,)and Municipal Securities Rulemaking Board('MSRBI under the Dodd-Frank Act of 2010.PFM Asset Management LLC Is registered with the SEC under the Investment Advisers Act of 1940.PFM Swap Advisors LLC Is registered with SEC or MSRB as a municipal advisor and Is registered 88 9 Commodity Trading Advisor with the Commodity Futures Trading Commission. Services provided by affiliates of PFM are provided pursuant to separate agreement. CRY Of BOYnton Beach Request for Proposal for Financial Advisory Services I RFP 0 003-141 D-1 SAT 10 Page 487 of 1037 0 a. Awards, or other reIIzd,%tNd recoT,;nItIon, National Market Lmder PFM's financial advisory business'national reputation and consistent growth are evident in our ranking as the nation's top financial advisor in terms of number of transactions and par amount for 19 straight years (Source.-Thomson Reuters). From 2016-2017, we served as financial advisor on 2,114 transactions with a par amount in excess of$178 billion (Source., 1preo). any firms may claim to be the top-ranked advisor, but we rely upon factual data from industry standard databases such as Thomson Reuters and I PREO to demonstrate this standing. 10-2017 Ovarall Long Term municipal Now immea MzkW Rrawlal Advisory Parftv-Full Oid to&ch PhnwiclW Advisor Source:km Rankell M Musetl Y1Willions PFN 2,114 fo r Public Resources 321 170.582 107.111 Hilltop Securities 1,902 95, Consecutive Acada Pin Group 278 35,05 PiporJeffray 401 18A03 KNN Public Finance 144 17,656 Montague DeRose 68 15770 Kauh an Hall 71 15dag Ponder 88 IBM&Hinolosa 101 13,S55 Florida Kap_ftl Leader urn tion I market presence is enhanced by our presence in the State of Florida being ranked#1 for 15 consecutive years (Source:Thomson Reutem). From 2016-2017, we served as financial advisor on 139 transactions with a par amount in excess of$12.5 billion (Source. 1preo). As such, we are extremely familiar with relevant Florida law and debt management practices. 2010-2017 Florlda Overall Long Term Municipal Now 1 # WnIaliNd Rnawlal Advisory Fkrkng-Full Omdk to Ewh FhW=W Advisor Ranked Source:Wes in Florida for PFM lagti ti Hilltop Securttles 20 2,W3 Raymandulames 15 a 2.572 consecutive Ponder 6 1,57b years Public Resources Is 1,575 Frames A Assoolates 4 1,542 Dunlap A Associates RBC Copilot LIM 1 1,037 Kaufman Hall Ford&AssodWas 1 B 022 City of Boynton Beach Requamit fbr PrOPOSW for Financial AdvISMY ISSI'VionI RFP#003-1410-IOAT 91 Page 488 of 1037 0 IL Submit a de.-taliked narreAdve descrIpAlan documen-U."ng, 'W"Iespondent's mspqcffic experience Includ5ng, but not 111mganj tx-,,the foflfcun,Igr�g: as Knowledge of plaflnflrog and wh'ile demonstrating adequate,experjf4pvace, organizatior,.., equl�prnvsnt and personnel to ensure porcwnpt and effillcie�nt to tI, C y Bowntcm Etesch, of I Background 41n desigr,drIM MWernenting,, and monitoring of the financing element,of capiltal InnProvements plan. c. Expedence spe,cificrelated to,debt capiAcity analyaii'%, debt ratifo study,alternativems and inknovative finaricing;q loru,,;, Identific,,nalofil of Potential rl'awenue sources and methE14.1,118 Of finaincinig Perm ii Itted pt fumder Florida h1w. At PFM, we believe that as a financial advisor, we should play an active part in designing and executing the financing strategies of our clients.We see ourselves as both the client's partner and agent in helping to achieve theirs ecific goals. Our job is to make the it aware of suitable options at its disposal and their potential outcomes, and our goal is toprovide the it with the tools it needs to craft a financing strategy that will lead to the lowest-available cost of borrowing, be consistent with the Citys broader policy and financial objectives; and fit with existing Policies.We provide a forum for ideas, an environment for testing conventional wisdom, and a platform for forging performance-improving strategies. Most importantly, we will help manage the process and execute the transactions. When serving as financial advisor, PFM's financial advisory business takes an all-encompassing approach, ensuring that our clients'best interests are taken into account during each step of the bond issuance process. This begins with the creation of a team that consists of the optimal group of professionals who or all the way through post-issuance compliance on an ongoing basis.Within this section we provide a detailed description of this approach and how it benefits each of our clients. Cr9atIp9_!hIjpgIIMgLI"m PFM's flexible project-oriented approach to staffing engagements enables us to bring the proper mix of resources and experience to a client's issue or transaction.This may mean bringing together several members of the same advisory practice or it may entail organizing ata from several different practices and offices. Our specialized project teams ensure that our clients receive complete and thorough advice directly from the PFM professionals most appropriate for their particular needs.This approach fosters creativity and innovation between PFM professionals and clients. First,we designate specific team roles and responsibilities. Second, we marry these roles according to professional expertise needed to meet the scope of services.The core team proposed to serve the it is built upon a foundation of senior professionals located in our Orlando and Coral Gables offices.These individuals advise regional issuers and jurisdictions within the to of Florida. Together,they offer a mix of expertise in Florida public finance and the professional skills needed to advise a client such as the CRY. CltVof Boynton Beach Request for Proposal for Financial Acmeory services I RFP#00-1410-18/IT 12 Page 489 of 1037 0 ,PI an of fina 39P Deveic ment ip The development of the most cost-effective financing plan available—as outlined in the table below— i a key strength of ours. Throughout the course of the financing Process, PFM's financial advisory team will compile a set of the City's unique attributes that we believe will prove valuable in our negotiation with other market players for the best-available terms for the it . PFM Responsibilities ObjeeNve(s) Ensure consistency with formal written debt policies and 1. Develop Financing and procedures. Debt Objectives Sort parameters for measuring and making specific financing decisions. Demonstrate sophisticated financial management. 2. are a Debt Profile Update comprehensive review of all outstanding indebtedness. Identify potential cost savings and other beneficial debt strategies. Provide comprehensive review of bonding authority and bond 3. Review Legal Structure covenants. Identify opportunities for financing flexibility within credit 4. constin Analyze Future Debt rats. Capacity Determine ability to raise future debt capital. Identify rating concerns and/or opportunities. Ensure a complete understanding of all anticipated capital needs 5. Review Capital Budget in this changing plan. Match sources of capital funding to infrastructure needs. 6. Identify Financing Inform issuer of pros and cons of different financing techniques. Alternatives Outline potential financing strategies relevant to specificp ject. 7. Develop Final Financial Document policies, processes, alternatives,and results. ro Plan ormally recommend optimal financing plan and solution. CRY Of ftynton Beach Request for Proposal for FinancisdAdMaorySiervices I RFP#OM-1410-18AT 13 Page 490 of 1037 0 Transqqkn_���, AS the plan of finance is refined, PFM will begin to lead the financing team through the transaction management process, as outlined in the table below: Action Objective(a) 1. Develop and Monitor culServe as a plan for timely completion of financing. Shede 2. Analyze Debt Structure Design a debt structure that maximizes market interest and future Alternatives financing flexibility while consistent with debt policy. 3. Review Existing Debt Identify strengths/weaknesses so future debt issues can be Structure structured to maximize ability to finance future capital needs. 4. Recommend Negotiated or Tailor debt issue to the most efficient way to market debt and Competitive Sale maximize investor interest/minimize interest cost. 5. Assist Issuer with Selection of Working Select team that can most effectively bring the issue to market. Group Members S. Develop Terms of Ensure credit quality and present terms are attractive to investors Financing in order to create broad-based interest in the debt. Maximize future flexibility. 7. Review Financing Monitor that all contractual and business terms are reviewed from Documents the issuer's perspective. Coordinate institutional investor" d shove and/or enhanced 8. Develop Marketing Plan bond-Issue advertising. Assist issuer seeking to maximize underwriter and investor interest in securities. 9. Develop Rating Obtain highest-possible credit rating available for debt issue. Presentation Formulate and implement long-term credit rating strategy. 10. Assist with Sale of Assist in obtaining lowest interest rate for given market. Bonds and Evaluate Provide written documentation of acceptability of bond sale. Transaction Complete pricing analysis. 11. Assist with and Assure complete compliance with all market and regulatory Closing requirements. City of Boynton Beach Request for Proposal for Financial Tory Ser*ea I RFP 0 -1 410.1 a/IT 14 Page 491 of 1037 0 This timetable outlines an example of the steps Cffy OF LAKE WORTH,FLOREDA employedby PFM to General Obligation Bonds6 Series FWANCIES SchEduk-May 21,2418 facilitate the sale and tin of Current m .. �` c 1 a r public offering of debt. PFM serves as the a x a r k € 2 € :""„ aA 27 ,me g m aa' Grp o quarterback of the �„ .. ,,.� financing team and nam coordinates the entire 1 UI process.The value added M's Vis ;,°F by PFeach Burin a ch phase of the transaction results in the I ��:r"s,ofNfimy,�i Doct��E,..,t s Review s=els F��,s, �til ..0 achieving the lowest Via,,,°:., 'j ,.1 r A a,l a„ BC overall borrowing cost M l "EhYaAl MRsur,: , x , T u,= Ani,n U] now �aOS' -XII available. fsa- Msuibute,,todrg piss ao' #irs f ,:lr: <': FA As PFM workswith the sr e 4 1A .n-c"na s v'm a'dil fl`a x-deli AU City's team to develop June.4 Final Dornmenn to City for Agenda Paeleage BC DC.FA plan of finance and then V f with a 01 h, e ISE1- r,,6 w,�,a r Ti1,, s x" ` financing strategy, there June 14 Comodulon Approraf of Bond Rmofutiou f6 pm) City are several key elements home a: A that are consi r d. f ,� ���g,„� 4 "ume r f significant importance : P,w9fi.!` ie. ...std:-35. '` �"A r i the time that goes into the Juirn"27 POSDC preparation Of documents a; r,° C unpedri e I&Aha.,Te R t iv, me gilds:,'an v-rte f'kwgkl 10q... to et needs of both Week o T 23 pmchwiisg t choslag policy and credit structure. documents , fiaanwian AdThvrNNW,s„way art 33 dgw;mma.bmc BC Bea4 c are r for publihwurpc , debt offering, City staff and PFM will work together sre the initial ratings c e is complete n provides sufficient detail regarding the credit strength, project significance,and management strengths to gamer the highest possible credit rating that is warranted. i it r approach exists for bank loans, but the credit process i specific to eachpotential bank instead of an offering document that is required fora bond transaction. Timing the bond sale will incorporate consideration for the primary issuance debt calendar, l nne release of economic data, and geneml interest rate levels. If the City is issuing fun in , our investment management affiliate, PFM Asset Management LLC, can assist the City in t he implementation f the optimal escrow structuring strategy(highest yield on escrow investments net of City of Boynton Beach Request for Pro al for FInarcial A&lsory Servion I RFP 003-1410-18/IT is Page 492 of 1037 0 costs, to increase realized savings), and time the funding of the escrow to reduce negative arbitrage without a pricing penalty. If a bank loan financing is deemed optimal, PFM will work with its staff to support scheduling the Request for Proposal ("RFP") release and approval/closing dates seeking to optimize the financing's attractiveness to potential bidders, and to allow for multiple terms and conditions to be evaluated. In the selection and approval process, PFM will outline clearly the risks and benefits of the different financing options proposed, and make a recommendation based on what alternative best meets the City's objectives. Bond Pricing When pricing bonds, PFM offers the 2M6 Full Year Overall Long Term Municipal Now Issues it a unique blend of all Street PFM vs Undwwrftm MuWdPd FhMZKW A&bWva UFWWW&u RwAlq knowledge,technical resources, and Fultz Bull,Equal If 70fa@F dal A&Uon Trap Jaaaamk@ to EUh Eccknmw an independent, local fiduciary Soum ThDramm Haut= Perspective. As indicated in the chart PFM 1,197 74,676.8 Ban to the right, PFM is the most active Lynchk°f"""dam Mefflil SIB 65,916.1 financial advisor in the country, and is cm U9 4s 695.9 a more frequent market participant J P MaFgan Securldes LLC 40 41,510.2 than even the largest investment MOMan Stanley 33,BM3 banking firms. Wells Fa Mo L Co 26,006.4 One of PFM's greatest strengths is our RAC Ca M® 717 25,606.9 in-house Pricing Group:a dedicated SUN Nicalaw L Cc Inc I,M9 16,827.9 group of advisory professionals whose R.,.wj.,. am 17,MA job is to follow primary and secondary 0,j,ya IRS 17,06&4 municipal market activity and to interact with the underwriters'desks on behalf of our issuing clients.The group is located in our Charlotte, North Carolina office. We are in the market on behalf of our clients an average of three times a day, and this constant presence gives us significant advantage over other firms when it comes to bond pricing. Our size and market presence give PFM the knowledge of a major investment bank with the independence of a financial advisor.The sole responsibility of our Pricing Group is toprovide our clients with the analytics, market knowledge, and insight to obtain to best available interest cost for their transactions. PFIVI's dedicated to of pricing professionals provides clients throughout the country with centralized access to market information and trends, including coupon structures, call option valuation, and spread relationships—this helps ensure that our clients receive the beat Possible pricing for their bonds given current market conditions. Furthermore, the Pricing Group's constant presence in the municipal bond pricing process is foster professional peer-to-peer relationships with underwriting desks, as well as a better understanding of the internal workings of the underwriting process at the underwriters. City of Boynton Beach RequeM for I'mPosal for Financial AdWwry Services I RFP#003-1410-18fiT 16 Page 493 of 1037 0 PFM couples this market knowledge with our own proprietary analytical pricing tools (e.g.,Option Adjusted Spread analysis)to develop our own pricing targets, independent of and before the presentation of the underwriting team's consensus scale.Whether a negotiated or competitive sale, PFM's role simply is to seek the best results available.This includes structuring, marketing,and pricing a transaction. Regardless of the choice of a negotiated or competitive sale, we will run the numbers and prepare the sensitivity analyses necessary so that the it has an independent evaluation of the pricing. Post-Issuance Reporting/Compliance After each transaction, PFM customarily'prepares a financial advisory report, providing clients with a summary of the transaction including the financial alternatives considered, the financial impact of the transaction, and a comparison to similar deals that priced within the same timeframe. Part of this post- sale analysis includes detailed information regarding the pricing performance of the bond sale. This detailed analysis includes a review of the City's prior transactions, other transactions in the market that priced within the same timeframe, and a summary of the pricing in comparison to the pricing model. PFM will compile this information for the it as part of the"Financial Advisor's Report,"and also will identify then-going administrative requirements over the life of the transaction. 11T,Submit a detwiled nery.0five 6.0scIN"ptlion documenting expoerience of the key Personnel pr*pos'ed by Beepondent's to inclucite, but not fimitisypl,j,,f)the folillowirlg* a. Provide brief,mesuine ftor emach per'son to be assign edNO the wit emphasdi's on&rIancial advisory se�vj(;#.19, r 90'v,(-&rr'Anr-wntf,1_1 units, PFM creates customized project teams for each engagement. In doing so, we take into account a number of unique factors, including the types of financings completed by a client, complexity of expected assignments, and geographic constraints. For the it , we have assembled a to that will or to meet the City's unique need for: (i) multi-faceted strategic advice rendered with-strict independence; (H) extensive experience Processing financings; and(Ili)the most sophisticated analytical and financial modeling support. The to outlined below is very familiar with the it and has demonstrated the ability to work effectively an a wide range of assignments. James"Jay"Glover, a Managing Director in PFM's Orlando off ice,will serve as EngagemenVAccount Manager and will be responsible for project management on a day-to-day basis. As the Engagement Manager, Mr. Glover will to the lead role in providing the requested financial advisory services and be responsible for review of all work products competed by PFM1. Mr. Glover specializes in Florida municipal finance for cities, counties, school districts, and a variety of authorities. Mr. Glover has managed more than$15 billion in financings over the last IS years. Sergio Masvldal, Managing Director in the Coral Gables office will provide senior project support for the City's relationship. Mr. Masvi is one of the most seasoned finance professionals in Florida, providing financial advisory services to a vast array of cities, counties and school districts managing in excess of $10 billion of debt transactions during the last 15 years. City Of BOYn each Request for Proposal for Finarwial Advisory Servion I RFP#oo_,L1410-18fiT 17 Page 494 of 1037 0 Pedro "Pete"Verona, Senior Managing Consultant in the Coral Gables off is will provide senior project support. Mr. Varona has provided the transaction management services and technical support for many of the firm's Florida clients over the last 5 years. Tyler Calderone,Senior Analyst in the Orlando office will provide primary analytical and technical support for the engagement. Resumes: Jay Glover, Managing Director Engagement Manager Mr. Glover is a Managing Director in PFM's Orlando, Florida office. Mr. Glover has assumed an active role in providing Project management services to clients throughout the Southeast. Over the last 18 years, Mr. Glover has been one of the most active financial advisors in the southeast in terms of both total par amount and number of transactions completed. He has taken an active role in working with clients on new money issuances, refundings, pooled financings, derivative products analyses, and innovative financing solutions. The clients that Mr. Glover serves are located in the southeast and include cities, counties, school districts, and a variety of authorities. His project finance experience includes water and sewer, economic development,transportation, education, public power, solid waste, and special assessment programs. Mr. Glover currently serves as project manager on engagements with the Cities of Boca Raton, Delray Beach, Town of Palm each, Palm each Gardens, Hallandale each, Coral Gables, Panama City Beach, Marco Island, Melbourne, Titusville, Cocoa each, St. Petersburg, Gainesville, Ormond each, Winter Park and the Sunshine to Governmental Financing Commission. Mr. Glover has expertise in conducting competitive bond sales and negotiating pricings for both tax- exempt and taxable now on and refunding bond issues. Since joining PFM in 2000, Mr. Glover has served as project manager on over 500 transactions with a total par amount of over$15 billion. Mr. Glover has worked with the it of Boca Raton, Florida to help improve its water and sewer system ratings to AAA/Aaa/AAA, making it the highest to system in the country. in addition, Mr. Glover recently assisted the City of Coral Gables with regaining its AAA/Aaa/AAA status that was lost in 2004 when reserves were spent down below acceptable levels for this rating category. Mr. Glover received a Bachelor of Science in Business Administration from the College of Charleston and a Master of Business Administration from the University of South Carolina. Mr. Glover is a registered Municipal Advisor Representative (Series 50). City of Boynton Beach Requem for Proposal for RnandaIAdWs0rYSsrvIM I RFP#003-1410-18/IT is Page 495 of 1037 0 Sergio vi I, Managing Director Senior Project Support Sergio Masvidal has assumed an active role in providing technical financial advisory support to clients throughout Florida and the Southeast, with a primary focus in of Florida. Mr. Masvidal is one of the Most active financial advisors in Florida int of both total par amount and number of transactions completed. Mr. Masvidal has extensive experience, having actively managed over$10 billion of bond transactions. Mr. Masvidal's clients include a variety of Cities, Counties, School Districts, Special Taxing Districts, Utilities and Transportation Authorities. In his role as project manager, Mr. Masvldal devotes a significant amount of time Providing financial advisory services to cities in out Florida and along the coast. Mr. Masvidal has expertise in project financing, having helped develop long-term financing plans that create innovative and cost effective structures. Part of this process includes a comprehensive evaluation of available security pledges and complicated strategic issues, as well as providing guidance on credit structures and developing the credit agency approach for issuers. Mr. Masvidal graduated from Muhlenberg College in May of 2002, where hof or earned his BacheI A rl:s in Psychology. He is a registered Municipal Advisor Representative (Series 8 5o). Pedro"Pate"Varona,Senior Managing Consultant Senior Project Support Pete Varona, Senior Managing Consultant in the Coral Gables Off is will provide technical support for the City's engagement. Mr. Varona has provided the transaction management services and technical support for many of the firm's Florida clients over the last 5 years. Mr. Verona woft in the general financial advisory sector, providing technical and quantitative support for various clients, with a strong focus on the South Florida market. His present duties include structuring,sizing, and pricing new money and refunding municipal bond issues, including providing project management support for engagement managers for various clients. He is also involved in assessing municipal issuer's outstanding debt and performing analysis of refunding opportunities. Mr. Verona graduated from the University of Florida with a Master of Arts degree in International Business, as well as a Bachelor of Science in Economics. He is a registered Municipal Advisor Representative (Series 50). Tyler Calderon%Senior Analyst Analytical Support Tyler Calderone joined PFM in 2015.Tyler works in the general financial advisory sector, providing technical and quantitative support for various clients. His present duties include structuring,sizing, and pricing new one and refunding municipal bond issues. He is also involved in assessing municipal issuer's outstanding debt and performing analysis of refunding opportunities. During his tenure at PFM, he has provided support on over$2 billion in financings. Mr. Calderone graduated from the University of Florida with a degree in Finance. Mr. Calderone is a registered Municipal Advisor Representative(Series 50). MY al Boynton Beach Request for Proposal for Financial Advisory sarvJ008 I AFP#DM-11410-19ln' 19 Page 496 of 1037 0 b, Pin.')Vlde nerppcjntsl I a Parr Non''ba'-act az a prirnary contact with ttj,g Cjt�,j Br,y, j rgfjI Tlli,s,pe.Nfzojj or baclt-,up shall be readfiy available during; normal work hourel by phone or in person, and sha,'U be '.aab kncwipJrq-9 le,,Of thz,'�IerrnsW'the contract and the serVic,*IMing F),rovided, James Glover, Managing Director in the Orlando off is will serve as the primary contact for the City's engagement. He is knowledgeable of all of the services required per the RFP and readily available to provide such services in a timely and accurate manner. Indleate ourreamt workload and the OLMINtt,perg,errtagc Offirtie avaflable fug 'alUoantlion to the City, The core it of Boynton Beach team is located in PFM's Orlando and Coral Gables offices, offering the CRY immediate access to the financial advisory team with a diverse mix of skills in Florida. As the City has experienced over the last several years working with PFM, Jay Glover and his team will make themselves available on short notice. The PFM to has the time availability and resources to provide prompt, sound and quality financial advisory services. PFM assigns a large team to each client, with a main point of contact that coordinates the engagement, is increases the availability of knowledgeable people able to attend meetings called on short notice. Because PFM interacts among its offices on a daily basis and shares experience and expertise, all members of the firm of be available to assist the City with its financing needs depending on the specialty or the expertise required. The size of PFM's Florida practice allows us to serve existing clients, but it also gives us the flexibility to take on additional work without compromising the quality of the work performed. As a result,the CRY can expect unparalleled service and unmatched resource availability from the Professionals assigned to this account. City Of Boynton Beach Request for Proposai for Financial Advisory Services I RFP 4 003-1410-18/IT 20 Page 497 of 1037 0 he. Etat h Rem{ondend ehaH'subrnfttrt iftfl?awt fiv@ cfle.'rst r*)fi,,'nvncas for whonnn they have provided servrlr�,,3,f; " 'far to tNose s„fie cified in fh,'M RFP in the paid live(5)legi,,awrs,and who ars,89r,&saVe to refisponwd a si foquea st'11'rra the Cu rwems llo,,oilng; g rdIng propose 's euxperj.'e;,1f.,4g, Each c1fient rsfe,'rence shoutd lnc,�ude the #j. Organlization name b. Contact nwrne(s.) c,, Contm."t emallavoldreas a,.Telephone and foam numberas f. Dates of serifice,(starVend) Z SC'cepe IrO work l'brief description't ............ City orf Boca Raton Cow Engagement Manager:Jay Glover 201 West Palmetto Park Road BocaI Raton, Florida 33432 I , I Services Provided:Financial Advisory, Lon g- J Linda Davidson, Financial Services Director Term Planning, Debt Structuring and (561)393-7737 Optimization,Credit Rating Management Dates of Service.1994 to Present City of Coral Gables Engagement Manager:Jay Glover 405 Biltmore Way Coral Gables, Florida 33124 Services Provided:Financial Advisory,Long- Term Planning, Debt Structuring and Diana Gomez,Finance Director Optimization,Special Assessment (305)460-5275 implementation,Credit Rating Management ornezocor I ahlac rnm Dates of Service:200o to Present City of Lake Worth M. 7 North Dixie Highway Engagement Manager:Jay Glover ti Lake Worth,FL.33460 Financial Advisory,Lo Services Provided. i ng Darren Porter Term Planning, Debt Structuring and Treasurer Optimization,Credit Rating Management (561)586-1738 Dates of Service: 2010 to Present .......... .............. .......... City of Boynton Bench Request for ProposW for Financial Advisory ftrvio"I RFP 9 003-1410-18/1T 21 Page 498 of 1037 0 g,.:........� ,.:...._.._._.._._. TownPalm Beach n a Manager:Jay Glover out 3o Sh County Road pf Palm Beach,Florida 33480 -#, Services Provided:Financial Advisory, Long- Term Planning,Debt Structuring and Jane Le Clainche,Director of Finance Optimization,Credit Rating Management, (561)835-4724 Special Assessment Implementation Dates of truer tonof lbeac co Service.2013 to Present Engagement Manager/Project Manager: City of Pompano Beach Sergio svidal/Pete Varona loo W.Atlantic Blvd.,ROOM 480, Pompano Beach,FL 33060 Services Provided:Financial Advisory,Long- Term Planning,De Structuringand Suzette Si t Optimization,Pledged Security Analysis,Credit (954)786-468o Finance 4680 or 1 Rating Management,Ad Valorem Planning suzette.sibble@copbfl.comService.2009 to Present . i� Mrd APPROA "M AND C��F%A('�'I ' '�olft � _N d ux��hill e n # ' r ", 3, a u On pages 12-17 of this RFP response, e have vid d a detaileddescription of our approach to Providing financial advisory servicesstarting with the development of the Plan of finance through post issuance compliance. In this section ws will provide additional information as it relates to P ' approach to monitoring the City'solio to identify opportunities and assist with structuringcost effective financings that provide long term flexibility. PFM has developedsystematic approach to tracking our clients'debt portfolios and identifying an evaluating various refunding opportunities. In an effort to present a comprehensive, yet simple to understand, nal i f all historical and current debt, PFM has refined a roces which has become known debt profiling". PFM's debt profiles areto use and custom built for each client. Each series report shows the important structural features f the City'su t n in debt including the maturity date, coupon, yield, call date and price. and eligibility for advance (taxable), current or forward refunding under the tax code. As the City incurs additional debt and restructures/ref in noes existingwe will update the profile to reflect those changes. Cltyof Boynton Beach Request for Proposal for Financial I ry services 1 RFP#003-1410-11811T 22 Page 499 of 1037 :Ew F- CD co r_ tm C8 -9 r- 0 0 c U) A w cc T2 E CL a w IM E Owc Ow C7 D Ch 0 CD c rtm all E _ , .0 1 2 = 0 w 0 =0 C D CCL a 'g IE 2L E 0r a Lim -ED, E A I 0 ID 0 Cd 0 CD .0 L w a cri V r 0 tm 4to � .2 'o r- Ed -0 C EL 0 0 A ci cr 0 Page 500 of 1037 0 Another output of the Debt Profile are the Series Reports which summarize all structuring features of a specific series of bonds. Provided below is the Series Report for the City's Utility System Revenue Bonds, Series 2012. As shown these bonds have an initial call date of 1111/ 1 and are advance refundable but any advance refunding must be done on a taxable basis u, erthe nax reform iegislation, or the City would need to wait until 90 days prior to the call t° undertake a current refunding. Additionally, the series reports shows the annual debt service payments noving forward. CRY Of 9WIM011 MOMIN Rollds cumnifing Recal'o. Dom genies 111111.9, Wills Sella 410,OM 2.000% 610% oli,318 AGM 3.00%1.170% log. ADM Mffhnd 3.000%0.9?0% 705.814-1 AGM 0. 1 111111+ Mile SOW 410,000 liAlls 11/1115 a 1111114 19111118 1111118�saw "Lood 4-000%14M 1112" Milo M A13M Midured I II1I117 saw Ilia 410,000 LoM I.BM 113.6a, AGN Matured ","ll/17 1111116 1111116 gisdal 480,000- 4.00M 1.700% 114AN ADM NmAUhas litille Sa 1111/1 1111018 41 ,060 Zddo,00g 2,480,083 11 Sam 1919115 4.0W%I.IW% 115.0111 ADM NwkXllelots litillo II11180 1111126 saw wow 4,060%4.06011 II5.94I AM ■ 1111120 GKODD 1,910,863 MKOW MUM MUM saw 2,60LON -L600%P-260% IIdW0 AGM 91!IM g, 1a 4.WS W3, IMM 1111/22 gala 2, IL GM 2.400% 117,470 AGM Adam*Rehadides 11t1149 100% II/l/22 I,GKSW MAMs , edal M,M%ow 5,000%2 7211% 119.281 '.1111 4,1118: 11110 I 6311 AGM Adame FWAMdabilm I 111ad log% I IMM 2,805.000 1 X% wed Wol 4,figo'sin IIJI/M 11111" oA9915,000 5-0011%2.220% 117.421 AGM Adwm Rallerdmis 9411121 106% 1 Mae xeffi,ova 1, 9,095 4.546,8I9 11111/25 liffla BOW 4149.000 Lam low% 116.7711 AGM Malmo Reezidgbre 11/j/21 100% 11/1125 1111 3.146,00) 1,412,303, M, MUM 7 Saw 91315.000 &GOM 1100% 115.7118 ADM Adams Ralmd" 1111121 10M 9111 9,315,coo 9® 118 1111 I1VI52, 114. ASM 4,6MI is 11111111SM7 W 10121 420.000 COM M22% M Adam&Rdundable 1101121 10% 1111M SAKOW I,M,325 ,21 PA I wW 3MMOM LO00%1320% 111714 AGM IMMIl 1111M 1:SEW 1.x,000 SAM 3.7W% 00,904Adams Relungagis 1111129100% 1111/2111 SMON Jn4,Wg AGM Adam Robdoe lijiloll 100% 11110 73 1.111113 1111M sow i,8 ,06o 3.760%3.800% 9CM9 1�1132,819,113 AMM I Adams Rattedeole ......21 IL% 91191.E X0002�022,&la 1111131 11!1!91 Sam &SWealt 6-01M M610% 111.283 ADM I Admos Riaoteagep 1111112I I 1111191 2,1135„000 610,100 4,9144,406 IIII/M 11111ag Saw Also,= LMD%3.710% 110.403 ASM Adam&Rekadable 1111/21 100% 7I11132 4,126,000 407,350 4,622.3E0 1II/Iles 11P11911 TWM 2,4E0,000 1 4,000%4.130% VAN AGM Adams Flolundabla 1111a1 lw% 1111110 2.440,000 11/1034 11/11M 2,330,080 4.000%4.13D% oe.M AGM Adams Pitundeble 1111141jSo% IIJI194 um: 1111M 1111/213 TWM 2AMOM 4.0M 4.130% 9r.895 ASM Assma FAMandmWe 11111m jgg% I 1,4M 11/11MM 99191M XCIL000 197.800 2�ea� TWM 1MA000 U00%CUM 97.Ma 1 AGM Adwamefthadeble II/M7 MISS bausms Per 4�" ......... ......... Ion S`A�Wldg�Per 474,GW It Dated Offes Par Ameme MASKOM00 Esew 90,660,710.E022=12 Plus:01PI(olp, DeAmy Dift4,811,325.46 pfl*t 20,000,006.GO Sale DMIC W7MI Sinidng Furld 817,NLN LFWlk 243,00M25 co911 1 l: 19 an81 Imumme; 514,effiam RMI Lrdsom Payffaw. Be" 148, e9.8......... RMI WAIM4 Dals: 11/11:201 . ......... MY Of BOYntOn 1380ch Roqtmt for Proposal for Financial kmaory servioss I RFP#003-1410-1 MT 24 Page 501 of 1037 0 The final output of the Debt Profile we included is the Debt Service Graph, which shows the aggregate annual debt service payments for all parity utility system bonds. Please note that the color scheme within the graph matches the Debt Schematic and Series Reports for ease of tracking. Annual Debt Service 9,000,000 8,000.000 7,000,000 6,DO0,000 5,000,000 4,000,000 3,000,000 FIN "P11, LIN1111, 1111 2,000,000 1,000,000 N1b Series 2002 Series 2012 Series 2016 n Series 2018 Our active approach to monitoring our client's outstanding debt reduces the likelihood that our clients miss market opportunities and consistently produces significant reductions in interest expense. H. Provids summary of Remspondern's undemaltond'Ing, based upon firnns' ofthe"ssuvxs and co.nsoarrm over the natxa five Z0 The City has multiple ongoing initiatives as it or toward its vision of becoming a welcoming and progressive coastal community that celebrates culture, innovation, and business development. These initiatives include (1) redeveloping downtown to make it a great place to live, or ,and visit; (11) building weaIt h in the community through economic development and (W)connecting the community through multi modal transportation systems. Each of these initiatives will involve the need to cost effectively fund capital projects, many of which were a secondary priority during the recent economic downturn. Inorder to fund these needed capital projects the it is going toneed to look at creative financing solutions as well as identify ways to grow and diversify its revenue base. PFM's financial advisory team,working in conjunction with our Management and Budget Consulting affiliate, has a demonstrated track history of working with local governments toward these solutions. Provided below is more detail on recent, relevant work performed by PFM to assist issuers with similar concerns. In addition, on pages 31-32 we provide details on how the CRY might maximize usage of its sales tax revenues recently approved by County voters to fund capital projects. City of Boynton each Request for Proposal for Financial A&lsory Services I RFP#003-141o-IS11T 25 Page 502 of 1037 0 The Management and Budget Consulting team, operating as part of our affiliated PFM Group Consulting LLC, has a proven track record in deliver!n o itiv financial and budgetary l for commu niti es cross Florida and then tion. Financial and budgetary analysis represents one our core strengths. We partner with our clients to identify and capture revenue n r tin , cost recovery, n expenditure reduction opportunities. Further, we have the breadth of experience and depth of expertise to address almost any operational challenges ors ci l projects that our clients face. Our efforts v results in literally billions of dollars improvements to the bottom lines for state and local government throughout the country. Our team also possesses deep expertise in creating multi-year budget projection models andlong-range financial/capitai plans. We develop specialized dynamic financial models in-house that are tailored to the individual n es of each client and assignment. These include multiple forms of cash flowmodels, financial and capital lannin I , non-tax revenue projection o I , workforce salary andbenefits projection models, cost allocation models, privatization and businessvaluation o els and fleet utilization models. Our customized models, created ith transparent n song Ie assumptions, often serve as the analytical underpinning for financial studies and analyses we develop for our clients. Past n a in Florida include a non-tax revenue study completed for St Johns County as wall as an evaluation of potential off-beach parking v u opportunities. For this most recent off-beach parking ssi n t, PFM developeda parking revenue projection model that forecasted p in revenue across ulti ! scenarios,accounting for differences in rate structures, fluctuations in visitors to the County's beaches, and implementation p aches (e. ., contracted-out to a vendor vs. in-house service delivery). It also included written report that contains historical budgetary analysisof the County's beach services fund, benchmarking results from h on approximately 80 Florida jurisdictions, a discussionof the most appropriate parking technologies for the County, as well as a recommended parking rate structure and multiple financial projections. This is just one example of h ow PFM partners with our clients on non-traditional projects to helpeliminate a general fund subsidy,thus freeing funding for alternative uses. Elsewhere in Florida, we workedit the City of St. Augustine to build a customizedmulti-year budget projection model, and have previously delivered similar tools to the Cities of Coral Springs, Doral, and Miami. PFM's long-range budget planning model contains functionality to quickly create is hat ff"scenarios based on changes to underlying inputs or the incorporation of costsaving/revenue generating initiatives. The model also includes a debt affordability moduleand rating agencyscorecard that highlights the impacts of debt issuance on the City'sfinancial position. As part of our engagement with the City, we are also performing a high-level review non-tax revenue enhancement opportunities, which can be layered into the budget projection model as initiatives. PFIVI possesses the capacity and resourcesto executevast array of special projects for the City if requested. We areet and finance professionals with a widebreadth f operational n ! n expertise,focused fully on the public sector. Whether the City requires assistance in mufti-year planning, an til review of a department,or support in collective bargaining, Management and City of Boynton BeachRequest for Proposal for FInandalAdviaorySembn i RFP# -1411}1 IT 26 Page 503 of 1037 Budget Consulting to has the breadth of experience and in-depth expertise to successfully execute a multitude of special projects for the it . Sample spacial Project engagements may include: • Multi-Year Financial Plans • Budgeting for Outcomes • Fee and of Recovery Studies • Tax Policy Analysis • Capital Planning Process Improvement • Public-Private Partnerships • Operational Reviews of it Departments • Performance Measurement/Management • Compensation Analyses and Benefits Reviews • Overtime Studies • Collective Bargaining Support and Expert Witness Testimony • Retirement Finance Reviews &OPEB Modeling • Health and Human Services Consulting (performance review and compliance) !K, Provide three 1runavative finarwlng tei;hnlques that have bcberi devehamped and'Var P7,nplarnertilad r c0l"'C�`C,,�"Oill With Mly IOUS W1989wrwryer nts. kwlude a brfef description Of PIT)ject type,prc.�Ject sizeI, finsnc;ng cmr` pt considerwJ, "re jgvsndles$Of filla' frtathod used)x sa,wedf as brle,4, confun;,mn-ts; concemingg the cOncepts"appllcabfftty ta,the Cft' Y'SIM"IMICIng nim-do. PFM has been at the forefront of most innovations and leading market evolutions, but always views new options with an extra level of scrutiny to make sure clients understand the advantages and disadvantages of these new products. PFM's philosophy is that innovations should not be pursued purely for the sake of creativity. Rather, new tools should be developed to address challenges faced by our clients. Provided below are examples of innovative financing techniques that PFM has helped craft and implement. YL CITY OF PANAMA CIT BEACH, FLORIDA The City of Panama City Beach (the"City") has long been a family beach A destination; known for its sugar-sand beaches. Over the years,the basic infrastructure along the oceanfront deteriorated to the point where the it created a Community Redevelopment Agency(CRA)to aid in eliminating the blight. The it developed a simple, yet comprehensive strategy for developing basic infrastructure so that the prime location could "Sell itself.0 In the early years before the Tax Increment revenues grow,the City focused on enhancing water and sewer capacity and service levels and developed a consensus on the community leaders regarding transportation, parking and beach access. The final Redevelopment Plan incorporates a complete reconstruction of the primary roads and access roads to enhance efficient circulation, beachaide parking and transit at an estimated cost of over$300 million. The City's year-round population is only 5,000 and the City does not levy property taxes, so there is limited ability to fund the projects. PFM was retained to develop a strategy to implement the financing My al Boynton Beach Request for Proposal for Financial"Isory sgrvbn I RFP#003-1410-18AT 27 Page 504 of 1037 0 component of the Redevelopment Plan. During the first four years of the CRA, massive redevelopment of dilapidated hotels and condominiums resulted in growth int increment revenues to over$10 million. While this cash flow is significant, it is almost impossible toobtain investment grade ratings and bond insurance for start-up tax increment financings. The fact that the it is located on the if of Mexico, and thus has risks associated with severe weather events, complicated the credit review as well. PFM worked with staff and legal counsel to develop a blended credit comprised of special assessments and tax increment revenues in order to enhance the credit to the point her and insurance could be obtained. We developed financing documents that provide a double barrel pledge of tax increment revenues and assessments. No assessments were levied for the initial financing, but the financing documents allow for assessments to be added in the future. If assessments are added pursuant to specified criteria, they can be used to offset debt service almost dollar for dollar. The documents are structured so that the assessments must be authorized to count as security for the financing, but only 10%of the maximum assessment has to be levied. This enables the City to obtain almost 100% leverage off oft increment revenues instead of having 150%to 200%coverage often required for this type of financing. Even with strong leverage,the it obtained an"A"credit rating, is is extremely rare for a new CRA. This structure will enable the City to complete the projects in as little as 5 to 7 years instead of the 30 years that would have been required fora pay-as-you-go program. CITIY OF POMPANO BEACH, FLORIDA PFM assisted the City of Pompano Beach and their East District Community Redevelopment Agency(CRA) with the development of a five-year capital 2iado improvement plan, as well as with the issuance of their first financing transaction bead i. through a two-component(taxable and tax-exempt)$20 million bank loan. rowma's warmill waftme One of our first tasks for the CRA was to evaluate their capital improvement and implementation plans in order to develop a detailed financing plan that could be introduced to the Commission and CRA Board. Upon reviewing the Capital Improvement Plan needs, PFM quickly assessed two key items: the tax- exempt eligibility of the projects and the ability to stagger the timing of the financings in order to minimize the impact of debt service in the first year it projects were still coming on-line. PFM worked with the it ,the CRA, and the other members of the financing to through the following steps: • Detailed multi-year Plan of Finance ® Board memorandums and presentations to communicate the plan of finance to policy makers • Request for Proposals for interested lenders • Negotiated borrowing terms with the selected bank ® Review of the and documents Because the plan of finance could be most efficiently implemented through two financings that would occur several months apart, PFM wanted to ensure that the CRA (1) had access to capital when the project scheduled dictated and (2) had a borrowing in place that could be drawn upon at a reasonable cost at a future date. To this extent, PFM developed a muiti-pronged plan of finance. The first borrowing City of Boynton each Request for Proposal for Financial kmaory Services I RFP 4 003-1410-18nT 28 Page 505 of 1037 0 was implemented so that all of the known tax-exempt projects were funded at closing. The second financing was structured in such a manner that the CRA had the ability to draw from one of two Lines of Credit. Due to the early stage of the project negotiations for the second piece, it could not be determined wNether the project would be taxable ort - e eligible. Therefore,the Lines of Credit were established—with no ongoing"cary cost—to be drawn at a later date. The agreement with the lending bank detailed that at the point a draw was made on the line,the CRA could simply notify the bank as to her the draw would be considered taxable (drawn from the taxable line) or tax-exempt(drawn from the tax-exempt line). Using this methodology the CRA was afforded future flexibility while it continued to negotiate agreements with other private developers. PFM was also asked by the City to evaluate different security and tax structures for bonds that would fund the construction of a municipal parking garage, which of be a pan of the City's pier development project. PFM ran various scenarios for the it , including sizing the bonds as taxable, tax-exempt, and 50%taxable/tax-exempt treatment. Eventually,the bonds were deemed by counsel to be 100%taxable, and thus PFM moved forward on that assumption. PFIVI also contemplated the use of the assumed security structure,which at the time was a pledge of the forecasted net revenues of the parking garage. Recognizing that this structure was unlikely to provide the it with the best pricing and perhaps not an investment grade credit rating, PFIVI suggested structuring the issuance as certificates of participation (OCOPs"). Since the City's only contemplated financing was the Pier Parking facility, Cope provided a more cost effective and efficient financing tool for this single project. This financing structure would take the form of a lease purchase agreement between a leasing corporation (i.e. Pompano Beach Finance Corporation as used for the City Series 1992 Cops)and the !t of Pompano Beach. Under the lease agreement, an essential city asset would be leased by the leasing corporation to the City. The City as lessee would make lease payments which are subject to annual appropriation by City Council, to repay the COPs over the term of the financing. Upon repaying the COPs,the property would be released to the it . it the CRY would first use net parking revenues top debt service,the idea was that the ability to pledge general fund revenues would strengthen the credit and marketability of COPs. Given the growing acceptance of COPs in the investor community, highly-rated Cops could also be structured without a debt service reserve fund, which would decrease the borrowing costs to the City and also increased liquidity. This approach paid off when the rating agencies awarded the bonds with ratings of A I /AA-from Moody's and S&P, respectively, which were much higher than the anticipated BBB rating from a bond issued solely with a parking revenue security.Throughout the pricing process, PFM's Pricing Group negotiated on the City's behalf with the underwriter(RBC Capital Markets)to discoverappropriate pricing levels for a taxable parking garage Cops transaction, given the lack of comparable deals in the market. City of Boynton Beach Requw for Pro poaal for Financial ANscry Servkm I FIFP#W3-1410-18/IT 29 Page 506 of 1037 0 TOWN OF SURFSIDEFLORIDA The Ton was recentlyin the process of implementing large utility system -` A r improvement project that encompassed the entire n footprint. PFM worked '° �e ° with the Town to develop a plan of finance that was within the constraints of their 411" � 14 rate consultant's long-term plan. PFM assistedthe Town to procure, negotiate, �A and secure a long-term di bank placement to fund this capital project. The distinct feature of that borrowing was that initially the bank lender i not want to offer any prepayment terms without an additional cost. However, PFM and the Town had insight to the fact that it was very likely that an SRF ton would be made available at a futuredate. SRF loans, while potentlaflyvin more restrictive conditions, i.e. "Buy American,"typically provi lower cost of borrowing than commercial a result of that knowledge, PFM negotiated n optional prepayment on a portion of the loan equal to the expected amount of the SRF loan proceeds. As n additional enhancement to the plan of finance, the lending red a lower rate if the Town was willing to accept an early"puto feature, meaning there l a balloon payment in year 10 i the amount of the final 7 years of the loan. Knowing the Town had secured future F funds, we agreed to the early put feature, n t the time the SRF funs were receivedeight months later, we moved forward ith defeasing the final 7 years of the loan, effectively removing that risk from the Town. O her !es of innovation: Beyond traditional financings, PFM has also created a tools to helpour loci government clients operate ore efficiently andplan for the uture. Belowfew examples of innovative concepts employed PFM. PEnvironmentalu__ _ inncq„ u : PFM is on the forefront of the Environmental Finance movement. Our Environmental Finance u extensive x rincwith innovative programs dedicated to creating n implementing green projects and initiatives. r efforts can cover a widevariety of projects, ranging from energyequipment retrofits to renewable generation and system-wide upgrades for energy and water distribution and consumption management. P workedFM has it any clients n a broad range of financing p rtnki including: Propert Assessed Clean Energy("PACE"), revolving loan funds, power purchase agreements, energy service company(" C ") contracts, -bill financing, taxable and tax-exempt leases, ell as municipal and green bonds. Projecttypes include energy icienc improvements, ter efficiency installations, renewable energyinfrastructure and implementation, t lr h upgrades,to namefinancing vehicles include traditional bonds, assessment programs,fee securitization (referred to as Cost Containment Bonds in Florida)and private funding. have the knowledge and experienc needed to provide our clients itadvice on the creation n implementation of the best financing solutions for their specific circumstances given the available options, Green initiatives, heth r implemented on public or private property, can generate benefitssuch as reduced utility bilis, lower carbon emissions, loc l job creation, and increased property values. City of Boynton Beach Request for Proposai for FI Dry Se I RFP 3-1410-1 IT 30 Page 507 of 1037 0 h eb,,h Finan de M, Platform' PFMs affiliate, cla' 0 W it PFM Solutions LILC, recently introduced h h a lex b inan lal modeling platform designe a i Is f c ad to Produce dynamic, mufti-year fln ncial projections to facilitate strategic planning. Users can customize logic and establish relationships among an u rillmited nu m bar of independent variables. Its architecture permits users to silt' co 81 it r tive DoWnlios ar ,.t. a consider a erna on "'. ",4 vG Portfolios of operating and capital assumptions, and its browser- based functionality allows for distributed use and mufti-dimensional reporting. Whitabirch has specific applicability for long-range planning for general and enterprise funds. The architecture behind WhItebirch provides users flexibility in designing and building their institution's unique financial and organizational logic. However, unlike spreadsheets,Whitebirch permits use to layer alternative versions of both variables and formulae,and choose the version applicable to a given scenario. Spreadsheets are limited to one data point or one formula per cell, requiring users to either save alternative assumption sets, save alternative model versions, and/or utilize complicated formulae and functions to conduct sensitivity analysis. Whitebirch is designed to produce longer-term strategic projections. Analysis is conducted at a higher level to eliminate false precision.Traditionally, budgeting software answers a particular set of short4erm questions that require a very detailed analysis, often on an object-code and fun -b - fund basis. Forecasting iso an extension of this detailed analysis, a rall-up of a simple projection of the detailed budget. By virtue of the detail inherent in such analysis, consideration of change variables and alternative scenarios of initiatives and projects is difficult and time- consuming. In contrast,Whitebirch focuses analysis on alternative scenarios of operating and capital initiatives, with varying costs,timing, and funding sources,thereby creating a mission-level decision-making tool. ivRespondent shall provide,an*,,&,timate of the tim0t)'M will be required of f, +y hn assfelb,""g in financW advisory sermices, PFM has built our reputation on providing superior service for our clients and making their involvement in the day-to-day financing process as streamlined as possible. We start each project by staffing the engagement with an experienced to that serves as the'quartarbac "of the financing team. By coordinating the entire transaction management process, PFM minimizes the amount of staff time required to implement a financing—which provides finance staff more time to focus on other responsibilities such as budget and audit preparation.This is of vital importance given staff cutbacks that were required during the economic downturn, resulting in more work and less time to complete it. v.Thm aeraki ap,; aaa`flag ,th a 0544wvictm;and MW strati-bi l hl,� lfnp'Iernent. ges,Respar,�dent proposes See pages 12-17 for PFM's overall approach to providing financial advisory services as outlined in the scope of services. Within this section we will outline PFM's recent approach to assisting comparable municipalities with analysis on the best models to leverage the anticipated sales tax revenues towards meaningful capital projects. It is our understanding that the City of Boynton Beach will receive approximately$3.5 million of annual sales tax revenue collections for 10 years.' To at the City has City of Boynton Beach Request for Proposal for Financial Advisory services I RFP#003-14io-%4T 31 Page 508 of 1037 . 0 used such funds to undertake capital projects on a pay as you go basis given the nature of the projects completed such as restroom refurbishment, new carpet, HVAC change outs,sealcoatin g, asphalt repair, ADA accessibility repairs and additions, new playgrounds, sidewalk repair or replacement,trash cans and bench replacement, and painting. If longer useful life capital projects were needed or N the it needed to accelerate capital projects,the City might consider bonding this revenue stream. This can be done using two different security structures. (1) a direct pledge of the sales tax revenues or(2) a covenant to budget and appropriate(CBM)fro legally available non ad valorem revenues. if the City pledged the sales tax revenues, lenders would require the City to inc ud amnmumdebts ce .50 times debt service, thus reducing the upfront project proceeds that can be coverage factor of 1.25 to I 1 0 1 1 erv! generated. Based on a 9 year financing (remaining term of the sales tax)with 1.25 times coverage,the City could generate approximately$22 million of project proceeds based on current market conditions. Inorder to maximize the amount of upfront project proceeds generated, the it could secure the debt with a CBM from legally available non ad valorem revenues and still use the sales tax revenues to make the actual debt service payments. This would allow the it to bond using 1.00 times coverage, which would increase the upfront project proceeds to approximately$27.5 million based on current market conditions. PFIVI has recently worked with the Cities of Palm Beach Gardens and Delray Beach on the implementation of a direct bank loan financing of their sales tax revenues and is currently working with the it of Boca Raton to bond theirs les tax revenues. Each of them desired to maximize upfront proceeds so we structured the transaction with a CB&A of legally available non ad valorem revenues. The RFP for Palm Beach Gardens garnered 12 responses and PNC Bank was recommended as the to provider. The RFP for Delray Beach garnered 8 responses and Bank of America was recommended as the loan provider. Provided below is a summary of the interest rates proposed for Palm Beach Gardens on February 3, 2017. PROPOSERS RATE OFFERED Branch Banking and Trust Company(13130) 2.62% BMOHarris Ba kN.A.(I) 2.10% BankofAmerica/ errillLynch 2.22° Florida Community Bank N.A. 3.22 l,»� 0'—Morgan Chase unity in n a c_Ie Public Fi_nan =—ceInc.— 2.52% PNC Bank, N.A. __ 2.20% Raymond James Bank 2.50% -State Stre u l—icLendin CC 2-48% STI institutional&Government, Inc. TI) Bank 2.31% 2.21% .�'�iells Fa�r_g 2.25% (1) Includes interest rate adjustment for change in maximum corporate tax rate CRY Of Boynton Beach Request fbr Proposal for Finan cW A&sory Services I RFP#003-1410-18/IT 32 Page 509 of 1037 0 0. Goals tK,t the Res,�pondent would like to acttJq,',V, PFM's goal is to continue being a long term strategic partner with the City to help with accomplishing the City's goals and objectives. We are not advisors that show up to complete a transaction and then move on to the next client transaction. We desire to build long term relationships with our clients and be a resource (extension of staff)that is available on an ongoing basis to assist with all financial related needs. Provided below are ways in is we partner with our clients: • Strategic Partner: • Monitor legislative initiatives • Provide updates on new financial products/programs • Keep it abreast of regulatory environment changes • Technical Partner. • Provide ongoing market updates on changing market conditions • Provide superior transaction management • Assist with Rating Agency Relations ® Make City aware of new financial tools and their applicability • Client Training-PFM offers: o Local training on investments, debt strategies, etc. o Training at FGFOA and other industry conferences o National client training-week In capital market training for senior finance officers VI L i'$8rrG'FH',V19 that der-no stir tes workM9ilknowft,�dge and undwrattanding TA"'the of the Sr.'acipe of Smvices, The RFP scope of services requires demonstrated expertise in all aspects of financial advisory services. This includes Services Related to Financial Planning, Financial Marketing and Issuance of Debt. As shown on page 10 of the RFP, PFM and its affiliates provide all of these services plus any others that might be needed by the CRY over the course of the engagement. Provided to is confirmation that PFM is willing and able to provide all of the services required per the RFP. In addition,throughout this proposal we have provided examples of where these services have successfully been implemented for the benefit of our clients. incl a continuous reviews of outstanding indebtedness (bonds, loans, and leases) and provide recommendations relative to the refinancing or early extinguishment of said obli S. T ' fin -ii— -," gation an' I ad -—- ----------—---------- hec shall assist and/or prepare cash flow analyses for each of the various major capital improvements included in the It Cc rehensive Plan annually. MP Prepare Com p si ncial OiWnis,is--r—eque' sted, includingFa ae6i' -9-aP-sc-'1ty--Ana,!Y,9-1s,40-t-%P9—St4y, Itematives and inn v tivf inan ........ ...... City of Eloynton Beach Request for Proposal for Financial Advisory servicea I RFP#DO&141D-18/JT 33 Page 510 of 1037 O ions, identification of pot ntial venue sours and ethc of financing-_ d under Floridal Provide the City with Fin it vin_o rvic an any requested— ®--- "" ✓ "_i �. financial issue that the firm canvi a exp rt advice on limiA _ e_® fi economic hedeveloitmentice on proposed and aic—tual and cfinanc al market p policies, dvelopnts that could affect the City's financial structure and the impact of such �a,l an the financial LProvideassistance to the City in g enin the_marketfor its debt. ✓ it theCitywith" consultations and Presentationsx to ri agencies/credit enhancement providers to secure the mostfavorable and economical credit rain or t maintain n itin c it. .ee Developplans of finance when requested for issuance of debt incli identification of revenues available for security, recommend amortiz ion schedule,cash flow analysis,aggregate principal amount of bonds to be issued, the timing of the offering, the definitive structure of the bond issue, and any optional redemption and call provisions. This i study will include a review of alternative financing techniques, if ' applicable a discussion of rating/credit enhancement issues, a , recommendation of the method of sale, and solicitation of proposals for specific consulting services, s necessary. The Financial Advisors will not participate either directly or indirectly s underwriters in the sale of the bonds, nor have any financial interest, directly or indirectly in such sal c ® sto c inti said under bY the Cite �' Review of rep6 t ensure that financial related mmmmsu ptlon_ I — 11 —111111 ✓ "`"" '' reasonable and that such reports adequately address technical, economic a financial concerns.tietbi and distri __„bution list far bon issues and assist the ___...."""✓ — _..._. ®... in ide coo intinme trrr an confer nce calls.Pro _ a vadvice an sitance, a needed—, th CI , bond coons I, and disclosure counsel tr tionnecessary p of the nes sea bond I authorizing ordinance(s) and other proceedings including a Notice of Sale, if reulred .w....,,.� Assist" a required, with validation o any bon issues t u n preparation of financial tablesn exhibitsand the ration of to timan Assist the Cit Y m preparing its debt issuance for market h r the sal ✓ " Is made through a competitive or negotiated offering or any other type of sale. Through anymethod f sale, the financial advisor will assist the City's isclosuCounsel in the preparation of the preliminary and final official statement that conforms to current acceptable disclosure uldellne standards. Far co tkivl bid bond issues,City of Boynton Beoch Request for P ar for Financlail AdvisoryServices I RFP 0 141 D-18/1T 34 Page 511 of 1037 0 6. 1 ist the it in r rin the bid cuen , including but not limited o the notice f sale. if 6.2 At the time of the sale, advise the Cityto the beat bid received based on the verification of bids, and recommend an award whic , in the FinancialAdvisor's judgment is in the best interest of the City, 6.3 Assist in bid protest procedures, as needed. For n Lite n issues 6.4 Assist in determining the optimal timing of the issue. .5 Assist the Cityin preparing a Request for Proposal for Underwriting Services, If necessary. 6.6 Assist the City in preparing pres n tions to underwritersin order to fully describe the bonds to be issued,when required. 6.7 Participate in the evaluation of the proposals received it selected City nn I. Participate in the "pricing call" and advise the Citys to the reasonableness of t com on t o the underwrite is sir d. For other n f bond procurement..._ As directed by the City. a. Provide for the solicitation of competitive proposals for printing the official statement, bid forms, andain auent/reistrar services. _ b. salt t i i selecting trustees, °n en other financ_ial__,...._._� ✓ intermediaries, as necessary, ist in arranging for appropriate II bond insurance _ uired. o cAdvise the ity on the nditi-in of the I nd market prior toandat th ✓`� time of the sale of the debt. This activity should address market volume, general economic conditions n competing fferin on a national and astatewidesis ist t it t the i of sal ith the a ti i n o ter off ✓ _-----®__..` the sale (fees, interest rates and interest rate yields, and redemption provisions)if such sale is negotiated or,if sold at competitive sale, review and verify all bids received by the City. The financial advisor shall also recommend to the Citywhether such negotiated or competitive proposl should be accepted or rejected fore each bond issue and indicate whether the transaction terms are the most beneficial to the City for the type and timing of each transaction.. _ Assist t it , needed, i# o_I tionu ervisin off t ani events related to the close for theissuance. f. In the area a of short-term financln ®___, 1111 —FF -- g, provide the City with advice ✓ guidance and assistance in bank loans, leasing, and commercial r,, g. The Financial Advisors shall be avallable to the City to discuss and ✓ "� make recommendations on such other financial matters as requested the City,and shall be available for formal ptti to the Mayor and Council, s nec � City of Boynton Beach Request br Proposal for Financial Advisory Services I RFP#003-1410-18/IT 35 Page 512 of 1037 0 VIRR" plan and See Pages 12-17 for details on how PFM or with clients to implement cost effective financing plans as well as a sample timetable from a recent financing. Ix. Respondlent shafl" spewhfy the iocatioi,1(gg), Indudinig the cornpleW phyti1r,81 addream, where,thework 'for this,PrOjeWt will be�x,elmrfrzrir edl, including work pe'rfcrmed by subcantr,,actovrg, If appsflcsble,x, The City's engagement will be staffed from PFM's Orlando office, which opened in 1986 and has been in continuous operation since then. According to the most recent and Buyer's Municipal Marketplace, PFM has the largest financing team in Florida.The level of staffing and the experience gained working on a wide range of financings each year enables our to to provide sound and prompt advice. It is worth noting that PFM's success has resulted in an increase in staffing from nine in 2008,to twenty-eight today, enabling PFM to provide an even higher level of service moving forward. Florida Offl;a Location Where Work Will Performed: 300 S. Orange Avenue,�Ultol�117 - Orlando, FL 32801 (407)648-2208 x r. Respomdertt t;hell th,.Npoughly explwn: a, US accessIblifty in the of alirgdability for meadnigs, genet !i cg��%Mmunlcstk)ns, coardinalflon,and sfupervlsilwri� b, How th)e rwepondent physical4y plane on attending pra-,4fchem1u�,*u1 prt� I ings. 0. How the respandent plans onensurfing accessibilltir and is vailebUlt- --je Ar, y during the term ofti, pvereur,ant. One of the many unique aspects of PFM is the deep bench of resources available. Unlike many firms that only have I or 2 people dedicated to the Florida market, PFM has multiple senior professionals that will be available to the City in the event the primary contact is not available. This not only helps with covering meetings and calls on short notice, but also provides continuity in the event of unforeseen circumstances that might affect a member of the team. PFM has a demonstrated track history of providing superior service in a timely manner for our clients. This is reflected in the fact that we have relationships with many clients that stretch back over 10 years and remain intact through multiple RFP processes. In addition we continue to add clients without compromising the level of service provided. City of Boynton Beach Requaft for Proposal for Financial kMaory services I RFP 9 003-1410-1 aff 36 Page 513 of 1037 0 D. LOCAL BUSINES"'S PREFEREENCE The it of Boynton Bemchfikdrn, ,, Pntkderence. POH4,W NO- X16,01 prova"dearl'tw a local business "For ail acquisitions made pursuar"It''to Reqfie Proposals, Refquesan"'or Qualificadons or Roquests,for bett%ars of Interest, thesollciftsUon shain indlude a tvalght g EYN.Aslnesses of piercxantiiige points o' p led crKerion for UwL,�! �' f the fi I points in the evaivation oj,-ieg-ja pubilshovd, In the 801"ickation. For all acquislifionan:mde pursuaint to lRequests for Proposals, Requests,for Qua)CH,001tion or Requests fa'r Letti"wms of Interest, w!t,,pemr ?nMtheir thart a quantftzitl've selection,the witzlouat' g the U41c"Itation includen.;a qualftative nanking 10F,crifteria shall !neIud,,,,-t a Local MUSIn(fas pvvdareenic,,e�, as M-41801rably degermineed by the Financial Ser,�jjc�e, ,e Intent of this PoSICY. Each such 8011-cHtUftionshafl clearly,defins the appllcatjo� of the Local with th M J ITMIMMOM, Purchasing conwistent Businissa prefer'sarics.", o III ordler to be considetred for a locro4busineas p.-,,e,,,,pejrrnce,a Re),,sponderat rnuiall'i"Welude the Local BUSI"ness Status IMN!at the time of RF'P submittal. F'sHure to submit thi's krrm at tl�le time of'RFP subrinittedwilij Pvmult in the Res'pondent beliting found inaligil'ble fi'ar the local businwas, prel"arlen rw-e for this solld""'tatforL Rexaspondents who are,cer"Iffle1c, as rrequiriud will Y'S,.1ceive'the Ir,01 fhis poirtS 8110-tte,4 for this 4b,"valuati"on erheria. All athe'r firj,,,,rj,9,wfil neceilve zemro points In thh;9,V,,,.,jjuatj0ft crjlj�r,On,, PFM has 3 is locations in the State of Florida' (Orlando, Coral Gables and Largo). While we do not meet the criteria for a local business we have been dedicated to serving clients throughout Florida for over 25 years. MY of Boynton Bench Request for Proposal for Fina al A&Iaory services I RFP 0 ON.141 D-1 SAT 37 Page 514 of 1037 � � ,;, � t ", i �� „� i. ' ,ts I � ' i l 1 � � ��fy��,�„ ����� �1��, �4�� wi����,�io4u ��io„ s muu �� , i � �" ,. I� �, �� ,'��V ��,�������I� P�IIIIIII'; I II �(����� 1 �� ��( Y ;� �s� r i '�r�i E, � �,I d I,. ,; ,� :� 0 5. Fee Proposal Respondents WNWI includein tt[1j"gg pr #pt;) the ff,;�rrn 8-Maw1husurd hermpvfth, any addfiflan,W, hlffornnaflanal The Price Proposal Form and supplemental information immediately follow this page. City Of BOYnton Beach Request for Proposai for Financial Advisory Services I RFP#003-1410-1 IT 30 Page 516 of 1037 REQUEST FOR PROPOSAL FOR FINANCIAL rSERVICES 003-1410-18/IT PRICE Proposers should use thisr submitting its Fee Proposal. The followingricin is submitted as "all inclusive" to providefinancial advisory servicesinn ih ui n identified in this co i this ots nt. The Proposees annual fee for financial advisory servicesll remain firm for the term Agreement. The option fbr renewal shall be exercisedupon mutual agreement between Contractor and City, n agreement withall original terms and conditionsh ith no deviations. ITETIONF PERCENTAGE �m � 1. : Bond Issue Fee based on percent of bond issue See Follo Page Fee for addltional services per hour ..�_..... ...®-.... .�®�_ Fee shall be all inclusive -- .... Attach comments or additional fee information to thissection, s applicable. t�,o+ PFM "4 ¢�3 Financial sors LL -AUT ISIG-NATURE 648-2208 I eslover TELEPHONE NO. . PRINTED NAME J J�Rper Director ,I ® _ ,. I THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDEREDzg COMPLETE AND ACCEPTABLE. FP No.003-1410-18/IT Page 517 of 1037 T _T T T P P S FE �L C ,l T T ITaa T _CLIRRI=NTC T CT EEN PFM AND THE CITY. IT IS ALSO IMPORTANT TO POINT OUT ALL FEES ARE NEGOTIABLE TO MEET THE NEEDS Ofi THE CITY._IN NO WAY DO WE WANT FEES TO PROHIBIT T ITY F I PF T TINUE P VI I a n Rl CILADVISQRY_SERVIC S. TRANSACTION FEE=S: PFM proposes the following compensation schedule n debt transactions including onds, Revenue Bonds, on Ad Valorem Revenue onds, notes, loans, capital leases and other debt obligations (whether taxable or tax-exempt,fixed rate or v ruble, new money or refunding, competitive or negotiated). t that multiples ries within a transaction will be treated as separate transactions to compensate for the added level of complexity. Bond Size ($000) Incremental Fee per$1,000 1 -25,000 0. 5 25,001 and 50,000 50,001 and over $0.50 Minimum DebtTransaction Fee $20,000 Maximum e nsa ion Fee $75,000 For transactions that require limited scope of services, PFM will work with the City on a reducedfee that is mutuallyacceptable. PFM wouldrequest reimbursement for out of pocket expenses incurred i serving the City as its financial advisor at actual cost not to exceed$1,500 per transaction. OTHER SERVICES: The financial advisory compensation proposed above does not apply to services related to procurement f bond proceeds investments or other structured products, escrow structuring, investment management, or arbitrage rebate. Fees for these special services shall be negotiated function of the complexity of the proposed engagement and the specific scope of services outlined. PFM Asset Management LLC, registered investment advisor, is prepared to offer the City its full range of structured products, investment management and arbitrage rebate compliance services. If needed, these services would b performed by PFset Management LLC pursuant to a separately negotiated letter aa nt. PFM Asset Management LLC fully discloses all fees related to any transaction. City of Boynton Beach Request for Proposw for Financial Wsory servioes I RFP#003-1410-18/IT so Page 518 of 1037 °„� ���. i �e���� i �.,<.� �� i � � � �� W . i� "�� �;,. � �� . � � �. ,, �, �I� �- y ,m ,� �,�� i � ',, ����, ,.,� �,, �. ,��'ii � .i f�'� II I) ( , ;I f�= s :, 0 6. Submittal Forms Res;po d,f*ar to tai to co �pipa, and a �,a��� ,z �� �� 3rd �"��^,� � o�'�#�"`� n l b. ally response,, 00 NOT INCLUDE YOUR PRICE PROPOSAL FORMIAN INCLUDE IT IN TAB -PRICE PROPO k ✓ poser's Acknowledgement ✓ Acknowledgment of Addendum(s) ,-'Statement rser's Qualifications v'Business Statement ,"References --'Anti-Kickback Affivit ,/Non allusion Affidavit of PrimeProposer -/Confirmation inority Owned Business ,"Confirmation of a Drug Free Workplace ,-'Acknowledgement o PBC Inspector General VCity of Boynton Beach Local Business Status v'Schedule of - nult t -'Statement of o Proposal (if applicable) i ,:�l „I",�/,"i �k�l« City of Boynton Beach Request for Proposal for Flrmmlal Advisory Servbso I RFP 0 ao3-1410-18/17 40 Page 520 of 1037 REQUEST FOR PROPOSAL FOR FINANCIAL ADVISORY SER RFP .: 003-1410-18/IT PROPOSER ACKNOWLEDGEMENT Submit 's : PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard 310 Boynton Beach, Florida 33425-0310 Telephone: ( 1) 742-6322 RFP Title: FINANCIAL ADVISORYSERVICES RFP Number: 003-1410-18/I RFP Received By: MAY , P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving t and time is scheduledr: 1 I and may not be withdrawn within ninety ( ) days after such date and ti All awards made as a result of this RFP shall conform to applicableions of the charter and codes of the City. Name f Professional: ff4_FlnqnclaIAdv1sqM Federal I.D. u er: 81-1642787 Corporation*of the tat of: Delaware Area Code: 407 Telephone Number: 648-2208 Area Code: FAX Number: -1323 Mailing Address: 300 Ln Avenue it 117 City/State/Zip: Orlando; FL 32801 E-mail : -qloved@Dfm.com Y.Aa PFM Financial Advisors LLC is a Limited _j____ t ri Signature Liability Company established in the State of DE. James lov r i it or Name Typed THIS PAGE To BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No.003-1410-18/IT Page 521 of 1037 A 0 D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "FINANCIAL ADVISORY SERVICES' RFP NO.: 003-1410-18/IT DATE SUBMITTED: May 29,2018 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, int Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to completelprovide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE To BE SUBMITFED FOR PROPOSAL To BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 003-1410-1 IT Page 522 of 1037 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information • Name of Qualifier. amµPFIVI 9naqq1LaI vlsqrs LLC 2. Business Address: 300 Urane Avenue, Suite 1170 Odando, FL 32801 3. When Organi15, 2016 4. Where Delaware 5. How many years have you been engaged inb 1+ usiness under the present firm name? 6. General character of work perforrned by your company. Financial adviso Services (See Cage 10 of the proposal fbr full scope of services ro,K, Ided by PF —--—--------- 7. Enclose evidence of possession of required licenses and/or business permits. See page 6 of the 8. Number of employees. 303 proposal. 9. Background and experience of principal members of your personnel, including officers. *See pages 10. Bonding capacity, if applicable. $I OM 17-19 of the 11. Have you ever defaulted on a contract? If go, where and why?* one to our knowledge. proposal. THIS PAGE TO BE SUBMrITED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No.003-1410-1811T Page 523 of 1037 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone# Pages 7-11 Of the Proposal Provide deWils on experience with similar work, Additionally references and contact information are-provided o-- n pages 22-23. The value of each contract varies annually based on whether transactions are completed and if so in what par amount. wW 13. Contracts on hand. See page 7 of the proposal for list of current clients. Contracts can be provided,upon request 14. Largest completed projects (include final cost). 1 See page 9 of the proposal for select list of transactions completed with 2) relevant information. 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * PFM Financial Advisors LLC is not presently,and 1 arose from performance., within the past four years has not been,involved in any lawsuits or arbitration. 2) occurred within the last 4 years: On May 21,2018,Public Financial Management, Inc.,an affiliate of PFM Financial Advisors LLC, 3) provide case number and slyle: was one of several defendants,including law firins, an investment bank,and an engineering Dated at: 10:44 AM consultant named in a complaint related to advisory services provided more than 10 years ago this 24th day of---Ma-L' _20 18 on an incinerator project in Harrisburg,PA. The ,' matter has only rc ecently commened and By: discovery has not yet begun; however,Public Financial Management.Inc.believes J (written signature) that the claims against it are both legally and factually Name: James Glover without merit.The case caption is:'rhe (printed ortyped) Commonwealth of Pennsylvania et al.v. RBC Capital Title. Manaoina Director Markets Corporation et al.,Docket No.368 NED 2018, in the Commonwealth Court of Pennsylvania. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No.003-1410-IEVIT Page 524 of 1037 June 2016 Business Statement PfM P111 11 !"Ile lu,lne,,11 soling 11,nW1n,"cj,l and Investment challenges and, over the years,we have responded to regulatory changes to bolster our businesses and have expanded our client services, Most recently as a result of SEC and MSRB regulation requirements for registered Municipal Advisors, an affiliate 1735 Market Street was created as a separate operating entity to provide dedicated municipal Ord Floor advisory services to our municipal and obligated person clients. Accordingly, PFM Phil adelphlas PA 19103 is pleased to announce that as of June 1,2016, registered municipal advisory 215.567.6100 services historically offered through Public Financial Management, Inc.will be pfmxam offered through this new operating company, PFM Financial Advisors LLC ('YPFMFA"), a Delaware Limited Liability Company. The associated municipal advisorV personnel will continue to be dually registered municipal advisors until the transition of services and clients to PFMFA has been completed. PFM Financial Advisors LLC is a wholly owned subsidiary of PFM 1, LLC, its ultimate parent Company. Affiliated companies include PFM Asse't Management LLC, PFM Financial Services LLC, PFM Group Consulting LLC, PFM Swap Advisors LLC and PFM Ventures LLC(a holding company)and Public Financial Management, Inc. Page 525 of 1037 u REFERENCESFOR PFM Financial Advisors LLC NAME OF FIR '. iAT a- Company Ci of c 1est a Road .. ._ Boca Raton,FL 33432 Contact Linda Davidson,Financial Services Director Phone: __._ _ __ _ .. _ __.. Fax: ...... __.. .._.. (561)393-7737 E-Mail:ldavidso@ci.boca-raton.fl.us r ._ Company Name- City of Coral Bales Address: _._. _ _..._ 405 BiWay ltmore Coral a les,Florida33114 Contact Name: — __..__ Diana Gomez, Finance Director _.Phone. ..._..m.(3 5)460-5275 x: E-Mail: dgomez@coralgables.com I ME Company Name. �-�- - City of Lake Worth j Address: _.... _ _..._ 7 North Dixie Highway Lake . .__........ ._ _.... or 334 .. Darren Porter,Treasurer __ _ _. . _ Phone: _ _... (561)586-1738x. E-Mail'�. _r . .. . org Company e ------------ 360 South CountyRoad Palm Beach, lri 33480 ........ _.- ...._ Jae Le aainche,Director of FinanceI E-Mail: ( 1) 835-4724 jstruder@townofpalmbeach.com ... .. _._ ... THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCE ABLE. RFP No. 003-1410-18/IT Page 526 of 1037 REFERENCES FOR PFM Financial or L ( ) NAME OF FIRM) 21-al W Company City of Pompano Beach Address: 100 W.Atlantic Blvd.,Room 480, i Pompano Beach, FL 33060 Contact Name: Suzette_Si l . Finance Director Phone: 4) ® x: il: _ .. _ .. suzette.sibble@copbfl.com t _... .. ___ Fax: ....... MENi ' h Company Name: Contact _ } t rl _ t `�-i� t_-. Company Name: a - 4 ,.. fi Add r _ . _ . X. E-Mail: _q THIS PAGE TO BE SUBMITTED FOR PROPOSAL TBE CONSIDERED 28 COMPLETE AND ACCEPTABLE. FP No.003-141 -1 IT Page 527 of 1037 ANTI-KICKBACK I I FLORIDASTATE OF COUNTY OF ORANGE Ss I, the i!I undersigned i hereby dulysworn, depose and that n n herein employeessubmitted f the Cityi i n, kickback, reward of gift, directly or! i ! r any member of my firm r by an officer of the corporation. By: NAM_E-SIGNATURE Sworribad before me this f20 Printed Information: James Glover NAMff-- Man@gjng Director TITLE NOTARY PUBLIC, State of-Florida at Large PFIVI Advisors LLC COM-PAY i 1 OFFICIAL NOTARY SbkL"STAMP THIS PAGE TO BE SUBMF17ED FOR PROPOSAL TO BE CONSIDERED29 COMPLETE CCE L . RFP No.003-1410-18/IT Page 528 of 1037 NON COLLUSION AFFIDAVIT State of- Florida County of---___Q�rane, James Glover ih—a F- being first duly om, deposes and says 1) HeAGM is_., Lir Manaa qPj[qqtgr of PFM Financial Advisors LLC the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 003-1410-18/IT for FINANCIAL ADVISORY SERVICES 2) HeIghe is fully informed'respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for is the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices int attached RFP or of any other qualifier, or to fixany overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, ort secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested int proposed Contract; and 5) The price or prices quoted int attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties"T interest, including this afflant. (Signed) (Title) anaq!nDirector Subscribed and swom to before me Thday of M01 is GOREML11M 20 WCOWAOMWOMI EXPIRES:AM 11,2= My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 003-1410-1 IT Page 529 of 1037 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? x Y i— No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (X) NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certificefio— ba—t�—ofCertiW-c—atin— THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 003-1410-ISIIT Page 530 of 1037 CONFIRMATION OF DRUG-FREE WORKPLACE 'IDENTICAL TIE SUBMITTALS Preference shall be given to businesses writh drug-free workplace programs. Whenever two or more submittals is are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference int award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse int workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) Int statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pI ea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law oft United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available int employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. On ion l' S-ignatu4- THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No.003-1410-18/IT Page 531 of 1037 BALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of ! c the authority investigate it matters relating to the negoti tin and performanceo this contract, andin furtherance ther f may demandin records and testimony from the Contractor and its subcontractorsn lower tier subcontractors. The Respondent understands an s that in addition to all other remedies n consequencesvi ! , the failureof the Contractor or its subcontractorsr lower tier subcontractors to fully cooperatei Inspector General when requested may be deemed by the municipality ri I breach of thiscontract justifying its termination. PFM Financial Advisors LLC CONTRACTORMa Title: Manain I dor Date: THIS PAGE TO SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETEAND ACCEPTABLE. RFP No.003-1410-18/1 Page 532 of 1037 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION 1, James GInvAr 11 1 the an mine, narnm Of (Name of officer of company)-' (Title of officer of company) 300 S.PFM orange Avenue Suite 1170 Financial Advisors LLC , located at- Odando,. FL 3201 (Name of corpora—tion/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering Yes to Question I and Question 2 to will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:.,PFM Financial Advisors LLC 1. Is the business located within the City limil its YEa M0 Number of Year—s: - of Boynton Beach, Florida? X AM 1 E70F BUSINE I t e 8 n I E Nu be,o(Yjo_ m ss c 2. Does the business have a business tax YE N-0 --' Business License receipt issued in the current year? Number: X the business'-—istie-red with the Flodnada _Y��EE Division of Cor rations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. Ialso agreethat the business is required to notify the it in writing should it cease to qualify as a local busine-1- Print Name: James Glover Signature:, ***FOR PURCHASING USE ONLY*" Business License Year Established- Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No.003-1410-1 IT Page 533 of 1037 c La M CIL LD i g r. d a . 0 Iia F C) I � � d d ZI s — — I + CL cii C W W I JIMV W r = j 2 _wA LD — I 44 ( o W ® i E r M Ci Lu C !' I2i v z Ix _ W 't3 C III � � O ` W CO. Aw I y � CLe Q7 r. 2 COO C to c CL .� 2 c rt, . c c M2 ea, a zw ti OD � � I '�� !: I C � •y � ` . ._ L 0 L. c emu as Page 534 of 1037 i ; ti I y I I , I I I ii r9P . i n I � (r i i I i } � I .s i 1 i i i a e 535 of 1037 7. Appendices City at Boynton BeachRequest for Proposal for Flnancla[MvjaovyS9Mm I RF12#003-1410-1EVIT Page 536 of 1037 and additional information City Of Bo ton Beach Request for Proposal for FinamW Advisory Servibes I RFP#W3-1410-18fiT Page 537 of 1037 All ------------- 17117h�. it It K-ri 'A 'Aw Part I u-I.— n. is 71 .... . ...... r7, Aft f7l All, NO 0 Additional information PFM's standard FA provisions Should PFM be awarded the a n-gagement,we respectfully request the inclusion of certain provisions in the resulting contract that are regulatory requirements driven by our status as a municipal advisor registered with the Securities and Exchange Commission ("SEC")and with the Municipal Securities Rulemaking Board ("MSRB") (e.g., municipal advisor description;the scope of MA services,form and basis of compensation, termination or withdrawal of the client relationship, conflicts of interest disclosure, and our disclosure of any legal and disciplinary events). MY Of BOYnton Beach Request for Proposal for In lc I RFP#003-1410-18/IT 41 Page 539 of 1037 6.1. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Authorize the purchase and installation of office furniture, workstations, operator sliding and conference chairs from Empire Office, Inc. utilizing the State of Florida Contract#425-001-12-1 for an estimated amount of$31,375.84 for the Utilities department. The City's purchasing policies allows the use of State of Florida Contracts. EXPLANATION OF REQUEST: Contract Period: August 29, 2014- March 2, 2020 Furniture and workstations will need to be purchased as part of the Utility Administration Renovation Project that is affecting two separate areas, the lobby front area and second floor engineering area. There is currently no furniture or workstations in this area of the building. In addition there are approximately 30 chairs at the West Water Treatment Plant that are in need of replacement. Staff is recommending purchasing the furniture from Empire Office, I nc., utilizing the State of Florida contract#425-001-12-1. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Modern office workstations and furniture are designed to increase efficiency and productivity, and will integrate into the modern office space utilizing up-to-date technology. FISCAL IMPACT: Budgeted Funds are available in the CIP account: 403-5000-533-65-02 (WTR008)for the Admin furniture and account 401-2811-536-52-20 for the W WTP chairs. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 540 of 1037 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Requisition Package D Attachment WWTP Chairs backup D Addendum State Contract Back Up Page 541 of 1037 7 CITY OF BOYNTON BEACH q REQUEST FOR PURCHASE OVER $109000 -Jun-1 Requesting Department: Utilities Contact Person: Howard Explanation Furniture is beingreplaced as part of the Utility Admin Renovation that is affectingo separate areas, t lobby front area andc or engineering area. The furnitureill be purchasedfrom empire based on State of Floridaricin o r c r#425-001-12-1 Account o ACCT-FL. Recommended Ven it Ic ount of Purchase $26,395.68 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPSole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract r: 425-001-12-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account - - - - 008 Approvals: a�M Department Date Purchasing Agent t Asst City n r Date City r Date Form Revised 02/01/02 Page 542 of 1037 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 06/08/2018 H.T.E.REQUISITTON# 71537 Contract Coordinator HLK Procurement s't: Directon CityManager(non bud t c i o an t $5000+)- V Reis--onFor Purchase: Furniture is being replaced as part of the Utility Admin Renovation that is affecting two separate areas,the lobby front area and second floor engineering area.The furniture will be purchased from empire based on State of Florida Pricing Contract/Vendor#426-001-12-1 Account Code: ACCT-FL. VENDOR INFORMATION: '761—VISION- — OTHER INFORMATION: I Name: Empire Office in. ( x) at 06/08/2018 ASAP (X) Engineering Date Needed: Confirm. Address: 2 Oakwood Blvd, Suite 140 Cust. Rel. ASAP/Conf. Hollywood, Fl. 33020 Distribution BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): 954-789-4781 Water I. Quotes/Verbal E.Admin. 40 (x Nick Grennan (over$500) Pumping Quotes/Wriften (x) E.WTP 41 (over Vendor Number: 12766 PWTreat. Bid Docs. W.WTP 42 Meter Serv. Sole Source Ltr. PIU 99 INITIATOR: Howard Kerr Sewage Insurance Special Instructions: 1 Requirements: APPROVED: Strmwtr. Project Number: WTR 008 Quan. Unit Price Description &Part Number un t asic Elem— Obi I Amount 1 $242.85 HB120-Panel H- as for 120"w Conference 403 5000 533 65 02 $242.85 Tables 1 $3.31 PDVBS3W-3-Way 90 Degrees Raceway 403 5000 533 65 02 $3.31 Shroud 3 $3.31 P-DVBS90-2-Way 90 Degree Base Raceway 403 5000 533 65 02 $9.93 Shroud 9 $96.67 P-DVFRPM5024-Hard Surface Panel-Non 403 5000 533 65 02 $870.03 Powered-50Hx24W 8 $117.91 P-DVFRPM5036-Hard Surface Panel-Non 403 6000 533 66 02 $943.28 Poore red- Page 543 of 1037 126. 3 P- F 6042-hlard Surface Panel-Non 403 5000 533 65 02 $514.52 Poered0 X42 $3.31 P- S o -Fred of Run Bass Raceway Shroud 403 5000 533 65 .7 $16.57 P- KIT50-Panel Wall Mount Kit 403 5000 533 $132.56 1 $33318 RCI 036-120"x36" Rectangular Top,I1/2 'hi 403 5000 533 65 0 333.26 Table Top CFlN2A00 $145.01 S-P C FJ24- F Pdestal-24D PAI NT -15 403 6000 533 65 02 $1,305.09 4 $67.24 W-WS2442-Rectangular-2mm Edge-24Dx42W 403 5000 533 65 .95 Edge 10 $111. - S2472-P.e again -2rrm Edge-24Dx72W 403 5000 533 65 0 $1,116.80 $68.60 FS- 2712FS- -Leg-1 Post-271 - 403 5000 533 65 02 $343.00 12Depth-Freestanding 4 $72.89 WFS-ALW2724FS-A-Leg-1x2Poet-271-1-24 403 5000 533 65 0 $291.56 Depth-Freestanding 6 $17.93 PS-SSS - ie/Support Dear Bracket-Pair 403 5000J 533 65 0 107.5 .15 PS-SSSL-Side/SupportBracket-Left 403 5000 533 65 0 $18M 3 $9.16 PS- S -Side/Support Fear Bracket-Right 403 5000 533 65 02 $27.46 $12.86 WPS-SSUNCT24L-Rectangular Cantilever-Left 403 5000 533 65 0 64.3 Hand-24D $18.52 WPS-UNCT24S-Shared Cant!lever-Single-2413 403 5000 533 65 02 .60 4 $10.13 6 4 C1Cruplex Outlet-Line 1 403 5000 533 65 02 $40.52 4 $10.13 E® 6 40 2- uplex Outlet-Line 2 403 5 0 533 65 02 $40.52 $29.23 - 6 4 TPC18-Panel to Panel hurts er-16" 403 5000 533 65 0 $116.92 30.79 - PI®PC21- noel to Panel Ju per 21" 03 5000 533 65 02 $30.79 1 $70.94 E-RUNS I L-LH Receptacle Mounted Ease 403 5000 533 65 0 $70.94 Irnfeed-72L-3 wlreA circuit 7 E-UN8 4 I -PFI Receptacle Mounted Base 403 5000 533 $141.88 infee -7 L-8 Are,4 circuit 1 $157.67_ -Panel H-Base for 96'w Conferen Fables 403 5000 533 6 157.67 1 $3.31 P-DVBS3W-3-Way 90 Degree Base Raceway03 5000 533 65 02 $3.31 Shroud $3.31 P-DVBS90-2-Way 90 Degree Base 403 5000 533 66 02 $29.79 Racewav Shroud 9 151, 3 - VFPP 236-Hard Surface Panel-Powered- 403 5000 3 5 02 $1,366A7 Idx P-13 FRP 42313-Hard Su Panel-bora 5 $104.08 Powered-42Hx36W Raceway Shroud 40L15000 533 65 0 0.40 Page 544 of 1037 1 $107.3 - VFRP 5030-Hard Surface Panel-Non 403 5000 533 65 02 $107.39 Powered-5 x30 $117. 1 P-DVFRPM5036-Hard Surface Panel-Non 403 5000 533 65 02 $1,061.1 Powered-5H3 6 $3.31 -D SEO -End of Run Base Raceway 403 5000 533 65 0 $19.86 Shroud 3 $347.19 RBC1530 - eekcase,4adjuatable 403 5000 533 65 02 $1,041.57 shelves,15D 0 5"l2 1 $279.49 R 9636-96'x36'Rectangular Top,1 1/m Thi 403 5000 533 65 02 $279.49 Table Top 0 l 2 OO 1 $443.01 RLF1342 -Univer al fiie,3 drawers, Flush steel 403 5000 533 65 02 $443.01 front,16 x42 x4O H $432.12 S24363F- abinet-Storage,2 adjustable 403 5000 533 65 02 $2,592.72 shelves, Flush steel front,24Dx36Wx4OH 4 $145.01 S- DBFJ 4- EF Pedestal-24,13 403 5000 533 65 02 $580.04 1 $43. 6 S-SHFDV36-Mid Height Shelf Unit-36W 403 5000 533 65 02 $43.6 3 $61.78 - S243 -Re n uler-2maEdge-24 3 403 5000 533 65 02 $494.24 4 $103.3 - S0243 - urviliriear Comer-2 Ed 403 5000 533 65 02 $413.20 24•D 6 4 $9.16 FS- SS La e/Su port Rear Bracket-Left 403 5000 533 65 02 $36.64 1 12.36 W S-11HCBT 4L-Re ular Cantilever.-Left arid- 403 5000 533 65 0 $12.86 24D 3 $12. 6 PS-UN T2 - eg lla Cant!lever-Right Hared- 403 6000 533 65 02 $38.58 $18.52 ; -UN T24S-Shared Cantilever-Single-24• 403 5000 533 65 02 $74.08 17 $197.9 4600- every Black MESH CHAIRS 403 5000 533 65 02 $3,364.98 1 $141.48 66511610-Td -S ekes- penArms-Caste403 5000 533 65 0 $1,980.72 Choice Seat And Back 4 $129.48 66211 IC-Tri -Stackers-C eraArms-Seat And 403 5000 533 65 0 $517.92 Back 1 $3,985.00 I DELIVERY N l ST, L TIC) 403 5000 533 65 02 $3,985.00 Total $26,395.68 Page 545 of 1037 105 Madison A&anue,15111 Fi� 2 Oakwood Boulevard,Suite 140 '3k9Q6—R0 Lude'9fi-&-2'0d!o` Quotation - 36930 empire office NE'Yw ke N'y dquar Hters -almly'wo-oddgft—33M-0 Mard,PA 1fi-W Ph(W)607-5500 Ph:(954)7U7-6200 Ph:(M)607-5500 Quote Date-06/13/18 Empira Office,lw--EaL 1955 Fx(212)607-5650 Fp:(954)707-6M Fx(347)649-9153 Customer 214052 www.empireafrucezorn Tampa Sheurroom odan&Sh� 4751 Oak Fair Wed 110 FfilloestStreat Terms-NET 30 latmducing owMm Dfirbion! Tampa,FL 33610 Orlande,FL 32801 Contact u I s today for your relocation needs: Ph.(813)419-3300 Ph:(407)628-2400 Acwunt RepresenMve NICK moveservices@ernpireoffloexom Fx(813)418-3301 Fx:(407)S72--3991 GRENNAN Quote Presented To Cusbmer Ship To ACCOUNTS PAYABLE ACCOUNTS PAYABLE CITY OF BOYNTON BEACH CITY OF BOYNTON EACH 100 EAST BOYNTON BEACLVRD. 100 EAST BOYNTON BEACH BLVRD. BOYNTON BEACH FL 33425 BOYNTON BEACH FL 33425 Phone +1 (561)742-6060 Phone +1 (561)742-6060 WATER UTITLITIES Sbta of FAvMa A*:AV Cdn*v"eixbr*425-OOf-12-f Acc&W Co&.ACCTIR I HB120-Panel H-Base for 120"w Conference Tables 1 1,246.00 1,246.00 CFIN1A000 242.85 Vertical Finish-Grade A 80.51% CVADR Vertical Finish-Dark Rum Cherry AFFORDABLE Tag For 120 2 P-DVBS3W-3-Way 90 Degree Base Raceway Shroud 1 17.00 17.00 Shroud-Metal Divider Option: 3.31 NOD D:No 80.53% Shroud- for Sekcdon: BCMT:MT-Medium Tone AFFORDABLE Tag For 3W 90 ............... ............... ............... ............... 3 P-DWSM-2-Way 90 Degree Base Raceway Shroud 3 17.00 51.00 Shroud-Metal DWer Option: 3.31 NODVMD: No 80.53% ShToud- for Selection: BCMT:MT-Medium Tone AFFORDABLE Tag For 2W 90 Prices w ill be held for 30 days but are subject to increase by manufacturer.Reese be advised that this quote may not include applicable-sales and use tax. Quote authorized by: ACCEPTED BY� by: Coslaw - ant rrpire a. TITLE DATE------Page--54.6 of 1037 Corporate Fh*uwU#i HaNywood Snft&0rduPmrm;&mg M5 Madis0n Avenue.15th Flmr 3" d Boulevant SuRe 140 396 Rwr.b�6 209 Quotation - 36930 empire office Kk swV0YNYI0M6 HoAywnd,Ft.MOO milbd, ➢PA mm Ph(212)607-5500 Ph:=3 707-6200 Ph:(212)607-5500 Page 21 11 (conEd) Empire Offick Inc.-Est.1965 Fx:(212)fiW-5ffio Fx:(954)707-6222 F%W-1)649-9M WWW.0MPlr8dfi(;e,CGYn Tampa Shmvream odan&showraom 47510A.Fair01-ed 110 Merest StreetInfivalu&W&wA#wm VhidW TampaL FL 33610 OflamlA FL 328M Contact ur today for your eel tion nPh:(6UMM-3300 Ph:(407)620-2400 Fn:(813)418-3301 Fx:(407)872-3991 a 4 P-DVFRPA49V4-Hard Surface Panel- on Powered- 50H x 9 496.00 4,464.00 24W 96.67 Raceway Cover-Color SeleclJon: 80.51% BCMT.MT'-Medium Tone Fabric Side A: Fabric Side B: Raceway-Meftl DMder Option: NODVMD:No Panel Trim Paint: AFFORDABLE Tag For 5024 F 5 P-DVFRPM5036-Hard Surface Panel-Non Powered-50H x 8 605.00 4,840.00 36W 117.91 Raceway Cover-Color Selection: 80.51% BCMT:MT-Medium Tone Fabric Side A. Fabric Side B: Raceway-Metal Divider Option: NODVMD: No Panel Trim Paint: AFFORDABLE Tag For 5036 F 6 "VFRPM5042-Hard Surface Panel-Non Powered-50H x 4 660-00 2,640.00 42W 128.63 Raosway Cover ®Ccdor Selection: 80.51% BCMT.MT-Medium Tone Fabric Side A- Fabric Side B: Raceway-Metal Divider Option: NODVMD:No Panel Trim Paint: AFFORDABLE Tag For 5042 F 7 P-DV8E0R-End of Run Base Raceway Shroud 9 17.00 153.00 Shroud- for Selecdoin: 3.31 AFFORDABLE 80.53% Tag For EC Prices w ill be held for 30 days but we subject to increase by manufacturer.Please be advised that this quate not include applicable sales and Lae tax. Quote authorized by: A CC E PI BD BY rrGash3w- ent wire . 0. 1"1 E:�"I....................................................................-Ur"..L,-------Page-547 of 1037 Cewparate Headquarters Holl ywoud Sh"naern Armuntingfi order Processing ICS Madison Amur,15th Ilaot 2 Oakwood Ba Ierwd,S.R.140 396ikrjte6&2D9 Quotation - 36930 empire office New Yolk.hry 1=6 Hoilyw-d.FL 31020 MINard,PA MIG 7 Pir,02)607-MOD Ph:054)707-6200 Ph:=607-5500 Pailp 3/11 (conCd) Empire Office,Inc.-Est.1955 FA:(2123 607-sew Fx:(954)70'!-6222 N(347)649-M3 www.empirseffice.corn Tampa Sha own admda Shornmen 4751 Oak Fair Blvd 11a Hilluest Street Tampa,FL 33610 Grindo,FL32801 Contact us today for your relocation needs: Ph(813)416-3.100 Ph:(407)626-2400 ft(613)4W-33W ft:C407)372=3991 8 P-DVWKff5O-Panel Wall Mount Kit-50H 8 85.00 680.00 Wall Mount Paint, 16.57 AFFORDABLE 80.51% Tag For wM 50 9 RCI"-120"x 36"Rectangular Top, 1 112"Thick Table Top 1 1,710.00 1,710.00 CFIN2AOOO 333.28 Horizontal Finishes-Grade A 80.61% HA Horizontal Horizontal Finish-Dark Rum Cherry -F EDGE: Flat Edge PSN No Cut Outs AFFORDABLE Tag For RC12036 10 S-PELWFJ24-BBF Pedestal-24D 9 744.00 6,696.00 PAINTHA-15 145.01 Paint Grade A 80.51% RO-P0012 MT-Medium Tone AFFORDABLE Tag For BBF/24 11 W-MM442-Rectangular-2mm Edge-24D x 42W 345.00 1,380.00 EDGE 67.24 2mm Grade A 80.51% RO-EO50 2MM-Dark Rum Cherry RW-GRRA Option A-No additional grommets LAMAISMO AIS MORE LAMINATES RO-LO186 Laminate-Dark Rum Cherry-(A-T- ) AFFORDABLE Tag For 24/42/2M 12 W-AW472-Rectangular-2mm Edge-24D x 72W 10 573.00 5,730.00 EDGE 111.68 2mm Grade A 80.51% RO-EO50 2MM-Dark Rum Cherry RW-GRRA Option A-No additional grommets LAMAISMO AIS MORE LAMINATES Rk:es w ill be held for 30 days but are subject to increase by manufacturer. Please be advised that this quote may not include applicable sales and Los tax. Qu ate authorized by: ACCEPI E-w' BY, Ar GaskTN errt mire G. Trrl-E-.--. -------Pag&-548 of 1037 cwwata Headquarrers Hollrmod Showounn Acmnting&Ordo Processing IDS Madison r.p,Mh Flaw 2 0domad Boulevard.Ukt.'140 396 Route 6&209 Quotation - 36930 empire office Ne-yorkNY10016 HoUrdood.VL 3302,0 Mord,PA M137 Page 4 11 (conffd) Ph 00(212)6GY-5500 Ph:(954)'107-62Ph:(Z2)607-3S00 Empire Offlc%Inc.-Est.1955 Fx:(212)607L-3650 F�:(954)707-6222 N W)649- '3 www.vmpirwffKe.com Thopm Slomroarn orlwKID 511awroarn 4751Oak Fab,88W110 mdlcrask Street Infaada&V car Move DivislanY TampA FL 33610 Orlando,FL 32801 Cont aLt us today for your tellocathar;needs: Ph(013)4IS-3300 Ph:(407)626-2400 1st oveserAcesgernpireaffice.mm Fx:(833)41S-3301 Fx:(407)072-IM 12 RO-LO186 Laminate-Dark Rum Cherry-(A-T-W) AFFORDABLE Tag For 247212M 13 K1FS,4LK2712FS-A-Leg- 1x2 Post-27H- 12 Depth 5 352.00 1,760.00 Freestanding 68.60 Paint Seledon, 80.51% PAJNTMA-15., Paint Grade A RO-P00112.MT-Medium Tone AFFORDABLE Tag For AU12IFS 14 -A-Leg- 1 x2 Post-27H-24 Depth- 4 374.00 1,496.00 Freestanding 72.89 Paint Seledon, 80.51% PAINTMA-15:Paint Grade A RO-PDO12:MT-Medium Tone AFFORDABLE Tag For AU24/FS 15 1W8,98S4-Side/Support Rear Bracket-Pair 6 92.00 552.00 Paint Selection: 17.93 RO-P0002:BK-Black 80.51% AFFORDABLE Tag For PAIR 16 WS-SS&4L-SidetSupport Rear Bracket-Left 2 47.00 94.00 Paint Selection: 9.16 RO-P0002:BK-Black 80.51% AFFORDABLE Tag For Sc 17 PWS-SSS4R-Side/Support Rear Bracket- it 3 47.00 141.00 Point SeledJon: 9.16 RO-POD02: BK-Black 80-51% AFFORDABLE Tag For Sc Is WPS-UAfCT2,&-Regular Cantilever-Left Hand-24D 5 66.00 330.00 Paint Sellectlion: 12.86 RO-P0002:BK-Black 80-52% AFFORDABLE Priceany ill be held for 30 days but are subject to increase by manufacturer. esae be advised that this quote may not include applicable sales and use tax. Quote authorized by- — ACCEPTED BY- r Gasiotv - ent n-Vp ire I U. --Rage-549 of 1037 a aCarprate Headq HWkwaad Sholemam Aluenonting&orderP l 1105 Madlean Aeras,15th Flo., 2 Dacticad Boulevard,Pull 144 396 Ruu1e6€u 209 Quotation -36930 empire office 1 New Ywk HYIoM6r Hdlywi FL 33424 Miliwd.PA7 7 Ph Ulo 607-SSW Ph:( )707-6200 Ph:(282)647-5500 Page /11 ( n Ernpiam Office,Inc.-Eat.9 Fa:(212) -5650 Fx:(954)701 Fx(347)6a9= .Bmpireoffmcc Ta m call shewcal kibmaimbeemAllim Divisim! 4751 Oak lick OW 116 Hill Slimet Tampa,FL33610 €SrGnrda,FL 32663 Contact u5 today for your o-rlo �,.tion n Ph(1833)416-3900 PK(447) 2400 n'r� etvl rnP9 Flire.cam Fx:1$13)416-3301 Fa:W07)672-3991 pillilllm,: !illill,iiiiiiiiii'li,lll =1 mm� 18 Tag For LH-CTL-24 19 -Shared Cantilever-Single-24D 5 95.00 475.00 Pal Sellection, 18.52 RO-P0002:BK-Black 80.51% AFFORDABLE Tag For SH-CTL-24 20 f-Duplex Outlet-Line 1 4 52.00 208.00 AFFORDABLE 10.13 Tag For L1 80.52% 1 -Duplex Outlet-Line 2 4 52.00 208.00 AFFORDABLE 10.13 Tag For L2 80,52% 22 1 -Panel to Panel Jumper- 18" 4 150.00 600.00 AFFORDABLE 29.23 Tag For 80.51% 8 '-Extended Panel to Panel Jumper-21 I 158.00 158.00 AFFORDABLE 30.79 Tag For 80-51% 24 E-UN81*4BIFL-LH Receptacle Mounted Base Infeed-72L-8 364.00 364.00 wire,4 circuit 70.94 AFFORDABLE 80.51% Tag For LH BIF 25 -RH Receptacle Mounted Base Infeed-72L-8 2 364.00 728.00 wire,4 circuit 70.94 AFFORDABLE 80.51% Tag For RH BIF 26 -Panel H- ase for 6"w Conference Tables 1 809.00 809.00 CFi N 1 A000 157.67 Vertical Finish-Grade A 80.51% CVADR Vertical Finish-Dark Rum Cherry AFFORDABLE Tag For 96 27 -3-Way 90 Degree Base Raceway Shroud I 17.00 17.00 Shroud-Metal Divider o : 3.31 NODVMD: No 80.53% Shroud-Color Selection: T-Medium Tone Prices w ill be held f clays but are subject to increase by manufacturer-Reese be advised that this quote may not include applicable sales and use tax. Quote authorltzed : - ACCEPT BY- r Gaelow - ent ire 0. TITLE:. .. .-...... ....... -. „-----------------Page-550 of 1037 office taH quartsx l Stogy nting& seem 1 amn Awnue,15th Floor 2 Oak d SO:sr�-reed.S.H.140 6&209 Quotation - 36930 empire P±aw yK MY 7 6 HaRy-Need.Fl 53020 Miffard,PA 9 Ph(212)607-5 Pte:( ' )707-6200 Ph:(212)607-5500 11 { Empire Mice,Mr--Eirt.1455 Fx:02)607-5 Fal 0 5 47 707-6272 Ft(347)649.9153 www.empiredfice.com Tampa Sh od 5 r 4751 Oak Fn[8 @!'std 11OH&Ptsistmat h4wducing carMon litmi r? Kamm FL 33610 Orlando,FL32BOI Contact us today Ibr your relocatim needs: M.(8'13)416-5300 Ph:(4071628-2400 moveserc &mpire ce.t Pie 03)410-3.301 Fx:(407)872-3941 i 7 AFFORDABLE Tag For 3W 90 28 -2-Way 90 Degree Base Raceway Shroud 9 17.00 153.00 Shroud-Metal Divider Option: 3.31 NODVMD.,No 80.53% Shroud-Color Selection: T-Medium Tone AFFORDABLE Tag For 2W 90 29 -Hard Surface Panel-Powered-42H x 36W 9 779.00 7,011.00 Fabric 151.83 FOOIA: Fabric Grade A 80-61% FAB-AN:Non-Directional Fabric-Grade Fabric Side : F001A.Fabric Grade FAB-AN: Non-Directional Fabric-Grade A Raceway Cover-Color Selection: BCMT:MT-Medium Tone MetalRaceway- Divider Option: No Panel Trim Paint AFFORDABLE Tag For 4236 F 30 -Hard Surface Panel-Non Powered-42H x 5 534.00 2,670.00 36W 104.08 Raceway Cover-Color I 80.51% T-Medium Tone Raceway-Metal DMder r tion: NODVMD:No Fabric Side Fabric Side Panel AFFORDABLE Tag For 4236 F 1 -Hard Surface Panel-Non Powered-50H x 1 551.00 551.00 30W 107.39 Racaway Cover-Color I 80.51% Dices w ill be held for 0 day a but are subject to increase by rnanufacturer. ass be advised that this quote y not include applk-,able sales and use tax. Quote authorized a PTW Y`- er GasB a - ent ire c. T PI UATE------Page-551 of 1037 Cwporata Heaftewtsm Hollywood Shmrrifing&Mder ftmOing 109 rA.di-a Awme,15th Flow 2 Oakwood Boa!w",S.R.140 196 Rmt.6&209 Quotaflon 36930 empire office NaWYb,kNV1DM6 Hallywo*d.FL 33020 MWord,PA Ph(212)607-000 Ph(954)707-620D Ph:(42)601AS37 7-5500 Page 7 -11 (cont'd) pias as,inr-Ed.19555 Fx:02121 6TI=6650 Fx:(954)707-G222 Fx(347)649-8153 WWW.Lmisireaffice.coyn TampQ Showom Qlando show 475100 Fair OW 110 tfllla�t streetrabodwdho CW Maw Divirio"! Tamp,FL 33610 0damia,FL 32801 Contact us today for your rolocation needs: Ph(693)478-33 Ph:(407)628-2400 ruomerAces@empire offieexora Fx:(813)41a-3%X F%:(407)872-3991 31 BCMT:MT-Medium Tone Fabric Side A- Fabric Side B: Rawway-Metal Divider Option: NODVMD:No Panel Trim Paint: AFFORDABLE Tag For 5030 F 32 P,0VFRPA0W6-Hard Surface Panel-Non Powered-50H x 9 605-00 5,445.00 36W 117.91 Raceway Cover-Color Selection: 80.51% 9CMT: MT-Medium Tone Fabric Side k Fabric Side 8; Raceway-Metal Divilder Option: N0DVMD:No Panel Trim Paint: AFFORDABLE Tag For 5036 F 33 P-DV5E0R-End of Run Base Raceway Shroud 6 17.00 102.00 Shroud-Color Selection: 3.31 AFFORDABLE 80.53% Tag For EC 34 RBC153054-Bookcase,4 adjustable shelves, 15D x 30W x 65 3 1,116.00 3,348.00 1/2H 347.19 BASIC:7237 SLATE 68.89% WGHT PKG:*OPT:COUNTERWEIGHT PKG NO WGHT: NO COUNTER WT PKG STEELCASE Tag For BC/5H/30 35 RC9636-Wx 36"Rectangular Top, 1 1/2"Thick Table Top 1 1,434.00 1,434.00 CFIN2AOOO 279.49 Horizontal Finishes-Grade A 80.51% CHADR Horizontal Finish-Dark Rum Cherry EDGE: Flat Edge PSN No Cut Outs Prices w ill be held for 30 days but are subject to increase by rrianuf acturer.Please be advised that this qjote may not include applicable sales and LBe tax. QUO tO authorized by: ACCEFFED BY:-, AGaslaw - ent � I e% -nt rTpire i is .................................................................C)ATE....................._____Ftage--552 of 1037 Cetparake Headquarters HaRywwd S : hrr� Aown11ng&Ords ftcassing 2 OA�d B51ftwd, d.140 3%Route 6&209 - 36930 10 Madimn Avesue,15th Fkw Quotation empire office me�vb�k NY 10016 Hall yw"W,FL 33020 MUcrt PA 15337 Page 8/11 (cWd) Ph(212)607=5500 Ph:(M)707-6200 Ph:(02)W=5500 Empire Offica,Inc..FAL 1955 Fx:U12)607-5650 Fa 1954)707-6222 Fx(347)649-9153 WWW-empirsofficecom Tampa Showroom oflanda shvwr� 4757 Qj�Fair Blvd 110 Hllcresi Street hdroaftwiffs Mar Mom Akhrmul Tampa,833610' Ortanda,FL32801 Contact us today for your mictation needs: PK(813)419-3300 WC-107WO-2400 MoVeSemloesezenoreafficrexorn ft(M3)410-3301 Fx:14197)072-3991 NONE E=m 35 AFFORDABLE Tag For RC9636 36 RLF18423F-Universal; Lateral file, 3 drawers,Flush steel front, g1,424.00 1,424.00 18D x 42W x 40H 443-01 BASIC.,7237 SLATE 68.89% LOCK,9201 POLISHED CHROME KEYS:SK RAND WGHT PKG:*OPT:COUNTERWEIGHT PG NO :NO COUNTER WT PKG STEELCASE Tag For LF/3142 37 RSaXWCF-Cabinet-Storage,2 adjustable shelves, Flush steel 6 1,389.00 8,334.00 front,24D x 36W x 40H 432.12 BASIC:7237 SLATE 68.89% LOCK 9201 POLISHED CHROME KEYS:SK RAND STEELCASE Tag For SC/40 38 S-PMBBFJ24-BBF Pedestal-24D 4 744.00 2,976.00 PAINTHA-15 145.01 Paint Grade A 80.51% RO-P0012 MT-Medium Tone AFFORDABLE Tag For BBF/24 39 S-SHFDV36-Mid Height Shelf Unit- 6 I 224.00 224.00 PAINTMA-15 43.66 Paint Grade A 80.51% RO-P0012 MT-Medium Tone AFFORDABLE Tag For MHIV/36 40 W-HfS2!AW-Rectangular-2mm Edge-24D x 36W 8 317.00 2,636.00 EDGE 61.78 2mm Grade A 80.51% RO-EO50 2MM-Dark Rum Cherry RW-GRRA Option A-No additional grommets LAMAISMO AIS MORE LAMINATES Prices w ill be held forW days but are subject to increase by manufacturer.Rease be advised that this cluoter may not include applicable sates and use tax. Quorte aulborized W ask- - a'de-n—t ACCEPTE) er'rt� P re 8 rE,.1111111111............... -P-age-553 of 1037 cmParaigmeadquartm Hollywood Sftfii0rdoPForacSig 109 MA-v A.1,'65fh Flow 2 Oakwood Hajteyard,S.1te M 396 Route t6& 209 Quotation - 36930 empire office Now Y04�N'-1-6 Hoflywowf,FL 33020 Millael.PA 16337 Y Page 9 11 (=Wd) Ph(212)607-5500 Ph:(954)707-6200 Ph:(212)607-SSOD Emptre Office,Inn-UL IVSG Fa:0212)607-5650 Fx:(954)-10?-6M Fx(347)649-9153 Woror-ernowfficeXorn Tampa Showown Wanda 5haarr� 4751 W NY VW 110 HlkcrsstStrezt Imalroducing aur Mew WaWaml T..MFL33610 Orlando,R.32801 Contact us today for your relocation needs: Ph 03)416-3300 Ph:(407)628-2400 Fx:(813)410-330" N:(407)G72-3991 40 RO-LO186 Laminate-Dark Rum Cherry-(A-T-M AFFORDABLE Tag For 24/36/2M 41 W-WSCC2436-Curvilinear Corner-2mm Edge-24D x 36W 4 530.00 2,120.00 EDGE 103-30 2mm Grade A 80.51% RO-EO50 2MM-Dark Rum Cherry EDGEC 2mm T- old Edge-Grade A-Curved Edging RO-EI50 2MM T-Mold-Dark Rum Cherry RW-GRCA A-No Grommets or Corner Cutout LAMAISMO AIS MORE LAMINATES RO-LO186 Laminate-Dark Rum Cherry-(A-T-W) AFFORDABLE Tag For 24136/2M 42 PVPS-WS4L-Side/Support Rear Bracket-Left 4 47.00 188.00 Paint Seledon: 9.16 RO-P0002:BK-Black 80.51% AFFORDABLE Tag For SC 43 WPS-UAfC72A-Regular Cantilever-Left Hand-24D 1 66.00 66.00 Paint Selection: 12.86 RO-POD02:BK-Black 80.52% AFFORDABLE Tag For LH-CTL-24 44 KPS-UN=4R-Regular Cantilever- it Hand-24D 3 66.00 198,00 Paint Selectlon: 12.86 RO-P0002:BK-Black 80.52% AFFORDABLE Tag For RH-CLT-24 45 WP$-UNCT21S-Shared Cantilever-Single-24D 8 95.00 760.00 Point Selection: 18.52 RO-P0002:BK-Black 80.51% AFFORDABLE Prices w ill be held for 30 days but are subject to increase by manufacturer.Rease be advised that this quote n-way not include applicable-sales and use tax, Quote authorized by: ACCEP E-1 BY rGaslaw - OrTt rrpire . C. TFLE: gage 5�4 of 1037 ® ® & re off ce 905 Madlsan Auenve,l5ih Flow 20Aw lftWwmfd,Sa8e148 3%Rwte6&209 New Y .NY10015 HoUywan,FL 33028 Ward.PA 18337 Ph.(212)607 Ph:(954)7076200 Ph:(212)607-SSGO fto 10 111 in Offics,Inc-Est. 5 Fx(212) 6L(454)707-6222 Fm(347)549-9153 W W WA"Pl tce.com OH exr ! 4751 Q*Fah OW 1m mucrest street Tampa,FL 3:3510 Iklaada,FL 3281 Contact us today for yowf ldocation Ph(813)418-3300 Ph:(407)628°2400 moveserviam@errvireofficatern FM:(813)418-3301 Fr.(407)872-3991 45 Tog For SH-CTL-24 46 -DEVENS BLACK TASK BLACK MESH CHAIR-EXPRESS 17 610.00 10,370.00 AFFORDABLE 197.94 67.55% 47 -Trix-Stacker-Open Arms-Casters-Choice Seat And 14 436.00 6,104.00 Back 141.48 FABRIC1. ( 67.55% : FU017.Fabric Modular Choice Upholstery-Grade A GUILFORD TIMELESS 4:FABRIC-UPHOLSTERY ONLY-TIMELESS 9846-LICORICE 5010 CARPETCASTER CHOICE FOR TRD(CHAJR8: CASTER FOR USEIN TRIX SERIES 600 TRD(FIRE : CP-NONE:CAL 117 STANDARD AFFORDABLE 48 -Trix-Stacker-Open Arms-Choice Seat And Back 4 399.00 1,596.00 Fabric 129.48 FABRICI 1 ( 67.55% $147): FU017:Fabric Modular Choice Upholstery-Grade A :GUILFORD TIMELESS :FABRIC-UPHOLSTERY ONLY-TIMELESS 9846-LICORICE 5010 AFFORDABLE 49 -DELIVERY AND INSTALLATION DURING NORMAL 1 0.00 0.00 BUSINESS HOURS 3,985.00 EMPIRE OFF 0.00% QuotiftnToWs Sub TOW 95,157.00 Lms 7226% -68,761.32 Grand Total 26,395.68., End of Quotation Prices w ill be held for 30 days but are subject to increase n tur .Please be advised that this quota may not include applicable;sales and use tax. Quota authorized ACCEPTED Y: r i of 1037 Craporala HeadWouiffs N®I Shouunorn Accounting&Ordat P�ft a05 MmUson Aw-A 15U,floor 2 Oakd timWmi Suite 396 Mute 6&209 Quotabon - 36930 empire office NewYh+�NY 10016 HollyoodiF1.33020 tMk,,drAism7 Ph(212)607-5500 Ph:(954)707-6200 Ph:(292)07-5500 Page I I 111 (cont"d) Empira OMW Inc.-E%L 1965 fic(212)607-M50 Fx:(954)707-6222 Fx 73475 6®4 www.ompirwffice.com Tafflp5howraom odmido Sha� 470 ON,FainBW 110 H91cmt Stmat Inhodw*10ourma"Dividen! 114rapa,fl-33610 Orlandq FL 32801 Contact us today for your relocation nee& Ph(813)476-3300 Ph--(407)626-2400 mom eservicasiperntsifeaffice.com Fr.(813)418-3301 Fx:(407)872-3991 Empire Office Standard Terms&Conditions of Sale (other Terms&Condition may apply under separate cover) 1. These Terms&Conditions are superseded by any contradictory terms and conditions included in a contract between Empire Office,Inc.('Empire)and the client in effect at the time of purchase, In such a case,these Terms&Conditions require no signature. 2. Payment and Te s: Extended Payment Terms,including but not limited to,not 30 day payment terms.are subject to approval by Empire's Credit Department. In the absence of such approval,all charges are due prior to deflvery(loss any advance deposit otherwise required and paid). Subject to Empire's Credit Department approval of the customer's credit application,all of Empire's invoices are due,net 30 days from the date of delivery orinstallation. A service charge of 2%per month will be assessed on past due Invoices, If Empire is not permitted to deliver the furniture when it is received from manufacturer(s),the client will be invoiced for the full amount at the time Empire attempts delivery. Payment of 90% of the full invoice Is acceptable until delivery or installation is completed,Title to the merchandise passes to the Buyer only when the full purchase price and all other charges under this agreement have been paid in full. In the event of any default in payment, Seller retains the right to repossess all of the merchandise 90 days after the due date of the invoice. 1 Deposits: A deposit is required with the order on all orders. The amount of the deposit is determined by the Empire Credit Department after review of the customers credit application. 4. Tax Empire will include sal es tax on the Invoice unless the client provides a sales tax exemption cartificate. 5. Customer Order. Empire will process customer orders after receipt of an executed copy of these Terms and Conditions,a client-signed valid quote or a client-signed valid purchase order, and completion of any Credit Department requirements for deposit or payment. Except for credit and payment terms,these Terms and Conditions will continue to apply to all subsequent orders,unless otherwise agreed In wrifing, Empire may modify credit andlor Payment terms from time to time as necessary. Empire will communicate such changes,if any,to the client in writing prior to the execution of any orders to which the terms would apply. 6. Changes and Cancellations: Upon acceptance,orders can not be changed or cancelled without Empire's written consent. The costs of approved changes and/or cancellations are the responsibility of the client. 7. Returns: Merchandise Is not returnable unless it has been authorized by the Manufacturer with the dient bearing all costs including freight, pickup, delivery, restocking plus 1160/6 of the purchase price for Empire's overhead. Delivery and Installation; Empire is responsible for delivery and installation during normal working hours 8.00 AM and 4W PM. Monday through Friday,unless otherwise noted on the purchase agreement. Except as mentioned above,the client Is also responsible for overtime premium for work performed outside normal hour& The client is also responsible for required prevalling wage or union labor and related benefits in excess of Empire's normal rates. It is the responsibility of client to be present at time of installation! livery,to acknowledge receipts and condition of furniture. Cilent's failure to sign for recelpt may result in a redefivery or an additional trip by Empire,at an additional cost to Buyer. Any loss or damage of furniture stored at the client's location is the client's responsibility,regardless of the cause. 9. Condition of job site: The job site must be clean and free of all other trades and construction debris prior to installation, with sufficient electrical current, heal, elevator service and a secure staging area available during the course of the installation. The cKent Is responsible for the scheduling of all elevators, elevator operators, security, hoisting, loading docks, power and any other building services needed. Failure to provide a job site in the proper condition may result in installation delays and/or additional charges,at Empire's sole discretion. 10. Partial Deliveries can be made at the Client's request for an additional charge. Unplanned partial deliveries may result in a premium,overtime charge. 11. Storage:Merchandise can be held without a cost for up to 30 days at Empire's warehouse. Any merchandise hold beyond 30 days due to client's inatifflity to receive the delivery will Incur a storage fee of 2%of the Selling Price per month. Any product owned by the Buyer that is brought to and held by Empire Office for more than 30 days will Incur a storage fee of$1.35 per square foot of space occupied billed to the client on a monthly basis. 12. Warranties,Maintenance&Repair: If the client Is dissatisfied at the time of installation/delivery.It should be noted on the Punch List. Damaged merchandise wall be modified to the client's satisfaction,or will be replaced,Buyer may delay payment of up to 10%of the invoice,without penalty,until all Punch List items are corrected. However,It Is expressly understood that the remaining 901/a of the invoice is due and payable,under the credit terms extended by Seller,regardless of the presence or extent of Punch List items. All claims for breach of warranty,expressed or implied shall be made solely upon the manufacturer,it being agreed that Empire is not be responsible for any such item. Empire will provide the necessary service at no charge to correct defects it caused or which are covered by the manufacturer's warranty(the terms of which vary by manufacturers). Non my repairs and maintenance will be performed at our standard pricing. Buyer will be notified In advance If there will be a charge for a service. 13. In the event the client falls to pay all outstanding balances within payment terms the client is responsible for all legal fees. 14. Use of materials and narric Empire may fist die project and client In the published lists of its clients and projects.Empire may also use copies of images and videos of the project and related content for its portfolio purposes in connection with its prospective clients. 15. Design:Buyer acknowledges that in the event the order Includes design services,Buyer is allowed up to three design changes. Any subsequent changes caused by Buyer may result in additional charges at the market rate for design services. These Terms and Conditions have been reviewed and accepted by: ...... ..... F�",T 711ii'1_11'1"11.......... ................................. ... ....... .... .. .............. .. ..................................................................... Prices v;Ill be held for 30 days but are subject to increase by manufacturer.Please be advised that this quote may not include applicable sales and see taK. I- Quote authorized Inv: ACCEPTBD trrr�_�sant nrp ire 0. "n 1'.11,',�...................... ............... ................................Rage 556,of 1037 co co 1 li Ln pq I pq -W E-1 F4 124 z Fa I 0 P4 z MP I M li M M CD N (n w OD M %D 0 C3 M MO Q! 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E-i H Z �:j I I P ol N w w w > 0z z P4 n R H 0 H cn Z rn 0 0 w u CL) D E-+W 9 1 u M M M M M p lJ 04 m m m m m m H w N w w w M r-I a) m P4 H -144-) (d 1 1 C7 C7 C7 C7 0 4J(d 4 W 0 0 0 0 00 14 H U V P4 9x w Ix w DQ (d 0 p 04 P4 R C40 U O)r-i Ptrib z z z z z 4-J W44 P 0 H H H H H Op4u P4 04 Ix P4 IX 44 0 rd EWPWE-0WPMEyM 0 3:V4 rd 4-j mpmpmpmpmp 4J 0 r-4'0 r� MONCM4 -W P (L)U r-I-ri V HOM b) -Hpo A U u u u u 0 0 Ea��0 u I I Ptri H U Fl Fq 4J`d Q)Ga a' M U C!°4 W 4)rd 0 LH H 1:4 I'X r'd 44 JJ 0 1 44(d 4 CA (d u pPjj a)0 a) IV w(d:j rd 1-1� r-I—4 L14 4.)CD 0 0 C3 C3 04 JJ Ul 0 m 0 m m m al 4-1 0 4a) I W W LD kD P(d 0 . m m 4 Hp ON m m bW 44 r PQ m 0 m m w r. ,ro=w H c. n cli C3 CD H V.>+(q a) a)Oq a)m k O E-4 00 C., 0. .0 00 0 .0-1 A�4 M 0 H LO Ln U) m Ln ri 41 0 CO'd EI 0 H I Um rnm en en w fdlq r. 1 UC) C, 0 a 0 Z .,i 4 Tr 0 0 v IV v v 8 w Z�4 �4(V-W k Rj4J CY Q I I H OP4 0 pq M 4-1 a)(D(d FZ4 H j r. 0 P I H IZP v v v v 0 S4 0 MO OU Fq z ra :AP okou J9 N.°�0 W44U4 Page 563 of 1037 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 611312018 H.T.E. I 71574 Contract Coordinator HLK Procurement s't: Director: City r n dgeted Reason For Purchase: Conference Chairsr r The West Water Treatment Plant's . There are few existingi in this v the chairs are worn furniture will be purchased from EmpireEmpire's i i is based on State of Florida - - 12-1 Accountis beingi t in different departments including our Utiliti . VENDOR 0 1 INFORMATION: Name: Empire Office Admin. ( ) Date: 06/13/2018 ASAP (x Engineering ( } t fir . ) Address: 2 Oakwood Blvd, Suite 140 Cust. Rel. ASAP/Conf . ) Hollywood, I. 33020 Distribution { ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 5 -7 1 Water Qual. ( } QuotesNerbal ( ) E.Admin. 40 Nick Grennan (over$500) Pumping { ) not s rie (x) E. WTP 41 over 2 VendorNumber: 12766 PWTreat. (x Bid Does. W.WTP 4 (x Meter Serv. Sole Sourcer. P/Ll 99 { I r Sewage ( Insurance ( cial Instructions: Requirements: tr .r. Project Number: an. Unit Price Description &Part Number Fund BasicElem__gb Amount 6 $197.94 - ev ns Black Task s it 401 2811 $1,187.64 24 $129.48 662UBK-Trix-Stacker-Open Arms-Choice 401 2811 536 52 $2,999.52 Seat and Back Fabric 1 I-Delivery And Installation During 401 2811 536 52 20 $685.00 Normal Business Hours Total $4,980.16 Page 564 of 1037 co CO I v C%1 0 %D 01- r- to a co 0 00 CD 104 H r-1 ko GN GN 0 P4 M :> 0 6 C3 LO Z m w LO CD r-4 C� d W 00 0 0 r� r� OC) d0 I co 0 W OD '1 -1 WN M M H PEA 0 C) C) Z �v Z R4 HO 0 O0 0 �P CID C3 0 Ln M 0 U I (n 0 - E-1 H IW 0 F-1 yl 00 1 p C> fX 104 H E-4 H %D w � 0 U E-i z 8 M z >W 14 0 0 0 H P4 w P 1 0 C) 0 I Pi E-i P4U H I p4z P4 �q I kD H u <M 0 H N W C4 Q W M E-q 04 N m z Z 9 Ea 00 U IQ 1m H U CIj I V2 MZ m I 0 0 m U z U m 0 0 4 0 U H 44 14 0P tl OO 0 �4 43 ty? C; 0 'd 6) 44 rd Q)>4 r. dW U r.5 4i'd 41-4 m Ln m Ln M Ln Q 09 H oram 0-,01d W L--W r'M r- Ck ow pw uu0 H4fj-HV)-Hqji- M 14,044 EQ 0 zr w H r VIA VF1 v Ix OWO 004jwu H I ZJ I al 04 P4 W441315.0 r,11 0 5 I P 04 N P4(-I (d r!rd;j u'd�P-,i w 0 5 O 0 0 0 P 0 0 CA W m 14 co M MUO 0mv9,m 2 x z k HG pod rjq 41 u N R134 C4 0 04 -ri w ,Q r4 r. NAN HRF-iZF-i rd MR0 '00 UH H H E-401PH o H�:)H 44J 4 4WHO �Ii e - I lCIO U 04 m �Tl r4 0 M W r-AHN 0$4 W r-4 4$4 r-i biH 4d z P4 'E ON Q �2;tn �0,n M C4 M IX w W. QP4 U Cd-Ha MQ4 H N 0 N 0 P 0 C14 04 M 04 D4 C14 0 ri w 000000 W4Jt"M 00-rild M -0 P4 -0 M Noo m omm z W® $4 P3 Q)-rq 0 W 1 C4 HQ1 13)-1 r4�4 1Q JJ 9 41(d;J WA r. 9 F 1 Cfi N R 1.1JM44-) NMVJ4J H m 1 H Ix b4 H 9x H pi C> C) 0 0(d-rq U-1 M V-1 S4 0 �'4 H H N C14 N rjwm a a)0) n N C14 N �4 W Q)�4 W=M>4iW r- log RM 1,M Ln Ln LO M �E-1 4�;.�-M -11 441J NU m r�4 rJ NXNU I LO w ND .4J LI-4 141 ZI—i� rn m M m54 0) R ri r.Z rd M 0 Z m Ln to In w (d W44 w w fu 0 04 H 0 .4:lq r� H�;(� H>4Q 1 E�-1 ri H z P H P E- HR Pi FIPO r-i 14 4D>P 41�-j-,I Q O H PHI WH E na) a) Go 0 k�C$4(D -r.;j P4 Wng �a 9�ox I ON N N U ;j (d�: -aj 0 U4 m P 0 00 too P40Q)uU U H wq p! H UH -q H Pay REU u U0 C) 0 (a-r-1 ru 46-1 I v " v k(D&4 ;J 4-1 rd r.W 4J O H 0 ul OM NN cdo� H 0 3:W(d LL-4 a(d M :0 1 LD U FFSWN ri m Eiifs I P N W4-40-1 ri aq : v w 0 H P 0 WF- 0-H W 134 ca 04 Cd Q)0rx404J 04 H W I I w H OP - Z,4 N m t:) M G CO�4-ri w E-4 qq H ON NO�0-4 0 04 U F4Z W d)0 0,C!(L)54-4U 0 0 �X W44�44J>IN 04M 0 Page 565 of 1037 ® officere H fi I 345 Aw"1'fi hF�r 2 Ievard,5cdh140 396 fi&2o9 empNlw Ylek,NY 18b7b Hdlyw ,FL 3 MfifCed,PA 78337 Ph-(M) 7 w,:(VA) Ib H,:(212)647-55DO Quote Deb-06/13/18 inti_EvL IM Fx:MZ) Fx(954)74r Fx(347) 53 CUStWW214052 c®com 47M oak€x1r 1u,d Ito Hi t s1Rd T -NET 3 Contad 13s Toch r rolocatian n Tampa,FL 33614 q FL 326M Y far Y� Ph 03)4,& ME(407)626-2444 AC=Mt RePrOSSUMM NICK rNces` pIr ce.[om Fx:(813)418-5341 N:(447)1172-3991 GRE NA Quote Presented TO Custorner Shiip T ACCOUNTS PAYABLE HOWARD KERR CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH 100 EAST BOY TON BEACH B LV D. 124 E.Woolbright Rd YTN BEACH FL 33425 Boynton Beach FL 33435 Phom +1 ( 1)742-6060 Phone +1 (561)742-6497 NEW AIS CHAIRS CW*N"&7dff*42S4V1-af I N 1 46M-D EVENS BLACK TASK BLACK M ESHCHAIR_EXPRESS 6 610.00 3,660.00 AFFORDABLE 197.94 67.55% -Trix-Stacker-Open Arms-Choice Seat And Back 24 399.00 9,576.00 Fabric 129.48 CHOICEFABRIC E $32 67.55% $95$147): FU017:Fabric Modular Choice Upholstery-Grade A GUILFORD TIMELESS FABRIC-UPHOLSTERY ONLY-TIMELESS 6-LICORICE 5010 AFFORDABLE ..................................................... -DELIVERY AND INSTALLATION DURING NORMAL a 0.00 0.00 BUSINESS HOURS MONDAY THROUGH FRIDAY. 685.00 EMPIRE OFF 0.00° TotalsQuoteaw SubTobd 13,238.00 Low .S Gmnd Total 4.980.16 End or Quotation Prices w III be held for 3D days but are subjectto increase nuf tur ase be advised that this quote may not include applicable sales and use tac- Quote authorized r Gaskw- ent ire T rrL 2; -Page166 of 1037 Corperrate Hwdquert@m Hollyaroof Showroom Acxaurdings Ordo sing 1 105 Madis Avenge,156.now 2 OaW=d baulevan],Suite 140 396Wa6&2D9 Quotation - 36392 empire office Hollywood.FL 33020 MOM4 RA ISM7 KY10016 Page 2 2(conrd) ph(2W 607-SSGO PIL 1171 )707-6200 FIL(212)607-SSOO En*re CrIfim Inc-Est.1955 Fx(212)607-5650 Fx;(954)707-6222 rf(347)649-9153 wwwjemoreoffice.com Tampa Shwrmarn Qlando Shoarr� 4751 Oak Fair Elval 110 Hillcrest Street Infi,odudkir ow Mom VivhSora TarnpA R.3M10 Orlando,FL328DI Contact us today for your relocation needs: ph(8 1 3)418-3300 Ph(407)626-2400 moveservices&n1piveoffim.corn Fr 013)418-3301 Fx:(407)072-391M Empire Office Standard Terms&Conditions of Sale (Other Terms&Condition may apply under separate cover) 1. These Terms&Conditions are superseded by any contradictory terms and conditions included In a contract between Empire Office,Inc.('Empire")and the client In effect at the time of purchase, In such a case,the Terms&Conditions require no signature, 2. Payment and Terms: Extended Payment Terms,including but not limited to,net 30 day payment terms,are subject to approval by Empire's Credit Department. In the absence of such approval,all charges are due prior to delivery(loss any advance deposit otherwise required and paid). Subject to Empire's Credit Department approval of the customers credit application,all of Empire's invoices are due,net 30 days from the date of delivery or installation. A service charge of 2%per month will be assessed on past due invoices, If Empire is not permitted to deliver the furniture when it Is received from manufacturer(s),the client will be invoiced for the full amount at the time Empire attempts delivery. Payment of 90%of the full invoice Is acceptable until delivery or installation is completed.This to the merchandise passes to the Buyer only when the full purchase price and all other charges under this agreement have been paid in full. In the event of any default in payment, Seller retains the right to repossess all of the merchandise 90 days after the due data of the invoice. 3. De sits: A deposit is required with the order on all orders. The amount of the deposit is determined by the Empire Credit Department after review of the customers credit application. 4. Tax: Empire will include sales tax on the Invoice unless the client provides a sales tax exemption certificate. 5. Customer Order Empire Will process customer orders after receipt of an executed copy of these Terms and Conditions,a client-signed valid quote or a client-signed valid purchase order, and completion of any Credit Department requirements for deposit or paymenL Except for credit and payment terms, these Terms and Conditions will continue to apply to all subsequent orders,unless otherwise agreed In writing. Empire may modify credit and?or payment territs from time to time as necessary. Empire will communicate such changes,0 any,to the client in writing prior to the execution of any orders to which the terms would apply. 6. Changes and Cancellations: Upon acceptance,orders can not be changed or cancelled without Empire's written consent. The costs of approved changes and/or cancellations are the responsibility of the client. 7, Returns: Merchandise is not returnable unless it has been authorized by the Manufacturer with the client bearing all costs including freight, pickup, delivery, restocking plus 15%of the purchase price for Empire's overhead. Delivery and installation: Empire is responsible for delivery and Installation duff ng normal working hours 8:00 AM and 4:00 PM. Monday through Friday,unless otherwise noted on the purchase agreement. Except as mentioned above,the client Is also responsible for overtime premium for work performed outside normal hours. The client is also responsible for required prevailing wage or union labor and related benefits in excess of Empire's normal rates. It is the responsibility of client to be present at time of Inerallation1delivery,to acknowledge receipts and condition of furniture. Client's failure to sign for receipt may result in a redelivery or an additional trip by Empire,at an additional cost to Buyer. Any loss or damage of furniture stored at the client's location is the clients responsibility,regardless of the cause. 9. Condition of job site: The job site must be clean and free of all other trades and construction debris prior to Installation, with sufficient electrical current, heat, elevator service and a secure staging area available during the course of the Installation. The client is responsible for the scheduling of all elevators, elevator operators, security, hoisting, loading docks, power and any other building services needed. Failure to provide a job she int proper condition may result in installation delays andlor additional charges,at Empire's sole discretion. 10. Partial Deliveries can be made at the Client's request for an additional charge. Unplanned partial deliveries may result in a premium,overtime charge. 11. Storage:Merchandise can be held without a cost for up to 30 days at Empire's warehouse. Any merchandise hold beyond 30 days due to clienfs Inability to receive the delivery will incur a storage fee of 2%of the Selling Price per month. Any product owned by the Buyer that is brought to and hold by Empire Office for more than 30 days will incur a storage fee of 51.35 per square foot of space occupied billed to the client on a monthly basis. 12. Warranties,Maintenance 8 Repair: If the client is dissatisfied at the time of installation/delivery,It should be noted on the Punch List. Damaged merchandise will be modified to the clients satisfaction,or will be replaced,Buyer may delay payment of up to 10°/a of the Invoice,without penalty,until all Punch List items are corrected. However,it Is expressly understood that the remaining 909E of the Invoice is due and payable,under the crecill terms extended by sailer, regardless of the presence or extent of Punch List items. All claims for breach or warranty,expressed or implied shall be made solely upon the manufacturer,it being agreed that Empire is not be responsible for any such hem. Empire Will provide the necessary service at no charge to correct defects it caused or which are covered by the manufacturer's warranty(the to a of which vary by manufacturers). Non-warranty repairs and maintenance will be performed at our standard pricing. Buyer will be notified in advance If there will be a charge for a service. I& In the event the client falls to pay all outstanding balances Within payment terms the client is responsible for all legal fees. 14. Use of materials and name:Empire may list the project and client in the published lists of Its clients and proocts.Empire may also use copies of images and Videos of the project and related content for its portfolio purposes in connection with its prospective clients. 16. Design:Buyer acknowledges that in the event the order Includes design services,Buyer is allowed up to three design changes. Any subsequent changes caused by Buyer may result in additional charges at the market rate for design services. These Terms and Conditions have been reviewed and accepted by: —-—---------------------------------------- .... —---------------------------------------------------------------------- Prices w ill be held for 30 days but ere subject to increase by manufacturer. %see be advised that this to may not include appliciabLe sales and me tax. Quote authorized by: ACCEP-1 B3 BY; ant CL ire C. T rrL E�: E,Aje---------P-age-567 of 1037 61=018 DeallerNet-State Of Florida 2.0 Support —Quick Guide Full Guide I Log In I public site DASHBOARD REQUESTS PRODUCTS TO PRODUCT INFORMATION State Of Florida - Office Furniture and Files Contract August 29, 2014 — March 2, 2020 Contract # 425-001-12-1 Ordering Instructions Authorized Servicing Dealers & Manufacturer Representative GSA Price List * Systems —GSA Systems Catalog * Seating —GSA Seating Catalog ® Oxygen —GSA Oxygen Catalog * Calibrate —GSA Calibrate Catalog Environmental Requirements Recycled Content Requirements Public Site Support Contact AIS Career Center RepNet C Copyfight 2013.AffwdaWe Inteeor Sy stems, All IRight;Resented hftpslid ealemet2.ais-ine.com'Home/StatwWlcwide Page 568 of 1.437 State of FL Manufacturer Representatives AIS Ben Maxwell Senior VP of Sales Phone:(978) 505-0888 Fax:(978)562-0811 Steve Lyons Territory Manager—Northern Florida Phone:(941)228-9426 Fax: (978)562-0811 Mark Capasso Territory Manager—Southern Florida Phone: (954)295-5648 Fax:(978)562-0811 State of Florida Dealer List Contract #: 425-001-12-1 Align Business Interiors 274 B.Eau Gallie Blvd,Suite 340 JC White Architectural Interior Products Indian Harbour Beach,FL 32937 Miramar Phone:(321)806-5113 3501 Commerce Parkeway Fax:(321)821-0481 Miramar,FL 33025 Phone:(954)499-0677 Commercial Works Fax:(954)499-6678 9550 Satellite Blvd.,Suite 170 Orlando,FL 32837 Industries for the Blind Phone:(407)418-9780 171 Solano Cay Circle Fax:(407)418-9630 Ponte Verde Beach,FL 32082 Phone:(414)778-3313 My Office Products Fax:(414)778-3315 121 Kelsey Lane,Suite F Tampa,FL 33619 Interior Contract Services Phone:(877)696-7266 3939 N.John Young Parkway Fax:(877)696-7329 Suite 100 Orlando,FL 32804 Office Environments&Services(OE&S) Phone:(407)294-4141 1524 San Marco Blvd. Fax:(407)294-1477 Jacksonville,FL 32250 Phone:(904)398-9761 Florida Office Interiors Fax:(904)398-5095 8409 Baymeadows Road Jacksonville,FL 32256 Office Conceptsgvu) Phone:(904)731-0063 118 ANW 8 Ave. Fax:(904)731-4060 Gainesville,FL 32601 Phone:(352)372-9500 Fax:(352)337-1177 AAA1B Page 569 of 1037 BOSIFlorida Business Inteiors(Lake Mary) 767 Sterling Center Place Lake Mary,FL 32746 Phone:(407)805-9911 Fax:(407)805-9977 Interior Fusion,LLC. 8380 Bay Pines Blvd St Petersburg,FL 33709 Phone:(727)490-2320 Fax:(813)354-4475 Ernie Morris Enterprises,Inc. 232 North Main Street PO Box 818 Bushnell,FL 33513 Phone.(352)793-2745 Fax:(352)793-2778 Office Liquidation,Inc. 1038 Arlington Street Orlando,FL 32805 Phone.(407)447-6453 Fax:(407)641-8787 Office Worx,Inc. 475 Roberts Road Oldsmar,FL 34677 Phone:(813)855-5844 Fax:(813)855-5944 Perdue Office Interiors 5 W.Forsyth Street Suite 100 Jacksonville,FL 32202 Phone:(904)737-5858 Fax-(904)807-5883 RKR&Associates,LLC 10620 SW 69th Terrace Ocala,FL 34476 Phone:(352)208-5311 Fax:(352)854-1514 Empire Office 2 Oakwood Boulevard Suite 140 Hollywood,FL 33020 Phone:(954)707-6200 Fax:(954)435-7212 AAAIS Page 570 of 1037 6/22/2018 Contractors/Office Furniture and Files 1 State Term Contracts 1 State Contracts and Agreements I State Purchasing 1 Business Operatio... 5H12 tQ Main Department of Management Services Florida Department of Management Services > Business 0erations > State Purchasing, > State Contracts and greerraen s > State Term ContracLs > Office Furniture and Files > Contractors Office Furniture and Files425-001-12-1 Contractors Contractor List Florida RecycledClimate UtilizesCoverage Name CBE Code Friendly Authorized r Preferred Resellers Products Affordable Interior Svstems I A - Non-Minority I Yes I Yes (Yes I Statewide .(AIM). Ailsgatin Cor oration IA - Non-Minority IYes IYes IYes I Statewide I Allst el. Inc. JA - Non-Minority IYes IYes IYes I Statewide I Arto ex_, Inc® IA - Non-Minority IYes IYes IYes IStatewide I uLora Storage Products IA - Non-Minority IYes IYes IYes IStatewide I R- Non-Minority erco pastries, Inc. (White) Woman, Non Yes Yes Yes Statewide Certified I I I CF aMup I A - Non-Minority Yes I Yes II Yes Statewide I Fu iture u ), III DARIRAN FuCaftyre IA - Non-Minority IYes IYes IYes IStatewide I o in North AmericaIA - Non-Minority IYes IYes IYes IStatewide David Edward Co an ®, • A - Non-Minority I Yes I Yes I Yes I Statewide Inc® Encore Seatinca, Inc® IA - Non-Minority IYes IYes IYes IStatewide I Erg o enesis, LLC IA - Non-Minority IYes IYes IYes I Statewide I o o is SoVta VeinsR - Non-Minority LLC (White) Woman, Non Yes Yes Yes Statewide Certified Evans Co sol s, Inc® JA - Non-Minority IYes IYes IYes I Statewide I Ex Lis IA - Non-Minority I Yes I Yes I Yes Statewide or oration/SitCnit Seating Great C enin IA - Non-Minority IYes IYes IYes IStatewide I Groupe acassea LLC IA - Non-Minority IYes IYes IYes IStatewide Gunloce .CompgnyLLC IA - Non-Minority IYes IYes IYes IStatewide a o , Inc® IA - Non-Minority IYes IYes IYes IStatewide I HerMan _Miller, Inca I A - Non-Minority I Yes I Yes I Yes I Statewide I ifigh Pointrnit re I A - Non-Minority I Yes I Yes IYes I Statewide Industries, Inc. I HON Company IA - Non-Minority I Yes I Yes I Yes I Statewide Hum ncale Cor oration IA - Non-Minority IYes IYes IYes IStatewide I Indiana Furniture DBA I A- Non-Minority I Yes I Yes IYes Statewide Indiana sic Inte ra, Inc® IA - Non-Minority IYes IYes IYes IStatewide ]as er Seating IA - Non-Minority IYes IYes IYes IStatewide K&Aanpaa rin , Ica IA - Non-Minority IYes IYes IYes IStatewide I httpsJ .dms.m odda. usin operations) te_pu asinglstate_contractsand agreements/staW_tem, contraeWoffice_ErNg Z1filof 1, 37 6/22/2018 Contractors/Office Furniture and Files/State Term Contracts I State Contracts and Agreements/State Purchasing I Business Operaffo... Florida Climate Recycled Utilizes Coverage Name CBE Code Friendly Products Authorized Area Preferred Resellers Products Kimball International Marketing DBA Kimball A - Non-Minority Yes Yes Yes Statewide C3 ice I I I I I I Knoll, Inc, JA - Non-Minority IYes IYes IYes I Statewide I Krue er Intemational JA - Non-minority IYes IYes IYes I Statewide I &rug,, Inc® - Non-Minority IYes I Statewide I _L_ I A IYes IYes La-Z-Eoy JA - Non-Minority IYes IYes IYes I Statewide I Magnuson Group Inc. JA - Non-Minority IYes IYes IYes I Statewide I Martin Brattrud,_Inc® JA - Non-Minority IYes IYes IYes I Statewide I Maxon Furniture JA - Non-Minority IYes IYes IYes I Statewide I National Office Furniture JA - Non-Minority IYes IYes IYes; I Statewide I Neutral Posture, inc. JA - Non-Minority I Not Specified IYes IYes I Statewide I Nucraft Furniture JA - Non-Minority IYes IYes IYes I Statewide I Office aster, Inc® JA - Non-Minority IYes IYes IYes I Statewide I OFS rands, Inc® JA - Non-Minority IYes IYes IYes I Statewide I SpfcQ PrQdVcts Q, JA - Non-Minority Iyes Iyes; Iyes; I Statewide I Source International JA - Non-Minority IYes IYes IYes I Statewide I aec urnitlsre, Inc. JA - Non-Minority IYes IYes IYes I Statewide I Steelcase,_Lnc. JA - Non-Minority IYes IYes IYes I Statewide I S rnmetry Office JA - Non-Minority IYes IYes IYes I Statewide I Teknion,-LL—C JA - Non-Minority IYes IYes IYes I Statewide I Trend way� orp oration A - Non-Minority L _ar IYes IYes IYes I Statewide I Trinity fULUiLyrg A - Non-Minority IYes IYes IYes I Statewide I Versteel A - Non-Minority IYes; IYes Iyes I Statewide I Watson Furniture Group,, IA - Non-Minority Inc. IYes IYes IYes IStatewide I or rite ErgonomicsA - Non-Minority IYes IYes IYes I Statewide I Aright Line, LLC JA - Non-Minority IYes IYes IYes I Statewide I https:thvww.dms.myfloride.com/business o erations/state kagg Wcpflpf 1,W7 - P _purchasing/state-contracts-and_agreements/state-term-oontracts/office- 6.J. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Approve the purchase of fifty-nine (59) workstations that are a year old for a cost of$50,150.00 from J C W hite. EXPLANATION OF REQUEST: The City contracted with a consultant to assist with planning the temporary space for City Hall, Police and Library. During that process the consultant was approached that a company had fifty-nine (59) 6' x 6' workstations that they wanted to sell, the workstations were about a year old and they would sell for $50,150.00 for all of them which makes each one cost$850.00. Based on the specs of the workstations, the consultant looked at pricing of comparable workstations if the City were to buy new. One price was $2,975.54/each and another was $2,131.76/each, that would amount to between $125,773.84 and $175,556.86 for fifty-nine (59) workstations. The City's procurement policy requires a formal competitive bid for commodities with estimated cost in excess $25,000.00. The purchase of used workstations does not lend itself to a competitive bid process since vendors would be submitting pricing for new workstations. Staff has reviewed the workstations, the space in the temporary locations as well as the layout for the permanent buildings and have determined that the workstations will work not only in the temporary locations but will be able to be used in the new buildings. Based on the condition of the used workstations, the cost and the ability to utilize them in both the temporary and permanent spaces, staff is requesting the Commission approve the purchase of the fifty-nine (59) workstations from J C White for $50,150.00. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As the new buildings are constructed the City will need to purchase some furniture. The cost of the used workstations compared to the cost of new workstations is considerably less. The workstations will be utilized in both the temporary and the permanent spaces and based on the pricing for new workstations, the used ones would save the City approximately $75,623.84 ($125,773.84- $50,150.00). FISCAL IMPACT: The costs of the workstations would be paid from account 001-1214-512-64-16. ALTERNATIVES: Do not approve the purchase of workstations STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 573 of 1037 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment J C White Quote D Attachment JC White Used D Attachment AIS Brand New D Attachment Haworth Brand New Page 574 of 1037 � E QUOTE jc architectural interior products Miramar 3501 Commerce Parkway 2403 S Dixie Hwy QUOTE:180646100 Miramar Fl, 33025 West Palm Beach, FL 33401 DATE: 6/28/18 Phone:964®499-6677 Phone: 561-845®4952 Fax:964-499-6678 F x: 561-651®1091 PAGE: 1 OF 1 BRAY BILL TO: 22365 CBB SHIP TO: CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH ATTN: TIM HOWARD ATTN: TIM HOWARD 100 E. BOYNTON BCH. BLVD. 3301 QUANTUM BOULEVARD BOYNTON BEACH, FL 334250310 BOYNTON BEACH, FL 33435 P/0 Number: QUOTE Salesman: BRUCE ROSS Effective: 6/28/18 Ship Via: DEFAULT Terms: NET 3 0 DAYS Expires: 7/28/18 Line Qty Ord Item/Description Codes Unit Price Ext.Price 10 59 PREMISE "AS IS" 6 ' X 6 ' S Y 850.00 50, 150.00 EA WORKSTATIONS SUB-TOTAL: 50, 150.00 STATE TAX: 3,510.50 QUOTE TOTAL: 53,660.50 I HAVE REVIEWED & APPROVED THE THE ABOVE ITEMIZED QUOTATION SIGN: Page 575 of 1037 �: sly •,i ` � ,, ti"° Y ....... .... I F 100.00 F SIX STATIONS �•' , tai, ,�,�r� OpNo 6'X 6' �.(q.. 6'X 6' '4-HILM PANELS PRY AND r U 9'WESTA1,1, 6'X6' 6°X6' 9-1 °= e s� :e J e.e 9; LI E. a Page 576 of 1037 AIS BRANR MATRIX $12,790.5 ER SIX STS" w N $2,13,L 76 EA I PLUS INSTALLATION 5'r K%'S M£7WN n.'a- Ona, ..� !�rI, '� ar .�, g PFt l"'D§i H£rUMM4 01, PA 6 s FOR£"Fir TM AA18 R: pSis"5^ www.als4nc.com r4.434.7400.7 $ s� r Page 577 of 1037 c Ise. , 1 m C ON POSE 312 PER SIX s STATIONS 61 1 X B 6 XV ': 7�).54 EACI I S Li PLUS INSTALIA]"10N ......_.. ... � hS as l"}i 3l't : d -. d1 61 X 6° k 3 d IIII - X 6' C'LIRVEdICORNER n&`R'FACL a.. 6' X6' 61X ° . ger Page 578 of 1037 6.K. CONSENTAGENDA 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on J une 19, 2018. The Public Budget I nput minutes from May 29, 2018 are attached for informational purposes. EXPLANATION OF REQUEST: The City Commission met on May 29, 2018 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 06-19-18 D Minutes Minutes 0 -29-18 Page 579 of 1037 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 19, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor Shana Bridgeman, Assistant City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag Vice Mayor Romelus led the Pledge of Allegiance to the Flag Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Motion Commissioner McCray moved to approve the agenda. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. Page 580 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had met with Andre Parke of Sachs Sax Caplan regarding the Quantum Park Overlay Dependent District. Commissioner McCray indicated he had no disclosures. Announced the City Managerwill be taking a well-deserved vacation. Vice Mayor Romelus had also met with Andre Parke of Sachs Sax Caplan regarding the Quantum Park Overlay Dependent District. Commissioner Casello no disclosures. Mayor Grant indicated on June 6th he attended the Veteran's event for D-Day. On June 9th he attended the Connect to Greatness graduation. Mayor Grant explained this was a nonprofit organization which was looking for 6th graders for their program next year. June 0th iie attended roy's Barbeque /_/_ anniversary. June 11th attended My Brother's Keeper's event. Conducted interviews with the three finalist for the Police Chief position. Also attended the meet and greet with the three finalist. Announced the City has selected Michael Gregory as their new Police Chief. June 12th attended the Transportation Planning Agency Steering Committee. June 13th attended Coffee with a Cop event. June 14th attended the Free Mason meeting where they presented plaques to the Police Officer, Detective, and Firefighter of the year. June 18th attended the South Central Wastewater Treatment Board meeting. June 19th attended a press conference with Congresswoman Lois Frankel regarding the separation of children and parent of undocumented immigrants. Mayor Grant also met with Channel 5 news regarding the panhandler Ordinance. Met with Richard Gonzalez, General Manager at First Transit. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation Announce Budget Workshop dates and times Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 P.M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. Mayor Grant gave the dates of the Budget Workshops being held at the Intracoastal Park Clubhouse. B. Announce that Commissioner Dave Kerner and Representative David Silvers will be co-hosting a Hurricane preparedness workshop on June 26, from 6-8 pm at the Mid-County Senior Center 3680 Lake Worth Road, Lake Worth, 33461. They are planning on having presentations by Palm Beach County 2 Page 581 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Emergency Operations Center. The Solid Waste Authority, South Florida Water Management District and the Lake Worth Drainage District. They also plan on having representation from Red Cross. FPL and other important partners. Mayor Grant announced the City would be co-hosting a hurricane preparedness workshop on June 26, from 6-8 pm at the Mid-County Senior Center located at 3680 Lake Worth Road. C. Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park by Mary DeGraffenreidt, Events and Program Manager. Mary DeGraffenreidt, Events and Program Manager, announced the July 4th event at the Intracoastal Park Clubhouse. Announced the City will feature the Paradign band. There will be a fireworks display. The event will be held at 2240 North Federal Highway. The City was providing free parking and shuttle service at the Ezell Hester Community Center, at 1901 N. Seacrest Blvd. Please come out and enjoy a fun filled time with family friendly activities. Please remember to bring some lawn chairs for your comfort. Mayor Grant inquired about food trucks or other vendors. Ms. DeGraffenreidt replied KP Concessions will provide all food and beverages. Mayor Grant inquired if Ms. DeGraffenreidt could provide information on the last play date at Kids' Kingdom, Eleanor Krusell, Communication and Marketing Director stated the Kids' Kingdom wili have the last playdate on June 30, 2018, between 10:00-Noon. All are welcomed to attend. There will be goodies for the first 50 children. Mayor Grant stated this Saturday, June 23, 2018 at the Boynton Beach Mall, there will be a hurricane expo and Touch a Truck event from 11:00 am to 4:00 pm. City staff will be available to help assist with hurricane preparedness, showing off the fire trucks, assisting with evacuation routes and providing additional information relating to hurricanes. Mayor Grant noted everyone has a chance to win a To-Go bag. Sign language interpreter's will be available for those who are deaf and or hard of hearing. Commissioner McCray asked if there was an event at the Senior Center this past Saturday. Ms. Krusell explained it was a community event. The City assisted with opening the Senior Center and providing some PR and social media outlets. Ms. Krusell stated about 180 people attended the event. D. Announcement by CareerSource of Palm Beach County about their youth programs by Holly Carson, Senior Director, WIOA Training Programs. 3 Page 582 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Mayor Grant announced CareerSource of Palm Beach County WIOA training programs. Holly Carson, Senior Director, CareerSource Palm Beach, informed the City that CareerSource has some openings for young adults for the hospitality program. The intent was to provide training and upon completing they received an industry certification. The CareerSource also offers GED certifications. The program offers pay for a 5-week program. When classes are completed the clients are ready to be employed. Ms. Carson provided a direct telephone number of 561-340-1060 X2351. Indicated this would be a live person to speak with. CareerSource PBC.org Mayor Grant stated Career Source Palm Beach County does a lot of work throughout the County. E. Presentation on the update of Route Performance maximization. Presentation to be given by Clinton Forbes, Executive Director or Steve Anderson, Project Manager. Clinton Forbes, Executive Director of Palm Tran, wanted to update the Route Performance Maximization Program (RPM). Congratulations to Mayor Grant, who today, the Palm Beach Board of County Commissioners approve his appointment to the Palm Tran Service Board. The board has been delegated to approve or disapprove of all the changes in the County. Mr. Forbes provided an update of Palm Tran by the numbers. There were 158 buses in fixed route services, 3200 bus stops. More than 9M passengers used the Palm Tran system, He indicated it has been 22 years since Palm Tran performed any major route changes. Palm Tran was a midsize operation and the goals are a multi-phased planning effort to better meet mobility needs of the citizens of Palm Beach County. The goals of the RPM were to be more reliable, better direct service, improve frequency of buses, more convenient connection, improve ridership, improve customer amenities. Mr. Forbes noted he understood the system needed to be more reliable. Mr. Forbes provided a chart which had the frequency of bus routes, with the current Palm Tran plan and the RPM proposal. This was a community conversation to provide feedback on the proposed plan. Steve Anderson, Program Manager, noted they have received more than 1400 survey responses. Most comments reflect what we have heard via customer service, more night and weekend services, easier fare payment, more convenient transfers east west connections to new areas. Added they are delivering some results, there will more span of services, more destinations. Mr. Anderson said in addition the plan was to extend the Lantana service. Indicated they are taking steps in the right direction. There was a proposal to extend route 73 east to the Transit Station and have more frequent service on Saturday. 4 Page 583 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Vice Mayor Romelus thanked the representatives from Palm Tran for providing the information regarding the ridership in Palm Beach County. She understands it was an effort as the City of Boynton Beach moves toward a pedestrian friendly downtown. This would also help improve the ridership. Commissioner McCray indicated this could tie in with the trolley system. F. Proclaim June 27, 2018 as National HIV Testing Day, Wisny Marcellus, HIV Outreach and Testing Coordinator, of Genesis Community Health will be present to accept the proclamation. Mayor Grant proclaimed June 27, 2018 as the National HIV testing Day. Ludnie Emile, HIV Counselor with Foundcare, encouraged everyone to get tested on June 27, 2018. Commissioner McCray noted in Broward County they have vans, does Foundcare have vans available to go out to the residents. Ms. Emile explained Foundcare does not provide vans. Foundcare provides free testing Monday through Saturday at four locations. Foundcare also provides testing for Hepatitis C. G. Proclaim June as Pride Month. Julie Seaver of Compass GLCC and Merideth Ockman of PBCHRC, will be present to accept the proclamation. Mayor Grant proclaimed June 2018 as Pride Month. Representative of Compass Center announced he was very proud of Boynton Beach with its diversity which was their strength. They have over 3000 supporters in Boynton Beach. Boynton Beach has made a very clear statement. This was commendable and he was very excited about where the city was going. H. Proclaim June 19, 2018 as Lifeguard Appreciation Day. Mayor Grant read the proclamation. Crystal Quesada, Aquatics Supervisor, thanked the Commission. Lifeguards have a vital role in saving lives. Commissioner McCray asked how many lifeguards are employed with the City of Boynton Beach. Amy Blackman, Recreation Superintendent, said they have 8 lifeguards. 5 Page 584 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 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) Sonny Garcia 1631 NW 3rd Lane, introduced the coach of Boynton United Soccer Academy. They are trying to raise money to go to Portugal. The team was representing Boynton Beach. Jaime Cano, Head Coach/President Boynton United FC, 7345 Burgess Drive, Lake Worth, loves to provide an opportunity for the Children to compete internationally. He was requesting donations to help to defray the cost of the trip and other essential items. Noted Boynton United FC was a nonprofit organization. Commissioner McCray suggested they reach out to the Greater Boynton Beach Chamber of Congress for additional support. Commissioner McCray asked when was the dates of the tournament. Mr. Cano said they will be in Portugal from July 1-10, 2018. Thanked the Commission for the opportunity to represent the City of Boynton Beach in Portugal. Minister Bernard Wright CEO of Bernard Wright Ministry, Robert E. Wells Foundation and Real Talk Radio, read a letter into the record. (See attached). Requested volunteers from 7:00 am - 5:00 pm. The Police Department was already contributing. Commissioner McCray asked where should the supplies be dropped off. Minister Wright advised the items could be dropped off at City hall. Susan Oyer, 140 S.E. 27th Way, provided a printout of suggested ordinances. Noted a few such as ban plastic straws, ban Styrofoam, charge for plastic bags, plant more shade trees around the City, use more solar lighting, encourage people to xeriscape their yards and business landscaping, require electric charging stations for all new buildings in the City. (see attached) Annette Gray, founder of GBDC Entrepreneurship Institute, thanked the Commission for their continued support. Explained her company was a business incubator. The company was in the process of becoming mobile. They are retrofitting a bus which will become a mobile office. Ms. Gray indicated they have 20 computers donated from a local business. Herb Suss, 1711 Wood Fern Drive, informed the Commission on Saturday there will be a CERT program beginning at 10:30 to 4:30 pm. Regarding the new Police Chief, he 6 Page 585 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 feels there should have been growth from within. In his opinion there was no North Korea deal. A deal has requirements, such as dates, specific consequences for violations. The President was outfoxed by North Korea. It was a shame what he was doing to the children at the border. People need to wake up. No one else coming forward, Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Authorize City Commissioners to travel and hotel stay for the National League of Cities Annual Conference at the Los Angeles Convention Center in Los Angeles, CA, November 7-10, 2018. Commissioner McCray asked who was going as a representative from the Commission. Mayor Grant responded he would like to attend the National League of Cities Annual Conference. He indicated he was on the policy committee. He disagreed with the City's estimate regarding the cost of $3,000 for attendance. Staying at a local Air B&B the City could save money. He would like to request $1,500 to attend the National League of Cities Annual Conference. Motion Commissioner Casello motioned Mayor Grant to attend. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alts Employee Pension Board: 1 Reg Historic Resource Preservation Bd: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts Mayor Grant advised there were no applicants. Informed the audience of the open positions. 7 Page 586 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 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. Commissioner McCray pulled item K. `Dice Mayor Romelus pulled item M. A. PROPOSED RESOLUTION NO. R18-080 - Authorize the City Manager to sign an interlocal agreement between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for law enforcement services in connection with administering the manatee protection conservation program. B. PROPOSED RESOLUTION NO. R18-081 - Approve the temporary road closure of the lanes in the 2000 Block of State Road 5 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound or Wednesday, July 4, 2018 for the annual 4th of July Celebration, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. C. PROPOSED RESOLUTION NO. R18-082 - Authorize the Mayor to sign a Partial Release Agreement for a Water Service Agreement executed in July 1983 with Jamaica Bay, Inc. D. Approve making a $7,500 donation to the Bill Tome Foundation for Kids and Families, Inc. from the Law Enforcement Trust Fund to support their 2nd annual golf tournament. E. Approve utilizing Green Building Initiative of Portland, OR to evaluate the building data of the new City Hall/Library and Police Department in connection with the Green Globes Assessment and Certification as a sole source vendor, in a total amount of$26,200. F. Authorize the purchase of an Extreme Networks wireless system from STEPcg of Covington, KY in the amount of $53,688.24, utilizing the State of Florida Alternate Contract Source Number 43220000-WSA-14-ACS for the replacement of the wireless system at Fire Station #5 and new installation of wireless at the Utilities East Water Treatment Plant. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. 8 Page 587 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 G. Approve utilizing the State of Florida Contract DMS-12/13-001H with Jade Communications, Inc. of Boca Raton, FL for Telecommunications infrastructure needed at the interim Police Facility in the approximate amount of$46,010. The City is allowed to utilize the State of Florida contracts in accordance with City's procurement procedures. H. Approved utilizing R. George & Associates, Inc. of Deland, FL to provide moving services for the Library from its current location to the interim locations based on the estimated quote of$74,235. I. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2018. J. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for June 19, 2018 - "Request for Extensions and/or Piggybacks." K. Accept the written report to the Commission for purchases over$10,000 for the month of May 2018. Commissioner McCray commended the contract given to a local contractor. Motion Commissioner McCray moved to approve. Vice Major Romelus seconded the motion. Vote The motion unanimously passed. L. Legal Expenses - May 2018 - information at the request of the City Commission. No action required. M. Approve the minutes from City Commission meeting held on June 5, 2018. Vice Mayor Romelus noted the correction on the firefighter's name was Lemieux, as well as Guarn not Warren. Mayor Grant requested a motion to approve the Consent Agenda. 9 Page 588 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Motion Commissioner McCray moved to approve Consent Agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed.. 7. BIDS AND PURCHASES OVER $100,000- None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-010 = FIRST READING - Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. Attorney Bridgeman read Proposed Ordinance No. 18-010 by title only on first reading. Michael Rumpf, Interim Development Director, reported this was a City initiated ordinance. Mr. Rumpf indicated the changes from a maximum of 2 gas stations per intersection to 3 per intersection. This would be at the higher class intersections or evacuation routes. This would also eliminate the minimum frontage to gas stations. This would omit the minimum driveway separation standard. Mr. Rumpf stated there would be a controlled city-wide impact. An increase in gas station use and future possible siting locations..There will be a plan review required. Mayor Grant asked if the City looked at electrical charging stations. Mr. Rumpf requested clarification of a charging station. Mayor Grant explained Tesla has supercharging stations where the battery could be charged rapidly. Asked if this was something which was considered in regards to electric vehicles. Mr. Rumpf stated the Sustainability Coordinator would lead the charge in reviewing the City regulations. He doubts if those are the superstation charging stations. The supercharging stations were not part of the current study. Commission Casello asked if the gas stations would have backup generators. Mr. Rumpf explained what was required was the station was generator ready. This would be a plug 10 Page 589 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 and play for backup generators. Explained certain stations are required to be generator ready in high traffic and hurricane evacuation areas are required to have generator ready. Commission Casello requested an explanation on what was generator ready. Asked if that mean the station needs to physically go someplace else to get the generator and bring it on site? Mr. Rumpf indicated that was correct. The station would need to have all the electrical wiring, and hookup capable so they do not need to do any retrofit in advance. It would be easily plugged in. Commissioner Casello asked if that was the plan for Wawa. Mr. Rumpf replied yes. Mayor Grant asked if the City has any minimum requirements for the generator or the generator ready. Mr. Rumpf replied they do not. They will permit the electrical equipment. Commissioner McCray asked if this affect the current gas stations already operating. Mr. Rumpf replied it would not reduce non conformity. It would increase the conformity of existing stations. Commissioner McCray wanted to know if a gas station blows down, it would be able to be rebuilt. (Commissioner Katz left dais 7:15 p.m.) Mr. Rumpf responded yes, it does not increase the number of non-conforming stations. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. City Clerk, Pyle called the roll. Vote 4-0 (Commission Katz unavailable to vote) B. PROPOSED ORDINANCE NO. 18-011 - FIRST READING - Approve Wawa Future Land Use Map Amendment (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC). Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Attorney Bridgeman read Proposed Ordinance 18-011 into the record on first reading. Attorney Bridgeman swore in all intending to testify. 11 Page 590 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Mayor Grant read the Conditional Use and Major Site Plan Modification (COOS 18- 001/MSPM 18-002) into the record bytitle only, stated this could not be addressed tonight. Asked if the applicant was in agreement in combining items B and C. (Commissioner Katz returned 7: 21 p.m.) Bonnie Miskel, of Miskel & Backman, LLP, on behalf of the applicant,agreed. Mayor Grant stated he believed they needed to wait until the next meeting to discuss the Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18- 001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump islands, and related site improvements. Ms. Miskel stated the application before the Commission was the Future Land Use Map Amendment (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC). Subject property was at the NE corner of Congress and Woolbright. With the exception of that corner, everything else was local retail commercial. This would make the entire intersection consistent. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. City Clerk, Pyle called the roll Vote 5-0 PROPOSED ORDINANCE NO. 18-012 - FIRST READING - Approve Wawa Rezoning (LUAR 18-001) from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Attorney Bridgeman read Proposed Ordinance 18-012 into the record on first reading. Ms. Miskel, agreed with combining the two items. The presentation has been consolidated. The proposed LRC future land use and C-3 zoning will bring the north east corner of the Congress Avenue/Woolbright Road intersection to consistency with the FLU and zoning of the three remaining corners where LRC and C-3 zoning already prevail, allowing development intensity which aligns with the high traffic volumes carried by both Congress Avenue and Woolbright Road. This intersection is less than a mile from the City's main commercial hub of the Congress Avenue corridor and the tentative boundary of the future "Congress Avenue District," the target of the next redevelopment plan. While focused on optimizing the District's economic potential, the plan will also impact the Congress Avenue/ Woolbright Road intersection. That area may redevelop into a secondary commercial activity node, serving residents of the surrounding neighborhoods 12 Page 591 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 who may prefer to avoid traffic and crowds further north. The proposed rezoning—which permits retail as well as office uses would allow for intensification of the commercial development on the subject property in support of such a node. The second request is the companion request to rezone the property from its existing zoning of C-1 which is primarily an Office Professional to a C-3 Community Commercial. This was consistent with the City Land Use Plan designation and also consistent with the zoning districts on the other three corners of the intersection. Ms. Miskel stated this was consistent with the text amendment which the City has moved forward. They will not exceed the 3 gas station maximum, and was consistent with the other text amendment. Ms. Miskel addressed the question of generator ready. Explained Wawa has a contract with a generator company and will have a generator in place within 12 hours of a storm event. Informed the Commission Wawa has met with the residential community north of the proposed property. Community McCray stated he only received one negative email stating, not another gas station. Commissioner Katz has spoken with a representative from Wawa at length. They have good customer service. He stated the more Wawa's the better. Mayor Grant opened up to Public Audience. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. City Clerk, Pyle called the roll. Vote 5-0. C. Approve Dog Activity World Group Conditional Use request (COUS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. Hannah Wickins, Founder and CEO of Dog Activity World Group - FL, LLC, is seeking conditional use approval for a proposed pet daycare business focusing on exercise, activities and training, with indoor boarding, and leased space for veterinary services and 13 Page 592 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 pet grooming, within an existing 20,000 square foot tenant space at the Shoppes of Woolbright Revolutionizing the dog daycare and boarding industry, DAWG, was a place to leave the animals. Look at the world through the eyes of a dog the facility would provide a safe and sanitary environment for these animals to experience immeasurable happiness while being entertained. This was an indoor facility, the dog receives activity, as soon as the dog comes in, nonstop activities. At the 20,00 square foot facility they are trying to create a Disney world for dogs. Ms. Wickins said many places have the dogs in 94-degree heat, possibly becoming dehydrated. At DAWG they will keep the dogs inside. Ms. Wickins said a tired dog is a happy dog, less behavior issues, better temperament and healthier. Stated all employees are pet CPR trained & First Aid. The hours of operation will be from 7am- 7pm for daycare. Staff was onsite 24/7 and 365 days a year. Before the dog is accepted the dog will get a 90 second snout to tail assessment. Before they go out into the play area they will be assessed. Ms. Wickins explained this was a facility like no other. As soon as the paws come through the door, the dogs are welcomed by a vast variety of activities for all varying sizes, shapes and ages. The facility is a one stop shop with services ranging from convenient drive thru and drop off, photograph studio, dog parties, boarding, training, grooming, pet massages. Ms. Wickins stated the area was compatible to have 400 dogs in case of a hurricane. She provided information on her business model and gave a count of dogs in the area with potential clients. There would be one employee for every seven dogs. Stated this facility was originally a supermarket and has drains already, which would allow them to clean the area daily. She wanted to make something different. Commissioner Casello asked the fee scale for the dogs to spend the night. Mr. Wickins replied she intends to do a membership basis with the overnight boarding and regular boarding fee begin at $60 per night, which include two days of daycare. Commissioner McCray noted he was glad they were doing something with the building. Indicated they offer everything other than cell phones and television. Ms. Wickins said they are excited to have an opportunity to go into this facility. She addressed care for older dogs such as mental stimulation games, arts & crafts. Mayor Grant stated he appreciated this coming in, and looked forward to seeing the business model. Ms. Wickins suggested the Commission come out and take a look, the area was massive inside and they have white glove service. Mayor Grant requested a motion to approve. 14 Page 593 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. D. PROPOSED ORDINANCE NO. 18-013 - FIRST READING - Approve Zoning Use Amendments (CDRV 18-003) Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractor's offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated.. Attorney Bridgeman read Proposed Ordinance No. 18-013 into the record. Mr. Rumpf, indicated this item was a collection of amendments relating to the terms and definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) to promote business growth in the City. Mayor Grant asked if these items were becoming permitted or conditional uses. Mr. Rumpf explained some are permitted; he does not think there are any Conditional Use categories. Mayor Grant asked if these will all become permitted uses. Mr. Rumpf said they would be either directly or clarified. Mr. Rumpf explained a contractor's office is a permitted use now, except the definition was unclear. It implies it was an industrial or contractors shop component. It does not accommodate just the contractor's office. This will clarify the definition that this would be a contractor's office use and a contractor's shop use. Mayor Grant inquired if the contractor can have a bigger office in association with their other warehouse space. Mr. Rumpf responded this was correct. Commissioner McCray stated what about crematorium services was that a conditional use. Mr. Rumpf stated this was one exception. Indicated at this time crematory services are the only allowed accessory to a funeral home or a cemetery. This allows them as a standalone use. (Vice Mayor Romelus and Commissioner Katz left dais 7:45 pm) 15 Page 594 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Mr. Rumpf stated the rental of moving trucks would be allowed. Commissioner McCray asked if this would affect the U-Haul in district 2. Mr. Rumpf replied it does not affect its non-conforming status. Mr. Rumpf continued with the diet and nutrition center, stated this was the only general office use which was allowed in the office classification use but not allowed in the C-1 district. The most significant was the Gander subsidiary, this change clarifies to include the sale of camping equipment and recreation vehicles. Mayor Grant requested a motion to approve. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. City Clerk, Pyle called the roll. Vote 3-0 (Vice Mayor Romelus, Commissioner Katz not available.) E. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump islands, and related site improvements, on property proposed to be rezoned to the C-3, Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP /Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. Mayor Grant requested a motion to table to next meeting. (Vice Mayor Romelus and Commissioner Katz returned 7:50 pm) Motion Commissioner McCray moved to table. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed.. 9. CITY MANAGER'S REPORT A. The requested action is to discuss the value of adopting the Palm Beach County Panhandling Ordinance. 16 Page 595 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Lori LaVerriere, City Manager, noted she had conversations with the Police Department regarding their efforts to curb panhandling and their recommendation. The Commission was considering opting into the Countywide panhandling prohibition ordinance. Ms. LaVerriere said there are tools in the City tool box which aligns with Florida Statutes. She requested Assistant Chief DeGiulio and Captain Bonafair share some of the issues and report on what has been accomplished and the recommendations. Commissioner McCray stated calls are made at least twice a week regarding this problem. He indicated the panhandlers are not out there as often. Assistant Chief Joseph DeGiulio, Police Uniform Services, spoke about the County Ordinance and the value of adopting this ordinance for the City of Boynton Beach. Wanted to speak about the County Ordinance and how it parallels the Florida Statutes. If the Commission decides to use the County Ordinance, there are some challenges with enforcement. Captain John Bonafair, Special Operations, stated the County ordinance was good There was a cost associated with the implementation of the County ordinance. If the City brings it to trial, the City attorney needs to bring it to trial and the City would need to pay for the prosecution of the cases. Basically the City uses three Florida State Statutes, a pedestrian violation. The one which FHP has been utilizing, a trespass warrant. If someone walks out blocking traffic, the City has the ability to arrest them immediately. These actions are usually done during the peak hours of the work day. The residents may feel some frustration, because of the lack of manpower. The County Ordinance prohibits solicitation. The City allows solicitation, such as car washes and firefighter "pass the boot". If the Commission was going to adopt the County Ordinance, he suggested having the language for solicitation license incorporated into the ordinance. Commissioner McCray stated he wants to get the people off 1-95. This is a problem. Captain Bonafair indicated panhandlers was the first thing which is seen when visitors arrive and the last thing they see when visitors leave. He promised more effort will be put into cleaning up the panhandlers. Commissioner Casello asked if the City adopts the County Ordinance and the police arrest individuals is the City required to pay any fees. Captain Bonafair responded the City attorney would bill the City because the City Attorney would need to represent the City in Court. Commissioner Casello asked how many people have been arrested for panhandling. Captain Bonafair replied the police have not arrested anyone for panhandling. The police have arrested individuals for misrepresentation of their financial status. The Police Department has used some creative means to get the individuals to move. Most are substance abusers or alcoholics. 17 Page 596 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Commissioner Casello indicated there was not a person devoted to handling the panhandlers as this would take an officer away from another call. Captain Bonafair said this becomes a matter of prioritizing. Typically, when the sun goes down so does the panhandlers. Stated the other things which were being done was entering into trespassing agreements with the gas stations, pharmacies, in an effort to eliminate panhandling. The City acts as an agent of the property. They have the ability to trespass them from the property. Mayor Grant asked if the officers are partnering with the homeless coalitions to move them off the street or get them to a homeless shelter. Captain Bonafair indicated there was a difference between the homeless and those people who are panhandling. Stated these individual's panhandlers usually are suffering from heroine related issues. Ms. LaVerriere said the City does have an interlocal agreement with the Palm Beach County to provide transportation. Captain Bonafair indicated there is a policy in place if anyone asks for help, there was some information provided. Mayor Grant urged the community not to give money to the panhandlers. Commissioner McCray asked if the City does nothing, would this affect these individuals on 1-95. Captain Bonafair promised he will handle those individuals on 1-95. Commissioner McCray said when the panhandlers leave they leave the place a mess. Explained he was happy with what was already on the books. Vice Mayor Romelus acknowledged the Chiefs for their hard work. Assistant Chief Vanessa Snow, Interim Acting Chief Kelly Harris, Chief Joseph DeGiulio. Mayor Grant stated the City will move forward with what the City was currently doing. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS-None 12. LEGAL A. PROPOSED ORDINANCE 18-014 - FIRST READING -Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure 18 Page 597 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 from certain site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. Attorney Bridgeman read Proposed Ordinance No. 18-014 by title only on first reading. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. City Clerk, Pyle called the roll. Vote 5-0. B. PROPOSED ORDINANCE NO. 18-015 FIRST READING - Approve Ordinance amending fart II. "Code of Ordinances," Chapter 2, "Administration," By creating a new Article XIX, entitled "Requirements for City of Boynton Beach's Docked Bike Share Systems"; providing for definitions, codification, conflicts, severability, and an effective date Attorney Bridgeman read the Proposed Ordinance 18-015 into the record by title only, on first reading. Rebecca Harvey, Sustainability Coordinator, provided a presentation. Stated the Bike Share system was an automated system in which bicycles are made available for shared use to individuals via a membership or for short term rentals. Ms. Harvey stated there are two type of bike shared systems. The docked system, which allow users to borrow bikes from a docking station and be returned at another docking station which belongs to the same system. And the dock-less system, which was a self-locking, GPS-enabled bike system. This system would not require a docking station. Explained the benefits of bike sharing would be to provides a transportation option of bike sharing. Stated this program will connect the bike sharing in the US for 2017. The Ordinance the City was entertaining was the Docked System. Indicated this could make the ride safer. This program will fit the City Climate action plan Initiative T-6: Use and expand Transportation Demand Management (TDM) strategies, which reduce peak hour and single-occupant vehicle travel. These include Vanpool and Carpool programs, Car and Bike programs, a high occupancy vehicle incentive program, preferred employee parking incentives and Commute Trip reduction programs. It will also fit with the strategic initiative. The strategic plan applicability to connect the community through safe, accessible, and multi-modal systems that improve the quality of life in Boynton Beach. 19 Page 598 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Ms. LaVerriere responded to the non-exclusivity. She reached out to West Palm Beach. The City of West Palm Beach only have the Bike Share program offered in the Downtown core. They have contracted with one vendor. This was different than what the City was contemplating. The City of West Palm Beach are struggling with how to handle it for the remainder of the City. The program has been successful in the Downton area. She believes the market can control the number of bike share if the City decides not to go the exclusivity route. Ms. Harvey indicated these are permanent stations with fixed numbers of slots. This was not the dock-less system, which caused problems for the City. Stated in the current version of the Ordinance, it was for a docked system, nonexclusive agreements. The operator was solely responsible for all costs, the operator must promote bicycle safety laws and use of helmets. The locations must be approved by the City, there is a maximum fleet size, and a performance bond was required. The City of Boynton Beach was getting ahead of the curve by regulating the program. Vice Mayor Romelus indicated her concern was what vendor the City would work with. Would it be a RFP, then the City chooses a vendor, then that would be the sole vendor. How does the City prevent multiple vendor and docks? Colin Groff, Assistant City Manager, stated the City will follow the process of the PACE program. The City has to approve every location. The market will only support so much. The City can have a franchise agreement, or a sole vendor. There was a lot more to be discussed. Mr. Groff stated this Ordinance needs two readings and those agreements must come back to the Commission for a final decision. If the City goes to exclusive agreement, this was a difficult way in which to proceed. The preface was to keep it open and let the market come to the City. Ms. LaVerriere implied the market and the regulations would control many issues. They are only so many places where the docking system can be installed. Noted the docking system cannot take up private parking lot area. Vice Mayor Romelus indicated she was striving for uniformity not exclusivity. She would prefer to see a company which was serving the Downton area was the same company which the bikes would be returned to at the mall or Tri-rail. She does not want one company downtown, one company at tri-rail or one company at the mall. Mr. Groff stated that was not the intent of the ordinance. Vice Mayor Romelus asked how to prevent this from happening. Ms. LaVerriere explained If a company comes in they will have multiple locations. Ms. LaVerriere stated the market will control the expansion. 20 Page 599 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Mr. Groff stated as people begin to use the bike share company, there are different zones in the City. The Company will want a particular zone. He repeated the market will drive the amount of bikes. Commissioner McCray suggested before the second reading, many areas in the Ordinance needed work. Mr. Groff agreed. Mayor Grant asked if the City was charging for the docked stations. Mr. Groff suggested not charging in the beginning. He would agree if the drive increases then the City could charge a fee. Mayor Grant stated there was no market for the Dock Bikes, but he believes the City needs to charge something, since this was City property. Indicated after a certain amount of time, the City could reevaluate the company and then charge a fee. Mr. Groff said this was a good idea if that was the direction of the board. Mayor Grant noted at this moment there was nonexclusive agreements. Stated this should be evaluated on a three-year basis. The City does not want to have a bike share monopoly. Mr. Groff suggested a change in the language. Vice Mayor Romelus was in agreement. Requested staff to speak with the Bike Share Program and add a time frame for evaluation. Mr. Groff stated they have looked at SkyBike and will look at other Cities which has had this type of program. Stated the City of Boynton Beach was the first in the area but not the first in the Country Mayor Grant suggested having more information for the next meeting. Motion Commissioner McCray moved to approve with a time certain. Vice Mayor Romelus seconded the motion. City Clerk, Pyle called the roll. Vote 5-0. C. PROPOSED ORDINANCE NO. R18-016 - SECOND READING - Approve Amateur Radio & TV Antennas (CDRV18-001) amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict 21 Page 600 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City-initiated. Attorney Cherof read Proposed Ordinance #18-008 by title only on second reading. Attorney Bridgeman read the Proposed Ordinance 18-016 into the record by title only on second reading. Mayor Grant asked for a motion. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. City Clerk, Pyle called the roll. Vote 5-0.. D. PROPOSED ORDINANCE NO 18-017 - FIRST READING - Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. City-initiated. Attorney Bridgeman read the Proposed Ordinance 18-017 into the record by title only on second reading. (Commissioner McCray 8:23 left dais) Mayor Grant asked for a motion. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Mayor Grant stated the second reading will be in July to give an opportunity for the City Attorney to work with the telecom Attorney's. Attorney Bridgeman stated Attorney David Tolces has been in contact with those individuals which submitted letters. 22 Page 601 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 City Clerk, Pyle called the roll. Vote 4-0. (Commissioner McCray not available to vote) E. Approve proposed settlement and authorize payment of $200,000.00 to settle the case of Gail Jenkins and Leon I Jenkins v. City of Boynton Beach v. Mortgage Electronic Registration Systems with the additional terms set forth below. Mayor Grant asked, because this was an ongoing case, what was said in the shade session remains confidential? Attorney Bridgman stated this could not be discussed at this meeting. (Commissioner McCray returned 8:25 pm) Motion Commissioner Katz moved to approve. Vice Nlayor Romelus seconded the motion. Vote 4-1. (Commissioner Casello dissenting) F. PROPOSED ORDINANCE NO. 18-009 - SECOND READING - PUBLIC HEARING - Approve proposed Ordinance amending Chapter 15, Article VIII, Chronic Nuisance Property Code to clarify certain sections. Mayor Grant requested clarification of the changes made to Chapter 15. Mark Woods, Director of Community Standards indicated the changes were for definitions, and the language made more consistent. Also a pattern of nuisance activity can make it more consistent to include Fire and EMS services. Lastly separate occurrences being per day and they needed to be per instance. Mayor Grant stated there may be multiple instances per day. Mr. Woods stated this was correct and the data was being reviewed. Mayor Grant looked forward to help with removing the chronic nuisances from the City. Commissioner McCray requested an update on the property on the corner of 6th Street. Asked if this property was considered a chronic nuisance property. Mr. Woods stated he did not want to say in the public forum what properties are under review. Indicated Community Standards meet the second Friday of each month. 23 Page 602 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 Ms. LaVerriere added the Police Department was actively looking at those properties. Mayor Grant opened to Public Audience. Susan Oyer, 140 SE 27 Way, inquired as to what was this Ordinance going to do with the property in her neighborhood. Where there were 15 calls in two weeks and nothing happened. She said because of the abuse to the animals a lien was placed on the property by animal control. Mr. Woods stated the Chronic Nuisance Ordinance was based on criminal activity. It has to raise to the level of a criminal activity. The call for service was not necessarily a determinant. Ms. Oyer asked if noise did not count as a Chronic Nuisance. Mr. Woods stated to an extent to get to the property, it needed to be identifiable and verified as a noise violation and then cited. Ms. LaVerriere noted the ordinance specifically lists the criminal activity and noise was not listed. Ms. LaVerriere stated the City struggles with this type of activities. Ms. Oyer asked if the homes she has reported did not qualify. Mayor Grant stated the question could not be answered. Commissioner Casello inquired if a resident called with complaints relating to noise more than 15 times, that would be more of a police issue. Mr. Woods indicated that was correct. Commissioner Casello requested police provide additional information. Acting Chief Harris explained if the police arrive at the residence and there is not a violation incurring, then there is no police action. Commissioner Casello stated if the police went to the same residence 7 or 8 times and if there was no noise going on, then there would be no police action taken. Acting Chief Harris advised once the police arrive and there was no noise violation, then no action would be taken. Commissioner Casello asked if there were eye witness accounts would not be taken into consideration? Acting Chief Harris responded no. Ms. LaVerriere stated the officers would speak with the party host and explain there had been some complaints regarding noise. Commissioner McCray indicated the property he was speaking about concerned the lawn. Christine Ward 101 Miner Road, asked what could be done when people are illegally parking and trespassing onto private property. She has had some stabbing and shooting in her areas. There have been shootings and some of the shell casings were found in her yard. She has called and the time to get to the property has been increasing. She indicated it begins with the loud music and escalates. Mr. Woods stated he does not understand the question as it relates to the Chronic Nuisance Ordinance. Mayor Grant questioned what the City was doing when they are in the residential neighborhoods to help make good neighbors. Mr. Woods stated the ordinance was 24 Page 603 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 citywide. Usually the City looks at the commercial property, because this was the way it usually works. It would applicable to all types of properties. Mayor Grant stated as part of the ordinance it does not stop a nuisance from happening. The Ordinance works with the owners to abate some of the nuisances. If the owner defaults on the contract or does not sign a contract with the City, the matter will go to a Magistrate in regard to the amount of services which are used by the property. The Magistrate, based upon evidence the police, fire or community standard will determine an amount of excess services being required by the City. After that it will be placed on the non-ad valorem taxes and then the property can be sold at auction. The City does not want to violate constitution rights. Commissioner McCray stated they need to meet with Mr. Woods to receive an answer to the question. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. City Clerk, Pyle called the roll. Vote 5-0. Mayor Grant would like to have the discussion regarding the trolley as an agenda item next month. Informed the Commission of available grants for a trolley. He would like to see if the City could begin partnering with an outside agency. Mayor Grant said he did not think this should be a free service. Having a trolley may be advantageous to residents to take the bus to the beach. Ms. LaVerriere asked was July 3rd or 17th meeting acceptable for the Commission. Commissioner Katz stated he was unavailable for the July 3rd meeting. Commissioner McCray requested staff to provide information why the trolley was discontinued. Ms. LaVerriere indicated she needed to get with staff to compile information as well as speak with the CRA. Indicated July 17th would be the best date to discuss the trolley. 13. FUTURE AGENDA ITEMS A. Staff to Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program - July 2018 25 Page 604 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park C. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD-TBD D. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. —TBD E. Discuss the possibility of trolley service within the City-TBD F. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 9:03 p.m. (Continued on next page) 26 Page 605 of 1037 Meeting Minutes City Commission Boynton Beach, Florida June 19, 2018 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Christina Romelus Commissioner— Justin Katz Commissioner- Mack McCray Commissioner - Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 27 Page 606 of 1037 MINUTES OF THE PUBLIC BUDGET INPUT MEETING HELD ON TUESDAY, MAY 29, 2018, AT 6:30 P.M. AT INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Christina Romelus, Vice Mayor Justin Katz, Commissioner ABSENT Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Ca!! to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:31 p.m. Mayor Grant indicated there was not a quorum, there will be no voting. Irene Revelas, CEO Hacklab, 3491 High Ridge Road, stated Hacklab was requesting a budget line item to be set aside for the Advance Apprenticeship program. Explained this program was for young adults in the Boynton Beach Community as well as across Palm Beach County. The program consists of 244 hours of intensive training, another 2000 hours of hands on job training. Ms. Revelas informed the Commission once the training was complete the students would receive a nationally recognized certification. This program provides high demand science and technology jobs. Mayor Grant inquired as to the total cost of the program. Requested information regarding the qualification of the residents and asked if Boynton Beach residents would be given preference. Ms. Revelas responded the total cost was $300,000. She explained Hacklab was requesting a grant of$50,000. Mayor Grant inquired how does City residents apply for the program. Ms. Revelas responded they needed to apply online on at the physical location. She indicated within the next 12 months Hacklab will have 4 fulltime employees once it comes online. Ms. Revelas explained priority will be given to the residents of Boynton Beach. Page 607 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 Mayor Grant asked if staff could see how the Schoolhouse Children's Museum initially began. He understood the Schoolhouse Children's Museum was still receiving funding from the City. Vice Mayor Romelus noted the CRA has grants created for nonprofits for this purpose. Ms. Revelas replied she had extensive discussions with the CRA regarding the grant funding and was informed she needed to be in the CRA district in order to receive funding. Ms. Revelas noted Hacklab was committed to have summer camp programs at the Library. She said because of the changes which are happening with the Town Square project the library would not be in the CRA district. Indicated this was an impediment with the CRA funding. Ms. Revelas explained Hacklab needed to be a nonprofit as well as in the CRA district. The CRA stated they could not fund Hacklab because they were not physically doing the program in the CRA district. Hacklab' s position was they were serving the residents in the CRA district. Ms. Revelas indicated they did not apply for the CRA grant. Vice Mayor Romelus stated she was not aware that being an impediment. The grant was made for the organization which would benefit the residents of the area. Vice Mayor Romelus indicated it would be better for Hacklab to seek funding with the CRA rather than the City. The CRA already has some budgeted amounts set aside for programs such as Hacklab, rather than trying to find the $50,000 from the City budget. Vice Mayor Romelus indicated she was in favor of what was being proposed by Hacklab. Commissioner Katz explained the CRA cannot do what was being requested. The CRA interpretation states the f use of funds outside of the CRA district was prohibited. Commissioner Katz stated there are two options if Hacklab wanted to apply for the funding from the CRA. The Hacklab can relocate within the CRA district or the City can fund the program. There was no way the CRA can stretch the interpretation of the law. Commissioner Katz said the CRA's are under attack in Tallahassee and this was a very large sum of money. If this was to be done it needed to be done through the City budget. Commissioner Katz reiterated the CRA prohibits the use,of the funds; it was legally not allowed to disburse, Hacklab has two options; relocate within the CRA district. There was no way the district of the CRA can stretch its boundaries to accommodate the Hacklab or the City would need to provide the funding. Mayor Grant indicated the Schoolhouse Children's Museum was within the CRA district but did not request CRA funding and they have a line item in the City Budget. Tim Howard, Assistant City Manager responded this should be a separate conversation. He indicated it does not fall in the realm of a nonprofit looking for a grant. If the Commission would like staff to look into setting up a similar program, this can be discussed.. 2 Page 608 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 Mayor Grant stated the Schoolhouse Children's Museum had a specific purpose. Vice Mayor Romelus clarified the relationship with the Schoolhouse Children's Museum is equivalent with the relationship with the Golf course. Mr. Howard replied the City owns the building which houses the Schoolhouse Children's Museum. Vice Mayor Romelus indicated maybe this was a discussion the Commission could have in the future regarding creating some type of grant like the CRA has done. She commented on Commissioner Katz's response in terms of the physical relocation of the Hacklab. The possible relocation of the Hacklab to the Library should open up the grant for the CRA side. Indicated the Library will remain in the downtown area which was within the CRA district. The issue whether the Library was temporarily out of the CRA district was no longer a barrier. Vice Mayor Romelus indicated this would be a plausible location for the program which would place the Hacklab back into the CRA district. Vice Mayor Romelus asked would that place Hacklab in a position to receive the CRA funding. Ms. Revelas replied she does not think the CRA interpretation of the restrictions would allow the Hacklab to receive funding. Ms. Revelas indicated she was aware of what was happening in Tallahassee. Stated if Town Square was not happening most of the training would happen in the Library. But now they do not have a physical address. Mr. Howard stated it was his understanding the temporary space may be on Federal Highway. Mr. Howard suggested Ms. Revelas contact Mike Simon of the CRA for further discussion. Vincent Nolan, CEO for Sustainable Economic Development Solutions, explained he was a development consultant serving as a Board Chair of Hacklab. He was excited about the opportunity to grow jobs and businesses. Creating job opportunity was the most important part of his job. The apprenticeship program was for the citizens of Boynton Beach. This was the reason they are here to invest in the City residents. The CRA was an easy conduit but they have restrictions which the Hacklab may not be able to overcome. This program was to train local people for local jobs and raise their opportunity within the community. Irwin Cineus 23 NE 12 Avenue asked if this was the budget for the CRA. Mayor Grant responded no, this was a budget input meeting for residents. The Commission was getting input from the residents on what the residents wanted. This was an opportunity for the residents to be heard, prior to the budget being presented for approval. Mr. Cineus asked about programs which are available in the State of Florida such as affordable and quality housing. He wanted to know what was Boynton Beach doing to 3 Page 609 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 encourage these types of programs and how the residents could have access to these programs. He noted there are many programs which should help the residents get themselves together. Wanted to know about grants which would help with electric bills, help elderly residents with home repairs. Finally, where are the free programs for the residents which have little or no income. Mayor Grant noted the City received more than $500,000 in Community Development Block Grants. Mr. Cineus asked for an explanation of the Community Development Block Grants. Mayor Grant explained the Community Development block grants can be used to fund elderly and low income residents repairs and bring homes up to Code standards. Mr. Cineus asked about social services and other types of programs for the community. Mayor Grant stated the City has many nonprofits which can assist the residents. The question becomes does the City need a better marketing budget, so that all the different nonprofit services which are available to the residents of Boynton Beach are made available such as Career Source, United Way, The Urban League, 211 , there are many nonprofit agencies which cover Palm Beach County. Mayor Grant asked does the City need to put more money into the budget to provide funding to these organizations. Mr. Cineus noted there was a group of people in the City which are not being heard. Mayor Grant said if the residents do not ask they will not get. Mr. Cineus indicated the residents feel as though they are not being heard. The residents would like to work together with the City and the CRA. Asked what does the residents need to do. Mayor Grant stated there was no agenda. The City was trying to work together. If the residents want to speak they are welcomed to come to the CRA or the Commission meeting which are opened to the public. Mr. Cineus asked will there be any charrettes. Mayor Grant informed Mr. Cineus this was a budget workshop. The City was trying to work together with the residents. Indicated there would be no charrettes. Mr. Cineus said there are many things which could be beneficial for the community. Indicated there needed to be more programs for the children. More education in the community. More sporting resources. He inquired as to what goes on with a budget meeting. He wanted to know about grocery stores and how to get a store opened within the Community. The City needs Investments as well as other programs. How does the City make sure the residents are being provided the information with regards to meeting and programs? 4 Page 610 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 Vice Major Romelus noted the City was in the process of creating a new downtown. Stated the main meetings will be at the Intracoastal Park Clubhouse in the near future. Vice Mayor Romelus explained the City has given resources to nonprofit organizations to help with programs and other resources. The City does not have the manpower, the time or resources to make everything happen. The City has partnered with the nonprofit organizations. The City makes the policy and work with individuals within the community to make sure the partnership works. Suggested Mr. Cineus contact the CRA to get additional information on the many resources available to the residents of Boynton Beach. Mr. Cineus said it seems everything he asked for was already in the works. He just needed to know where to begin his search. Vice Mayor Romelus noted getting the right people to the right source was a beginning. Explained the role as a community activist was to help get the information out to the people. Vice Mayor Romelus suggested getting in contact with the CRA to get additional information regarding resources and programming. Mr. Cineus asked what are some of the things being budgeted. Inquired whether the City own its own water facility? Mayor Grant responded the City has its own water department. The City has taken out some loans to further the development to create clean water for the residents. In addition to the storm water program, to have the water drained from the low lying areas to prevent flooding. Mr. Cineus asked if a resident see an area flooding what needs to be done. Mayor Grant indicated the residents need to inform the Commission of areas which need to be changed. Mayor Grant provided an example of an area which flooded, now a storm drain has been installed and the flooding has decreased. Mr. Cineus asked if there have been any upgrades to the Water Plant. Mayor Grant advised the City recently completed a $30M upgrade to the City East Water Treatment Plant. Mr. Cineus asked what area does the water treatment plant service. Asked about the quality of the water. Mayor Grant informed the residents the City has two different water plants. The City constantly monitors the water quality. Mr. Cineus asked if the City was going to run the electrical power lines underground and has that been budgeted or was it apart of the budget process. Mayor Grant explained in the Town Square project they are creating the underground electricity for that area, the electrical poles made out of cement are not going away anytime soon. Mr. Cineus asked for clarification regarding hurricane preparedness programs. 5 Page 611 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 Commissioner Katz advised this was a budget workshop. There should have been a three-minute time limit and he was asking the chair to redirect the meeting. Mayor Grant stated if there are further questions, please ask after others are allowed to speak. Vice Mayor Romelus advised Mr. Cineus a good starting place was to get the budget from last year, and then follow that budget. She explained this will allow Mr. Cineus to see where the money goes. DeWayne Smith, spoke on behalf of the disadvantage youth in the community. Indicated he has spoken with Mayor Grant and he has shown interest in the program for the City. He explained My Brother's Keeper Program which provides tutoring and mentoring for disadvantage children. Indicated he was at this meeting to request funding for My Brother's Keeper. He said he did not know the process, but was willing to learn and be directed in the right direction to the right people or person. Mayor Grant explained My Brother Keeper was a national organization which help to mentor disadvantages youths to further their achievement. The previous speaker asked the question what was being done for the community. The City will hopefully have something in the budget which outlines certain initiatives that the City wants to see for building wealth in the community. Mr. Smith asked if this would include afterschool programs. Mayor Grant replied they have afterschool programs already in the Carolyn Sims and the Ezell Hester Community Center. Mayor Grant said the City needs to do a better job of marketing these programs in the community. Mr. Smith asked how was the advertising done. Mayor Grant replied this was done through social media, print and having workshops and Commission meetings. Mr. Smith ask if this was being done for the new school year. Mayor Grant responded this would be done for the next fiscal year 2018/2019. Jarvis Russ asked if these programs are available why is the City not informing the residents. Someone needs to tell the residents what is available. Mr. Russ stated this should be someone's job. Mayor Grant explained there was a position. The City was using social media, print and other avenues for the dissemination of information to the public. Mayor Grant asked if Mr. Russ had any suggestions on getting the information out to those not receiving this information. 6 Page 612 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 Commissioner Katz indicated if there are a certain number of residents not receiving the information or paying attention to what the City has to offer, the City has endeavored to reach the population. Mr. Russ indicated there was a meeting held at St. John Missionary Baptist and there were some flyers available. He stated he believes the City does not want the residents to know there are resources available. Mr. Russ noted there was a large population in Boynton Beach who are not getting the information. He stated again, there needs to be a paid employee making sure residents are receiving information. Mayor Grant stated there is a paid position. The City was trying to communicate to those people who have not received the communications. Mr. Russ asked if all the meetings are being relocated to Intracoastal Park Clubhouse. Mayor Grant stated the City Hall will be moving from Boynton Beach Boulevard to the new temporary location about July 1, 2018. Mr. Russ said he will be doing his part. Indicated this was a budget input meeting, please have a position dedicated to providing information to the public. Not everyone has a computer to go online, or come into City Hall. The residents cannot get used to this idea of meeting at the Intracoastal Park. Informed the Commission the residents were not aware where to meet. Commissioner Katz stated the meetings are noticed with the dates, times and locations of all meetings. Mayor Grant repeated the meetings are noticed. Vice Mayor Romelus stressed if the residents feel as though they are not receiving information they can get on a mailing list. Doing this would ensure all information was received. Mr. Russ stated there are programs to help residents, but the residents are not aware the programs exist. Vice Mayor Romelus directed Eleanor Krusell to add the names of the members of the audience to the mailing listing. Commissioner Katz stated the event mentioned was not a City sponsored meeting. Mayor Grant explained the event was sponsored by Palm Beach County. Commissioner Katz indicated the City has no connection to the event, other than placing it on the website. 7 Page 613 of 1037 BUDGET INPUT Meeting Minutes City Commission Boynton Beach, Florida May 29, 2018 Mr. Howard advised the City has programs which are income based regarding housing and home repairs administered through the Community Improvement, The SHIP program was used to fund the purchase of homes; He continued to say this was Federal money which had very strict guidelines. CDBG funding were for public services, such as providing credit counseling, legal aid, also provides funding for repairs and maintenance. Mayor Grant stated the City should have each department provide a report so that the residents are aware of what was going on in each department. The residents are saying they are not being informed, the City needs to do a better job. Mr. Cineus asked how does the City recognize when a program was successful. Mayor Grant indicated the City does not have a matrix. Mayor Grant indicated there needed to be a presentation from Octavia Sherrod and the Parks and Recreation Department. He understands the residents want more transparency. Mr. Cineus asked where was the budget from last year and when will this year's budget be finalized. Mayor Grant responded the final budget should be finalized in September. Mr. Cineus asked how does the budget process work. Mayor Grant stated the Commission will have meetings and in July there will be specials meeting, then there will be final revisions approved in September. Mr. Cineus asked if the CRA budget was part of the City budget. Mayor Grant stated the CRA budget was separate from the City budget. The CRA would have their budget meeting at the Commission meeting. Vice Mayor Romelus stated the City needed to have better programming updates. She requested Ms. Sherrod to present updates biannual to the City residents. Seeing no other residents Mayor Grant adjourned the meeting at 7:37 p.m. 8 Page 614 of 1037 7.A. BIDS AND PURCHASES OVER$100,000 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-091 -Authorize the City Manager to sign a contract with I nsituform Technologies, LLC as the lowest pre-qualified bidder as determined by review of bids submitted on May 21, 2018, resulting from the responses to the Request for Bids for Cured-in-Place Pipe Lining, (Bid No. ITB 02-CI PP-18/TP) in the amount of$794,652.50 for the project in Palm Beach Leisureville based on unit costs provided by I nsituform Technologies, LLC. in their respective bid. EXPLANATION OF REQUEST: On January 17, 2017, the Commission approved a list of three (3) pre-qualified contractors to perform Cured-I n-Place Pipe (CI PP) Lining as a result of RFQ#057-2821-16/TP. The intent is that when utilities has a CIPP project a bid will be sent to the 3 pre-qualified contractors and ask them to submit bids from which one will be recommended to be awarded the contract. A Request for Bids (the second of several planned) was issued to our pre-qualified Contracting Firms to submit line item pricing to perform Cured-in-Place Pipe Lining (CIPP) of sewer mains in Palm Beach Leisureville. CIPP lining is a trenchless method of placing a flexible lining into an existing pipe and utilizing heat and pressure to expand and cure the lining. The new CIPP lining will provide a barrier to minimize groundwater inflow and infiltration at existing sewer pipe joints. Leaking pipe joints would potentially carry soil material surrounding the joint which may cause depressions in roadway. The Scope of Work detailed in the request for Bid includes the following general items: ■ Task 1 —Pre-lining cleaning and video inspection ■ Task 2—Bypass pumping and maintenance of traffic ■ Task 3—Pipe lining and sewer service reconnections ■ Task 4—Post-lining video inspection The selected Contractor will furnish all labor, materials, equipment, incidentals and appurtenances to complete the defined Work as outlined in the Contract Documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This approval will allow City Manager to sign a contract with Insituform Technologies, LLC. in the amount of $794,652.50. Sewer pipe lining will reduce the need for increased treatment capacity by reducing the infiltration of groundwater into our sewer collection system. FISCAL IMPACT: Budgeted The fiscal impact as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities account number 403-5000-535-65-04 Page 615 of 1037 ALTERNATIVES: Not approve of the recommended contractor as provided and request that a new Bid for CIPP Lining be advertised. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving I nsituform for Cured In Place Pipe Lining D Contract Draft Contract D Bid I nsituform Bid (lowest bid) D Bid Bid Tabulation D Bid Bid Document Page 616 of 1037 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AWARD OF BID AND 5 AUTHORIZING THE CITY MANAGER TO SIGN A 6 CONTRACT WITH INSITUFORM TECHNOLOGIES, 7 LLC., AS DETERMINED BY REVIEW OF BIDS 8 SUBMITTED IN RESPONSE TO ITB 02-CIPP-18/TP FOR 9 "CURED-IN-PLACE PIPE LINING" IN THE AMOUNT OF 10 $794,652.50; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on January 17, 2017, the City Commission approved a list of three 13 (3) pre-qualified contractors to perform Cured-In-Place Pip (CIDP) Lining as a result of 14 RFQ #057-2821-16/TP so that when Utilities has a CIPP project a bid will be sent to the 3 15 pre-qualified contractors and ask them to submit bids from which one will be 16 recommended to be awarded the contract; and 17 WHEREAS, a Request for Bids was issued to our pre-qualified Contracting firms to 18 submit line item pricing to perform Cured-in-Place Pipe Lining of sewer mains in Leisureville 19 WHEREAS, staff reviewed the bid proposals and it was determined that Insituform 20 Technologies, LLC was the lowest, pre-qualified bidder; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon 22 recommendation of staff, deems it to be in the best interest of the citizens of the City of 23 Boynton Beach to award ITB 02-CIPP-18/TP for Cured-In-Place Pipe Lining in the amount 24 of $794,652.50 and authorize the City Manager to sign a Contract with Insituform 25 Technologies, LLC. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\F6BC257D-9DC8-4906-B7A2-90F337948F78\Boynton Beach.II122.1.AWard Bid and Contract to_Insituform_Technologies for_Cured_In Place Pipe_Lining(2018)_-_Reso.doc -1 - Page 617 of 1037 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves the award ITB 02-CIPP-18/TP for Cured-In-Place Pipe Lining in the amount of 33 $794,652.50 and authorize the City Manager to sign a Contract with Insituform Technologies, 34 LLC., a copy of which is attached hereto as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of , 2018. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Christina L. Romelus 44 45 Commissioner—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Joe Casello 50 51 VOTE 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\F6BC257D-9DC8-4906-B7A2-90F337948F78\Boynton Beach.11122.1.AWard Bid and_Contract to_Insituform_Technologies for_Cured_In Place Pipe_Lining(2018)_-_Reso.doc -2- Page 618 of 1037 PALM BEACH LEISUREVILLE CURED-IN-PLACE PIPE LINING (CIPP) Phase 5.2 RFQ No..: 057-2821 -16/TP ITB 02-CIPP-18/TP CONSTRUCTION CONTRACT - DRAFT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Insituform Technologies, LLC, a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of July 3, 2018, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ITB 02-CIPP-18/TP, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: PALM BEACH LEISUREVILLE CURED-IN-PLACE PIPE LINING (CIPP) PHASE 5.2 RFQ No 057-2821-16/TP, ITB 02- CIPP-18/TP. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 C-1 ITB 02-CIPP-18/TP Revised 5/29/2018 7 by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and 2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, ONE THOUSAND Dollars ($1000.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY, TWO HUNDRED FIFTY Dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein,a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Seven Hundred Ninety-Four Thousand Six Hundred Fifty-Two Dollars and Fifty Cents (Written) $ 794,652.50 (Numerical) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions.Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements.Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty(30)days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.1 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until completion of the construction services. 4.2 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to Boynton Beach Utilities-Palm Beach Leisureville(CIPP)Phase 5.2 C-2 ITB 02-CIPP-18/TP Revised 5/29/2018 7 protect itself from loss on account of: 4.2.1 Defective Work not remedied. 4.2.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 4.2.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 4.2.4 Damage to another CONTRACTOR not remedied. 4.2.5 Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.3 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY,shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Invitation to Bid 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 6.3 Contract 6.4 Contractor's Performance and Payment Bond 6.5 General Conditions 6.6 Special Conditions 6.7 Technical Specifications 6.8 Drawings entitled: Appendix "A" Phase 5.2 GIS Maps, Pipe Segments, Plans View Report, Standard Cleanout Installation Boynton Beach Utilities-Palm Beach Leisureville(CIPP)Phase 5.2 C-3 ITB 02-CIPP-18/TP Revised 5/29/2018 021 7 ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Division Attn: Joseph Paterniti, Interim Utilities Director Attn: Director of Finance 124 E. Woolbright Road City of Boynton Beach Boynton Beach, FL 33435 100 E. Boynton Beach Boulevard Tel (561) 742 -6423 Boynton Beach FL 33425 Tel (561) 742-6311 Fax(561)742-6322 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR; Insituform Technologies, LLC ADDRESS: 17988 Edison Avenue CITY/STATE/ZIP: Chesterfield, MO 63005 Attn: Diane Partridge, Contracting and Attesting Officer Tel: (636)530-8000 Fax: (636)530-8701 Article 8. INDEMNITY. In consideration of Twenty-Five Dollars($25.00)in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 10.3 Ensure that public records that are exempt or that are confidential and exempt from public Boynton Beach Utilities-Palm Beach Leisureville(CIPP)Phase 5.2 C-4 ITB 02-CIPP-18/TP Revised 5/29/2018 022 "F 7 record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 10.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities-Palm Beach Leisureville(CIPP)Phase 5.2 C-5 ITB 02-CIPP-18/TP Revised 5/29/2018 7 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12018. CITY OF BOYNTON BEACH CONTRACTOR Lori LaVerriere, City Manager Name Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities-Palm Beach Leisureville(CIPP)Phase 5.2 C-6 ITB 02-CIPP-18/TP Revised 5/29/2018 7 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 PFB-1 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Fage 025 of 7 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 PFB-2 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Fage 020 of 7 Signed and sealed this day of 12018. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 PFB-3 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 7 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 20187 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 PYB-1 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTE® BY CONTRACTOR AND SUBMITTED ATA ARD 7 of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 PYB-2 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTE® BY CONTRACTOR AND SUBMITTED ATA ARD 7 supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12018. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 PYB-3 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTE® BY CONTRACTOR AND SUBMITTED ATA ARD 7 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 2018 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities—Palm Beach Leisureville(CIPP)Phase 5.2 WT-1 ITB 02-CIPP-18/TP Revised 5/29/2018 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 691 of 7 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 Prod ucts-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 (anyone person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------ INSURANCE ADVISORY FORM 692 'IF i 7 e CL CL Z UJ CL W N 4 ? I LLJ CL Y d M z _ LL r O a a 2 UJ CNF- ZX a !- Q-i m W IM Q O Z ® .J O0 F- i? O viz ui z ~ r: N O . . ® en V Q r- m J N z co r C �- ❑ Q uco c�gy ` ICLL- 2 a LL ZCO N M y� N V1 Z J � ro 1 O of Qs W E F- Page 633 of 1037 ATTACHMENT THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE SON a - w. - - -<\ \ - - . - : a<. &Aa Beach wl A.-c red-n-P Bce Pipe Lining(CI7) ma_m A ,H Page 634 0 1037 W U (L m F- Z J ,QA p o Q Ld O N 'D p O `� `D o H � "i o .n o o 00 M M N N is •-i 9 ti ~ � -63 be W ZZ L CD O U3 W p y ® G y} ® -GIs w LU m W � JQ ® Q Qm � m W '� M 0 W � a U LL W J J J J uj J J J .J aU U Gr C) maga OL Q oZ Z a z f!1 ULU W a F ® U W � co M r N J r Q W O 3 J Z' r2 W o A : O w Q Z ® W m 4 o °w a LIJ ® r eo �y � w W Z I �O r) — I Z I m o ® U cc w w w w z Z ® O m ZW w w w ui v w v yo rn Z N .. N,. c ui a j ts� N ACV � N OCN � N Z D. 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CL H LL m Z r0 O a a C c U Q 'Q W D U LOO us L L V) C!_ a Z o N a O m :2 a Q N Fm mom ❑ v � m � ❑ Unca =: c� c� c t N V V r a a � ;F o 'er t: Im 0 4) c m m co d w Q m 1 HLi- Q CO J O -7 N Y r NC 7 J r N C'7 N M sfi LU H �a Page 637 of 1037 ui Q C) q C� 0 L6 m CD ro N Iq S LnCD Lrb 13) 4) W C:) C) 0 :tf LO a CN LO a Cq z 0 fA fA z 0 E 0 IM —, — M 2 co c W -a LU co CO 0 co Al 0 (D z CL D Fj 75 LLI 0 0 0 Li-4c U CO cl 00 0 0 IL 0 Z IN Cd 0wZ a Gj L) IL�- :3 T: E x w W CL 0 Im �--j U) E 0 0 E 40= IL z 3 (Dm 2 E c00 (L).O z 2L QA 00 > -1 LU 5 . ID <Ix za 40-0 V w 0 lu 0 > W M a) 13 m'0 (D 0 CL M M p men O b m -OR 90 rp E m 0 my :5 W LU LU -W M M Z -0 'a C Was 29,D 0 (D Cry a 0 a) 0 Cd oo LLS 0 U) CD z 0 E CE S? (a CLE 0 LL 0 -0 E LU z Z .0 m w 0 p CL N .0 C c<0. 0 !2 t7 Q .2 N z 0 r"O L — CL AM 9 0 r- a- 1 0 ca 0 M CL 0 m 0 u > U) 4- w CL U .— = -I.- - 0 M a z E JU 0 w 0 M (D LU ?A = o-w E LL > 0 co E z tM (D 4d w z M ui 10 CL (D 0 ui a) LL z 0 MV i'm = = S R CL ,E 03 NW —w F- CO) So ui E c g = "9 &- L z (1) m a .2 ui 'a 0 X: %6 ® � CL 0 I— E iD:r- .LU W = w M ui 0 tx, IM M.b! uj c CL z 0 w o 00 O CV 0 0 �b z U) U 0 0) F- 0 i 4 W 10.0 JS 0 E 0 0 E Page 638 of 1037 ANTI-KICKBACK I I STATE OF FLORIDASs ) COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. a. F By. NA - SIGNATURE Sworn and subscribed before me this 21st day of May 2018 Printed Information: Diane Partridge NAME Contracting and Attesting Officer TITLE OTA Y IC, State of IRMWIV t La a Missouri Insituform Technologies, LLC COMPANY JANET .HASS Notary Public-Notary Sea! St Louis county-State of Missouri commission Number 12529086 My commission Expires Nov 27,2020 "OFFICIAL NOTARY L"STAMP Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) BF 169 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 639 of 1037 NON-COLLUSION AFFIDAVIT T State of Missouri } County of St. Louis Diane Partridge being first duly sworn, deposes and says that: He isContracting and Attesting Officebf Insituform Technologies,LLC the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said RFQ is genuine and is not a collusive or sham RFQ; Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant,has in any way colluded,conspired,connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion,conspiracy, connivance or unlawful agreement any advantage against the CmtX of Boynton Beach, or any person interested in the proposed Contract;and The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the pr ser or any of its agents, representatives,owners, employees,or parties in interest, including is affil nt. (Signed) Diane Partridge (Title) Contractingand AttestingOfficer Subscribed and sworn to before me This 21st day of May 2018 Notary Public(Signature) JANETW.HASS My Commission pines: L tary public-Notary Seal s County-State of Missouri mission Number 12529086mission Exp#res Nov 27,2020 Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) BF 170 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 640 of 1037 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3983, 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. Insituform Technologies,LLC Name of Proposer uthcgiz! Signature of Propt�oser lane artri ge, ontracteng and littesting Off[ r *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method 'r p4H Sm ¢- — 4 L,dU rr as Boynton Beach utilities—Cured-In—Place Pipe Lining(CIPP) BF 171 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 641 of 1037 r r f SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGN RE Diane Partridge,Contracting and Attesting Officer Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP) BF 172 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 642 of 1037 WARRANTIES In consideration of,and to induce the Award of THE CITY ,FLORIDA,Construction Contract described in these Bid Documents,the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract;and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects;and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien,and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like;and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314;and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used;that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty,where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials,or at its option refund the amount paid,which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness;and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty;and Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) BF 173 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETEAND ACCEPTABLE Page 643 of 1037 10. That it is an express condition of this Warranty that the item(s)hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty,the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to,any other Warranties offered;and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this 21day of May 2018. (SEAL) CONTRACT R: Insituform nologies,LLC By ATTEST: Diane Partridge,Contracting and Attesting Ofoer awl Janet Hass, trading and Attesting Officer Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIDP) BF 174 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 644 of 1037 wt fodh-in the Utafted Liability romp avyA-gregment of hIsitaf-Orer TCObnOlO9teS.LLC OZ'COWP:11116-f eby determinetnt-, L-triath-nda,Adk-h r4 Laum Andre&K-jmIzf Now,jam I�Mse�Diana pmtidge, Wbit'WY Schtlllt,W Ursula Ybur%bfoed are appointed 03 Contratting,and Attes&,- Mom Offile COMpany,each with the authority,individually and in the absence of tho offiers,eallect to the MIAMI Of the Board of Manageas of the compagy,(1)to certify and 10 attest the SiVIRIM of any ofhcer of the Company,00 to enter into and to bind The Company to perform Opeline rehabilitation wfivitics oft Compimy Md.4 inafters Mated thereto,inaluding the maintenance Of One of more offim and facilities of the CM-Upany,CM)to execute-and to deliver documents on beWf'file Company,and(jv) to take sm h other action as is or may be necessary and appropHato so cauy out the PtejIrides and work o Cornpally;and AU-fteTC=UWft9aWAIws&g0f-ftcmoftk Company apporitited bytoPmIdent Ofd COMMY Pim totkdateef tha OPPOintmont 8-M hereby removed from ofdm Da&d' December 14,2017 Franki—F-insching Pffflident Page 645 of 1037 a 7N. VENDOR CERTIFICATION REGARDINGSCRUTINIZED COMPANIES LISTS Respondent Vendor Name: lnsituform Technologies,LLC Vendor FEIN: 13-3032158 Vendor's Authorized Representative Name and Title: Diane Partridge,Contracting and Attesting Officer Address: 17988 Edison Avenue City: Chestertleld State: MO Zip: 63005 Phone Number: (636)530-8aoo Email Address: dpartridge@aegion.com Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services of$1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. This requirement is not applicable to federally funded contracts. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. Certified By: 1 AAL 9 who is authorized to sign On behalf of the above referenced company. Authorized Signature Print Name and Title: Diane Partridge,Contracting and Attesting Officer Date: May 21,2018 Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) $F 175 THIS PAGE MUST BE SUBMITTED ALONG NTH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 646 of 1037 O 0 rs, Er 0 Ci t m a) '2 0 .2! 8 75 to m 'a m n. :3 r— LU 0 ZVI '2 > -0 " %. m :3 -0 3: D (D co w r- ru (D C14 tjw C14 0 ca ow w LU a) LU a) rr 0 CO (D c w cu -j E CL 0 CO ki 0 cb z 41C 0 O:t-- -d (D 3 0 Lu RM 0 U)W —Lu w IL a) ' 0 0 0 0'r = 0 W — ca= Y 2 2 = wz 2m .0 r CL =; — a.< z®. = a) 0 0 LU 9 = P z z iT 0 r- 0 E 0 -0 0 LU 7 o Z-- M-'Ir = IL d- a) a)-0 0 m 00 Z co =.L--0 a. N a. m ca 0 w 1� C) CD go � 2 - c j 13 W 6 C:y cm U. LU W * 01 E2 . CD LU J wo 0 .0 0 CLcu 'a �j Z Z- w Q LL m —i ! = ® --lYl 71 0 CL (D Z y 0 aD U) LU w 0 LS E LU 1 a M ID LU 0 M 0 .9 —_ :a , 0 U)0 K) —0 .2 a) 0 Lu tm-no (a c T 0 — � 0 0 -0 0 CL 0 (L 0 0) —0 IL 0 a) 3: E , " U) —0 CD -a —p C z C: .9 CL 0 0 0 -j 0 (D >%to m 0 O (D —= to luu 0 a L) 3t M 0 2 0 - C- CL Y 0 0 CO 0 CL n 0 0 cc E Ixco m oil, Mu 6 (D CU M I IL 0 U -= 4- � E = (D a U a) ca ? LL CL (D a CL r= M.— to m 0 a) c m 0 m 0 U - 11 D CD CD Z; o ca 0 cos r- m Page 647 of 1037 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION the of (Name of officer of company) (Title of officer of company) " located at (Name of Corporation/Company) (Business Address) �/_dr_e ss) certify that I am an authorized representative of the business and, on behalf the j Business, request that it be deemed to be a local business for purposes of e City of Boynton Beach Local Preference Program.Answering yes to Question 1 d Question 2 below will qualify the business as a local business. In support of this re uest, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits r NO Number of Years: of Boynton each, Florida? 2. Does the business have a busines tax YES hLO Business License receipt issued in the current year? Number: 3. Is the business registered ith the Florida YES NO Division of Corporations? I understand that misr/epres tation of any facts in connection with this request may be cause for t removal from the certified cal business list. I also agree that the business is required to notify the City in writing should it ase to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*" Business License Year Active: = Established. Verified by: Date: Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) BF 177 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 648 of 1037 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: UTILITIES DEPARTMENT, City of Boynton each, 124 E.Woolbright Road, Boynton Beach, FL 33435 Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton each. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ/Bid No. Q§Z-ZQZj-jfiffP_for CURED-IN-PLACE PIPE LINING (CIPP) PALM BEACH LEISUREVILLE ITB 02-CIPP-9BITP because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other (specify below) REMARKS: Boynton Beach Utilities—Cured-in—Place Pipe Lining(CIPP) BF 178 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 649 of 1037 STATE OF FLORIDA DEPARTMENT F BUSINESS ANDF I L REGULATION CONSTRUCTION STRUCTION I DUST Y LICENSING BOARD ( )487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 HO O , RICHARD TAYLOR INSITUFORM TECHNOLOGIES LLC 20 FOX CHASE SUITE CARTERSVILLE GA 30120 Congratulations! With this license you became one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range ilk. STATE OF FLORIDA from architects to yacht brokers,from boxers to barbe ue 1 ' restaurants,and they Keep Florida's economy strong.9 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Everyday we work to improve the way we do business in order CGCO61125 ISSUED: 08107120°16 to serve you better. For information about our services,please to ontomyriori license.com, There you can find more CERTIFIED GENERA! CONTRACTOR information about our divisions and the regulations that impact HOWTON,RICHARD TAYLOR- you,subscribe to department newsletters and learn more about INSITUFOR!bl TECHNOLOGIES LLC the Department`s initiatives. Our mission at the Department is:License Efficiently, Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch..499 FS. and congratulations on your new license! Eawrraffon date:AUG31,20® 0609070 002611 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS SIC INDUSTRY LICENSING PROFESSIONAL REGULATIONq£+ro OARD Nil G02 , The GENERAL CONTRACTOR r del Named below 1S CERTIFIED Under the provisions of Chapter 489 FS. � Expiration date. AUG 31,2018 HO ON, RICHARD TAYLOR INSITUFOM TECHNOLOGIES LLC 17988 EDISONAVENUE ti CHESTERFIELD MO 63005 ISSUED: 08/07/2016 DISPLAY AS REQUIRED BY LAW SEC!# 1.1608070002611 Page 650 of 1037 U cub FLORIDA PA ,"I`MENT OF STAT Division of Corporations January 18, 2012 BECKY PEIRCE CSC TALLAHASSEE, L Qualification documents for 1NSITUFORM TECHNOLOGIES, LLC were filed on January 18, 2012, and assigned document number M12000000304. Please refer to this number whenever corresponding with this office. Your limited liability company is authorized to transact business in Florida as of the file date. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. If the annual report is not filed by May 1st, a $400 late fee will be added. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Contact the IRS at 1-800-829-4933 for an SS-4 form or go to mm8mjrs.gjov. Please notify this office if the limited liability company address changes. Should you have any questions regarding this matter, please contact this office at the address given below. Buck Kohr Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 71200001262 Account number: I20000000195 Amount charged: 125. 0 www.sunbiz.org Division of Corporations _ P.O. BOX 6327 -Tallahassee, Flori a 32314 Page 651 of 1037 •,�ar� APPLICATION By FOREIGN LTA=D UABILT17Y COMPANY FOR AUTHORTZATIONN TO TRANSACT BUSINESS IN FLORIDA (hl ofF igal, Uah%li'ty ca-p-y, Iurle'2is�ited Liability C.-psny,"„L.7,.C'_,"w— -) (If name munrailable,enter al name adopted for the Purpose of tranWigg buarncss in Florida and attach a copy of the written consent of the iaanagers or mata&g members.sdopfmg thc sal ate name.The alternate name must include'Limited f iabiUty+' ComVny,"`L.L.C,""LLC2') 2.DE 3_ (Jurisdictioa under the Favor of'twfi5e fureigu leaArd bibIty {I c�1 a�xmlvz�a•> rofsla�alsl�) compeny is organized) . 03/27/1990 � Perpetual (C caf C}rg muu) (Dumfi=`year Limited Iiabilafy--p-y ll se'P.ar 6dst . 6.LTpoaa I . - (Date&%ttrms&ctcdbusine iulrlurs ifpdortoreiisfa (S s °oras 608.591&603_5®2 F.S.tes etrrmfies penalty liability) 7. l7 "iWtdi a ua,m e is s'1ss .ld, i 3--05 _.—. __ —--------------- (St��t�„drip-rs r f�:::awd aI t”➢fLic:�) S. If limited liability company is a manager-managed company,check here 9. The name and usual business addresses of the managing metubers or managers are as follows: J,F "R '1198 ? ,,,,,Ave, 14e 2,,;sok t7ayid Martiaa1 7.983:EAson eve.i_;ll€ ... tial .)6300.E David F.Moins 17988 Ed:o:on..Ave.,C aa:st:e rfield MO 63005 tom' atz v itis h If is in a kwign.laqgwagqa Ila Nature of business or purpo=to be conductn or promoted in Florida: AnylawMbusmess,Pulp , or Signature ofamember or an authorized represeniveofa member. On succwith motim 601- ),F-S_,ih-muxuliun afads dommem.canditusps ass affinaWm ander the penallks ofpedbemin am arcs;.I ane ware that amy Use info- on Saburiffnd in a document to the DBP em of Steft constitutes athird degree felony as provided for in s.811.155,F.&) David F.Moiris,Manager Typedag Typed or printed name of signee Page 652 of 1037 ----- CERTMCATE Cay "DE,s irNATIoN OF REGISTERED AGE 4 D OMCE -PPROVISIONS OF SECTION 608.415 or 608.507,MORIDA STA. 15,TBE UNDEMIGNED LDyflM LIABILITY CONPAW SUBNM TM FoLLoWfSTATE&NT TO DESIGNATE A REGISTERED()FFIcE AND REGI STEM AGENT IN TW STATEO FLORIDA. 1, The,name of the Lin-jited LiabjUly Company is, i ituf'a `i'Mi ologles,UGC If unavailable,the afternam to be used in the state of Florida is: 2. The mme and the Florida street address ofthe re agent and office are: Cokjoraion Service Coipy .............. omu,=) 1201 Ila, s street ......................� _..........................._ _... ._. L r"d r fl t z6 °.o.t c:x f" AL - ........... Tarllaahassa 32301 --........................... ........................._....: avzng Veen ae asrme er rz anzce a� pr esu or a r e rrrz e I' ilzty co ,pr rxt thoP desi ed in is cerate}`t e,I cEpt appo' rnent regagterL,d agrawad agree to act in diiv czpacily. Ifurther agree to crrrnply `h thepmslons raf,11 sta rektingto the proper(mdcompleteperfomance df my alkies,andfamfamifiar wilhandaccept the Obligations o 87"' . as rre d a di pmvi jvr " Chapter 608 FT€ar°jd,,S Corpon Service C 1 Dawn Frantz,Assistant S eMMtERY $100-00 Fffing Fee for Apple fim $ 25.00 Deskoation of Re&jered Agent S 34. 0CerffiedCapy(optionA S 5.00 Ce ' of (op en Page 653 of 1037 zvtme GE I Tfie- Yirst State 1, JEFFREY W. BUILOCK, SECRETARY OF STATE OF THE STATE Or DELARTARS, DO HEREBY CERTXFY "INSITUFORM TECHMOLOCIES, LLC @" xs DULY FORMED UNDER THE LAWS OF THE STATE OF DBI �AWAp .p AND IS XN GOOD STANDING AND HAS A LEGAL EXISTENCE so FAR AS rpRE RECORDoc, OF THXS OFFICE SHOW, AS OF THE SEVENTEENTH DAY OF -TANUARY, A.D. 2012. ALVD I DO HEREBY FMTRER CERTIFY THAT THE 5AID "IN FO TECHNOLOGIES, LLC" WAS BVRMED ON THE TWENTY-SEVENTH DAY OF MARCH, A-D- 1980. AND I DO EE FURTHER CERTIFY THAT THE ANNUAL TAX-W� HA�� BEEN PAID TO DATE Jeffrey W Bullock Secretery ofstate HN c 0889565 8300 A TXON- 9301204 ul H 120055464 DATE. 01-17-12 mEty vemiry Lkin Cez-kificate 01 ins Page 654 of 1037 Insituform" An Aegloir Company CORPORATE BACKGROUND Insituform Technologies, LLC is a diversified, international corporation specializing in trenchless reconstruction of municipal and industrial pipelines nfall types-sewer,storm drain,water,gas oil,chemical process,slurry and nuclear power pipelines. Application sizes range from under 6-inchestoover 95-inchesindiameter. Based onsize, experience,technology,capability and resources, INSITUFORM is the worldwide leader in full-spectrum piping reconstruction contracting. |nsitufbnn's expertise is based on over 40 years of experience spent in the reconstruction of more than Z[\ODQ miles (over 100'000'000 ft) of pipe. Currently, |N3|TUFDRK8 offers a full spectrum oftronoh|ess rehabilitation products including )nsitufonn's flagship cured-in-place pipe (ClPp)' iP|uo |nfbsinn'o' iP|usw Composite, Tit Liner' HDPE systems for industrial pipelines and our(na\mfoonB)ueOproduct line for potable water renewal including the insituK8ain"System and InnituGuard" HDPE rehabilitation system for transmission and distribution mains,robotic service reinstatement. The corporate history that encompasses today's worldwide Insituform Technologies, LLC organization derives from a host of resources, people, technology and experience merged from former licensees and affiliates of the original {nsituform0 pipe reconstruction process, |NSO[UFOR&4 is a leader in quality management, becoming the first specialty piping corporation to receive |5O 3QOO quality installation certification inI995 Insituform Technologies is one of the largest trenchless technology companies in the world,with annual revenues exceeding $914 million in 2010.As of 2011, Insituform is now a wholly owned subsidiary or Aegion Corporation.Aegion stock is publicly held onthe NASDAQ exchange under the symbol"AGN". PERSONNEL |nsitofarm Technologies, LLC's worldwide organization consists of over 3'000 employees. Every specialty and function associated with an international, technology-driven business is incorporated. Outside of manufacturing operations, the predominance of INSITUFORM personnel engagelin project crew duties for pipeline reconstruction. l05[TUF0R0N maintains and staffs an extensive Research and Development facility engaged in new product and technical installation development.Experts are available to assist operations units in developing specialized solutions to particular client needs for underground pipingsmtemanalysis and reconstruction. /NS|TUF0RKn maintains a centralized design team at the world headquarters 'in St. Louis, Missouri with responsibility for ensuring that service conditions are met by products in each application. When necessary, special industrial design considerations and constraints such as corrosion,abrasion, unusual loading, pressure,temperature, etc.are fully included in specific application designs. |N3|TUFQRKH has assigned technical market managers to specific segments who have intimate knowledge of process and facility operations and are able to provide advice and field technical assistance in special applications asmay berequired tomeet critical orunusual client needs. By nature, field applications of pipeline service' assessment and reconstruction activities are highly regionalized. /n the United States, !NS|TUR)RKn meets the needs of local municipal, industrial and military clients for responsive service by deploying personnel at strategic locations to minimize the cost and burden to clients of extensive mobilization. As an integrated company' sharing ofexpert personnel and specialized equipment between locations in response to client and project needs 1spart ofnormal operations. Page G55Of1O37 QUALITY ASSURANCE Astrategy goal of!nsitufonnTechnology boperational excellence. This goal ofquality assurance isbeing achieved ontwo fronts. Best Practices Priogra : First, INSITUFORM has completed'its long-term goal of merging all licensees throughout the United States and solidifying relationships with worldwide subsidiaries and affiliates. Achieving uniform high standards of quality across all operating units isessential to ensure long-term service toclient needs. in doing so, |N3|TUFORM has developed comprehensive bench-marking studies to identify the "Best Practices" of the most efficient and best quality manufacturing and installation procedures for each product line, and can therefore share these best practices with (0S|TDFURPW's regional offices,subsidiaries, and licensees throughout the world. |NS{TUFOR&Abelieves that the only way toguarantee quality isto integrate product development, manufacturing and installation under a best practices program, coupled with |3O 9001 Quality Management Programs. ISO 9001 Quality Assurance Program: INSITUFORM's second long-term goal is to maintain ISO 9001 quality certification for its manufacturing facilities. This certification process was completed in 2995. ISO certification is not only consistent with the goal of achieving operational excellence for the municipal market, itis an essential requirement for the industrial market, where ISO certification has become an increasingly greater requirement for acceptance as a qualified supplier. Training:Qualil. Assurance Inspection Program and A pilot program for the detection and recording of internal non- conformance was established. Persons were selected and trained for conducting internal auditing, probably the most important aspect of ISO because it provides ongoing self-evaluation of the effectiveness of the quality system. Every member ofthe organization isfamiliar with,and fully committed tothe company's"Quality Policy'and non-conformance identification program. Findings:Internal Audit Predetermined elements ofthe quality system are audited each month, and atyear's end every ISO 9001 requirement will have been reviewed at least once. Findings are reported to the manager responsible for the appropriate department for resolution. Review:Management Review and Client At least twice a year, managers meet to review and assess the quality system as a whole. Quality objectives are evaluated and amended orincreased ooappropriate. Resource needs are identified and action plans formulated. Once a project is completed, the client receives a Customer Survey form. This comprehensive form is INSITUFORM's report card which identifies projectsuccess,as well as areas where improvement is suggested. |NS[T0FORM The rehabilitation processes offered by Insftuform were developed to provide a means of reconstructing existing pipe,conduit orpassageways without extensive excavation. Some typical applications include: 2. Halting settlement by stopping the infiltration of soil and bedding material which often accompanies groundwater infiltration and can cause soil voids and shifting ground ingravity pipelines, 2. Eliminating[nfi|trationnfgroundwater through joints,breaks and missing sections ofgravity pipeline. 3. Increasing the capacity of existing pipelines by smoothing the interior surface and providing smooth transitions averjoints and protrusions. 4. Reducing maintenance and increasing capacity by reducing deposits and eliminating root intrusions into gravity pipelines. 5. Protecting the pipe from attack by corrosive chemical effluent and vapors. 6. Eliminating the exfi|trationofpollutants and chemicals into surrounding groundwater aquifers through joints and cracks in pipelines. 7. Strengthening the existing pipe bythe installation ofatightfitting|nsituformd)OPPwithin the old,thereby bhdgingJoints' cracks and disconnected pipes into asingle continuous conduit. 2 Page G5GOf1O37 Briefly, here are just a few of the benefits realized from the reconstruction of pipelines using the Insituform® cured-in-place pipe(CIPP)process: Virtua.1.11y..eliminates excavation problems-Depending on the type of pipe or passageway to be reconstructed(sewers,drains, or conduits), excavation can virtually be eliminated. Existing access (sewer manholes) is usually sufficient. Side connections can generally be'reinstated'by cutting out from within. Bends can be negotiated. Restores full size capacity, reduces maintenance - These tight-fitting pipes are continuous over pipe joints, openings and faults, and the capacity is nearly always increased. The smoothness also reduces deposits because there are no places for deposits to form,thereby reducing maintenance. Builds corrosion-resistant pipe, resists chemical attack-In the case of the Insituform process,various thermosetting resins can be selected to resist the corrosive effects of the effluent. Builds_a_continuous pipe - (a new pipe within the old) - Insituform® CIPP bridges breaks and missing sections of pipe eliminating infiltration, exFiltration or loss of product in pressure pipes. Insituform fits tightly and bridges disconnected pipes into a single continuous pipe. Reconstructs unusually-sh aped pipes without loss of capacity- Elliptical, egg-shaped, flat bottom horseshoe or rectangular conduits can be reinstated to their existing shape by the tight fitting Insituforrn process. Accomplishes these things in sizes from 6-to 96-inches in diameter—InsitufarmG CIPP has been constructed In these sizes and may be applicable to those beyond. Solves difficult jobs - In addition to negotiating bends, it is possible to reconstruct remote sections 'inaccessible to wheeled vehicles (e.g. inside building)with the Insituform process. In addition to beinginstalledwithout excavation, Insituform OD CIPP has been installed where access to only one end is feasible (vertical wells). Also, it is possible to reconstruct pipelines with reducers or only a portion of a pipeline. Solves stringent time restraints - Preparation time is reduced by eliminating street openings and risk of damage to other utilities. Insituforms CIPP can generally be installed and completed in less on-the-job time than traditional open cut construction methods. Offers more convenience to commerce and public - Little inconvenience is caused to the public, commercial business or existing utility operations because excavations are generally eliminated. Little work space is needed for installation. This alone means fewer restrictions on access to property and shops and greater assurance of safety. Longevity-For normal applications,such as gravity sewers,the service life of Insituform 0 CIPP can be expected to approach fifty years. Service life of Insituforms CIPP is a function of the temperature, pressure, velocity, and chemical and abrasive properties of the materials being carried. Custom-Engineered — Insituform® tubes are custom-engineered to optimize total life performance using time-proven formulas.These take into account requirements for diameter,length,condition of pipe,flow rates,temperature,pressure and corrosiveness of the materials being carried. INSITUFORM,STANDARD INSTALLATION PROCESS The standard Insituform®process has been used throughout the world for the rehabilitation of over 20,000 miles, of pipe ranging in size from 6"to 96". The process uses a resin-impregnated,flexible felt tube which is installed into and through an existing pipe using water or air pressure. While the liner is held tightly against the host pipe, hut water or steam is circulated through a heat exchanger to cure the thermostat resin. The flexible resin tube can accommodate various pipe shapes—round,square, rectangular, oval or arched. The Insituform® tube can negotiate bends, elbows, missing sections, offset joints, misalignment and steep slopes. Standard applications include process and sanitary sewer, storm drains, process lines, slurry lines, force mains and siphons. Resin systems used include polyester,vinyl ester and epoxy,designed to meet service requirements. Installation lengths typically range from 250 feet to over 2,500 feet,depending an pipe size and condition. Service laterals are re-opened internally using robotic cutters. 3 Page 657 of 1037 -sit"hum 17988 Edison Tel:636-5308000 rl to balpiP61111,;Prolealon, Chesterfield,MO 63006 Fax.,036,530-8744 www'inalworm. wm INSTALLER CERTIFICATION Date: March 8,2018 To Whom It May Concern: Insituform Technologies, LLC is a vertically integrated pipeline rehabilitation company. As such, Insituf6rin is not only the manufacturer of the cured-in-place pipeline rehabilitation system of the same name, but also offers the benefits of a full research and development department, licensed engineers on staff for design of products to suit each individual situation,and regional contracting offices that perform all field services including installation. This letter shall serve to certify that Insitufonn Technologies, LLC is authorized to install Insituform products supplied by Insituform Technologies,LLC. Sincerely, INSITUFORM TECHNOLOGIES,LLC jEune Zaltsman S . S .Applications Engineer Page 658 of 1037 Insitufarm. 17988 Edison Tel:636-530-8000 Global Pipeline Prateetion- Chesterfield,MO 63005 Fax 636-530-8744 www,fnskufofm.com CERTIFICATE OF COMPLUNCE March 8,2018 To Whom It May Concern: This letter certifies that Insituform tubes are manufactured in Batesville, Mississippi, USA, by Insituform Technologies, LLC and meet all relevant specifications for a cured-in-place pipe product: ASTM D 5813, ASTM F 1216,and AS F 1743. Insituform tubes have been manufactured in the USA since 1981. The finished tube is manufactured using multiple layers of polyester felt, with one layer coated with Polypropylene plastic. The layers are cut/slit to the desired width and sewn concentrically to form the final-tube. The,coated layer is also sealed at the scam, using an extrusion or taping process. The extrusion process is used on the standard(inverted)tubes,and the taping process is used on the pull-in tubes(also known as ILS or iPlus Infusion). The standard (inverted)tubes am manufactured with the coated layer on the outside, and the pull-in tubes are manufactured with the coated layer on the inside. After wet out, the pull-in tubes are placed in a plastic wrap to contain the resin. Felt production is achieved by a non-woven needle punch process using Polyester fiber. The finished product is tested for thickness under a specified load and for tensile strength in accordance with ASTM D 5813. The fabric tube has a minimum tensile strength of 750 psi (5 NIPa) in both the longitudinal and the transverse direction. The seam strength of the tube is also tested on a regular basis and also meets or exceeds the minimum tensile strength of 750 psi (5 MPa) in both longitudinal and transverse direction. For Quality Assurance purposes,the material is also tested for weight and thickness. All standard (inverted) tubes are ran through a dye bath prior to shipment to ensure there are no leaks. Following the inspection process all tubes (except InsituMain, which are used in water lines) are printed with yard marks. All tubes with tapers, transitions, or any change in tube diameter or thickness are produced under the same specifications,with the same materials,and meet the same material testing requirements as the standard tube. The quality system used by Insituform Technologies,LLC is ISO 9001:2015 certified. The end use of the Insituform tube is to rehabilitate sewer and drainage pipes to increase the life of the pipe and prevent a dig and replacement of a pipe. Please contact us directly with any questions you may have. Sincerely, INSITUFORM TECHNOLOGIES,LLC Eugene Zaltsman Sr.Applications Engineer Page 659 of 1037 eY ' pt, E This is to certify that Technologies,Insituform Headquarters 17999 Edison Avenue Chesterfield, Missouri 63005 USA Refer to Attachment to Certificate of Registration dated March 8,2018 for additional certified sites operates a Quality which complies with the requirements of ISO 9001 :2015 for the following scope of certification Design, v to nt, manufacturing and installation of products for the rehabilitation o pipelines using trenchless technology. Certification of installation services is non- trainsferrable and applies only when performedit c l Insituform Technologies, LLC. Certificate No.: CERT-0101077 Original Certification Date: February 11, 2014 File No.: 1650845 Certification Effective Date: March 15, 2017 Issue Date: March 8, 2018 Certification Expiry Date: March 14, 2020 0.5f4w� Nicole Grantham General naaer SAI Global ifica#ion Services _ +.id :. r A C C R E 131 F E D MANAGEMENT SYSTEMS . IS0 9061 CERTIFICATION Boar Rs ts'rad 6}t $Al Ganad�lintlted(SAE GobaE),20 CadmnGaud,SUW200,Tomb,CnWD NDW7M Cmada.Thhmgist fan is subj-q tothe SAE(NoW Tpp arms sngd C.atd nsforC�Gr tion,ftleal d,ecmand�1--rdsadinca�rengoetthsaasea mt,SAI®ob.1--pts mspnn.1h1knnV� Ta�erlf}'eiha®tem is n(p6s ,� SAI GLOBAL reisrM tFsn-ArnfioS41 G opal EG4�LIre Cali Re® m ups.rega.eL INFORM. INSPIRE, I MFRti UE. Page 660 of 1037 i Product tested: Cured-In-Place Pipe Insituform?Process 'fest: Design Life Conducted by: INNOVATIVE METHODS OF TESTING the long-term Trenehless Technology Center at Louis€aria 8 Tech tlnWrslty,funded by U.S.Army Corps of structural behavior of Cured-In-Place Pipe(CIPP) Engineers demonstrates that the Insituform product design life exceeds 50 years and that ASTM F-1216Data: August 1994 design recommendations for physical properties are conservative for the Insituform product. The research was conducted by the Trenchless Technology Center(TTG)at Louisiana Tech University and funded by the U.S.Army Corps of Engineers. The purpose was to provide,for the first time,an Independent assessment of manufacturer's claims The research Included both experimental and regarding long-tern buckling b8havior of their analytical studies related to the application of p€peflne rehabilitation products. CIPP and Fold-and-Formed Pipe(FFP)technologies In partially deterlorated,gravity pipeline applications Research conducted ly the where bonding did not exist between the plastic pipe and the host pipe. Five manufacturers participated in the test program. Seven different products, Including six CIPP products and one FFP product,were ej 7 evaluated In approximately 200 tests. Insltuform confirms products that were tested Included Insitu€orrre • Standard,which is a widely used polyester resin •-par design Iffelnsitupipe•material,and Insituform!Enhanced, which contains an additive to the polyester resin The expected design fife and long-term behavior to Increase the flexural properties of the finished of trenchless pipeline rehabilitation products is Insituform product. important to owners and engineers In evaluating The plastic pipes were encased In steel pipes, the various systems available in the marketplace, with hydrostatic pressure applied between the especially since none of these systems have been two pipes.To measure long-term performance, In actual service for the design lives claimed. each test remained under constant pressures This becomes even more critical considering for up to 10,000 hours or until failure,whichever the recent growth of the trenchless pipeline occurred first.The test results were plotted and rehabilitation industry and that many products extrapolated beyond the test period to estimate have less than five years of oxper€erice. behavior tip to 50 years. Standardized materlaf tests(flexure,tensile and pipe stiffness tests)were also conducted to characterize the fundamental properties of the product materials. Page 661 of 1037 PUTTING CLAIMS TO THE TEST Qwrykw of Test&Wm and supplied between the plastic and casing pipes from The installation of all products used in the test was a pressurized water distribution system. performed by the manufacturers on the Loulsiana At feast three specimens of each product were Tech University campus under close monitoring by used for short-term buckling tests to determine TTC personnel.Forty specimens each of insituform the upper pressure limit for the long-term tests. EnhaStannced and to t ed. A regulator was used to raise the pressure on Enhanced were tested. the specimen,and the rate of load appllcatiari F Each test spectmen was was kept constant until failure occurred. Installed to fit snugly Inside For the long-term tests, each specimen was a 1.83 m(6 ft.)long,305 mm pressurized at a controlled rate of 10 psi/minute (12 in.)Internal diameter, (68 kPalm!nuts)until a selected pressure was schedule 40 steel casing reached.A minimum of five pressure levels were pipe.Each casing pipe was selected for each product to cause the specimens to fitted with short, bolted fail at various times over a 10,000-hour test period. pipe segments(clamshells) at each end.(See Figure 1). Specimens were monitored at least once a day Rgtm r Preparing the specimens for testing Involved trim- for evidence of buckling.Failures that docurred ming the ends flush with the ciamshelfs,removing during normal work hours were monitored the clamshells,and cleaning the ends of the specl- manually.After normal work hours,failures marts.This resulted In the plastic were detected electronically. pipe extending beyond the ends aterial G aracterizaffffl Tests . 3 of the steel casing pipes.The Numerous tests,Including flexural modulus,flexural specimens were then fitted with strength and tensile strength,were conducted on end seals applied externally,span- each product according to ASTM standards.On each i ning the casing pipe and plastic of these tests,the results found that bath Insituform pipe.(See Figure 2).The end products for surpassed the design values. seals contained the water at the (See Table 1). prescribed pressure,which was qgure 2 Table f Material Characterization Tests(Short-term) 4:11MIGAi`:: ;-':'''1NSITUFORM .:`ASTM `-;PAaxurllcrfiR�a s :_rrc MT PRODU4F. . ;. . :•.TEST IMON VALUE_ MUETS:'c•"' `` MOROD psi Vwpa) PeI(MPa1 Flexural Modulus_ Standard.:' Egltsrtcad . Et790 ;:.400,000 . 538,620 60) (371Q).`;;:'-; `': • FlexuralStrength r..Standard_.; '. <`.D790 :.; ... :: 4.500 .:.'.9,3t0... .'.'En 40 . - :6790 :•:4,00 •:.:.: ;::',:$,404:: -;.r `::: Figm.T7CTeahn�xl[reParFP118bm4R. Page 662 of 1037 SHORT-TERM TEST RESULTS CREEP FACTOR Short-term buckling tests demonstrate that Creep factor reflects the reduction in buckling resistance of a plastic pipe over Insituform design is conservative in terms of time,typically 50 years.The creep factor,CL,Is the ratio of Experimental Oto both the enhancement factor,K,and the predicted the measured flexural modulus reported in Table 1 and represents the retention buckling pressures using the following ASTM of buckling resistance at 50 years(i.e.,EL=Gr E).A value of CL greater than F-1216 design model: the manufacturer's recommended value is desirable. As shown in fable 2, 2KE a 1 ` the reported creep factor confirms the conservative nature of the 50%creep P® reduction factor applied to flexural modulus in the Insituform product design. N((- 21 (DR-1Y 1} 1 Table 2 where, P = Buckling pressure,psi(MPa) Creep Factor K ® Enhancement factor V�.:::. EL = Long-term(time-corrected) creag.;:;: ,:.;•:._. Recommended::..`,;'`,;:: . modulus of elasticity,psi(Wa) _ aactgrF,Cr::-. .`.:. Do gnVafue>.:=:'.'_ �( = Poisson's ratio - Jnsltuforrri;. taii@a� `.; .©.58'(42°l�~r sfuction) educ#fon}::;; DR= Dimension ratio(outside diameter :;Ittsftuform. n}arlced; '-: :0.73.2?�fe octipn) :4 50(§0% divided by thickness) G = Ovality factor=1 (for test program) T�G ibMig ij ?; , 4; N = Safety factor=1 (for analysis of test data) LOKO-TERM TEST RESULTS The enhancement factor, K,Is a measure of the Regression analysis was used to extrapolate long-term.buckling pressures restraining action of the host pipe that encases beyond the 10,000-hour test period to 50 years. (See Figure 3,next page). the Insitufarm product and greatly increases the allowable external buckling pressure.A flexura Modulus conservative enhancement factor of 7 is Test results supported the flexural modulus reduced to account for typically recommended for design,The tests long-term effects,FL,used in the Insituform product design,by comparing measured the average enhancement factor, it to the experimentally derived apparent long-terra flexural modulus for a K,of the Insituform Standard at 9.8 and the 50 year design life.The tested value greatly exceeded the conservative Insltuform Enhanced product at 10.5, value used in the Insltuform product design.(See Table 3). Table 3 Flexural Modulus(tong-term) 77 : T€GtS�ieli®ata[ t Pel(rdp :r ReGnr�mee d hestga :`': psi NPa) insituform Standard•.^. ":259,99Q :. :150,000 : (170) Insituform Enhanced . :..3931965 . ;.'200,000.. (2720) (13$fl) Pomrrcr6* RWrts .rabaea s Page 663 of 1037 LING-TERM BUCKLING BEHAVIOR 50-PLUS YEARS DESIGN LIFE It is important that the design procedures used One of the primary goals of the TTC test program for a rehablIbiton product accurately.predict . was to-evaluate the design:lives of various reha- the long-term structural behavior of the product. biiitation products.This was accomplished by The TfG data analysis compared the long-term comparing the 50-year extrapolated test pressure buckling test data to that predicted by Equation 1. to the design 50-year buckling pressure calculated This comparison indicated that Equation 1 conser using Equation 1 whit manufacturer's recommended vatively predicts long-term hydrostatic buckling design values for EL.An Insituform design life in behavior of both insituform produets, excess of 50 years was confirmed. WITHSTANDING THE TEST'S OF TIME - ' ;:`; The most rigorous,innovative and independent Rep esslon esult tests ever conducted on pipeline rehabilitation products clearly demonstrates that service life beyond 5Q ars can be expected with y proper ----- ----- ------ ----- ------ _ 1� designed and Installed Insituform products. A copy of"Long Term Structural Behavior of Pipeline Rehabilitation Systems"(TTG Technical Report#302)may be obtained by writing: -;. Trenchless Technology Center ; n YEAR! Louisiana Tech University P.O. Box 10,348 "f a:; i- <:;ioAo:.: f = "ioo ;_'oom';:'�aao Ruston,Louisiana 71272 .'- iM7B E FAli.USE i haoi" 3' or by calling (318)2574072. ' •'s.' ,i.'. -�F,�•.-.Tfl"�A�Y�a�t�701[ F86t9 Figure J.Longterm Test and Regression Results for ItWtufarm Enhanced Product Insituform lNprfdAMPraline&hRhf1,bL n 702 Spirit 40 Park Drive Chesterfield,M©53005 ABITall Free: 800-234-2992 7101 Phone: 63MO-8000 ID1 ®20DI 10duronn Technof les,Inc. Fax: 638-519-8016 Page 664 of 1037 Product tested: Insitulorm®Cured-in-Place Pips(CIPP) Test. An Insit4fomr .Flexural Properties C' , nirl G Bodycote Materials Testing Ltd. performanceexceed industry n Date: ember 2001 standcuds after 3 0 years in service. SUMMARY OF RESULTS Supervising removal of the samples were •After 30 years of service In a London sewer representatives from both Bodycote and the sewer carrying both domestic and industrial effluent, Owner,Thames Water UtIlitfes Limited. an Insituform°CIPP was found to have a flexural PROCMURE modulus exceeding the nearest contemporary Two panels,approximately 300 mm(12 in.) UK Water Industry Specification by 50%,and square,were taken from a side wall of the sewer, the current US standard by more than 90%. approximately four meters downstream from a ® The 30-year-aid pipe's flexural modulus was an manhole.Three test pieces were cut from each improvement over lost data obtalned after 20 panel as shown in the diagram below. years In service_ The flexural properties of each test piece were • There was no apparent deterioration in the determined by the method of B3 EN ISO 178,In overall performance of the Insitufornr CIPP accordance with current UK Water Industry between its 20th and 30th year in service. Speclfication(WIS)43404. INTRODUCTION In October 2001,tests were conducted by Bodycote Materials Testing Ltd.to determine the flexural properties of the samples taken from A an Insituform®CIPP that had been in service for 30 years. The pipe samples were taken from a 1,170 mm X 500 mm(46 In.X 24 In.)egg-shaped sewer at Riverside Close In Hackney,London.This is the same insituform'CIPP that was sampled and tested In 1991;after 20 years in service, by Bodycote's p$.70l a predecessor MTS Pendar Ltd. rrr#eeas 4-191 Page 665 of 1037 RESULTS AND CONCLUSIONS standards,and further,the pipe showed no After 30 years in service,the insituforn?CIPP significant deterioration in overall performance continues to exceed industry performance between its 20th and 30th years of service. Table 1 312-Year Test Resufis Sample .Flexural maklus Flexural Strength y � Panel A = i'.-'3,100 MPa 39 MPa t.. 45.0,000 psi 5,708 psi Pane#B 3,500 MPa 47 MPa �. 500,0 psi "6,800 psi Mean 3,300 MPa 43 MPa WOW of inside face of 480,000SE sample penal and a test I � 5,200 p51 piece cut from A. — ..- .__ — Table 2 Comparison at Mean Flexural Properties After 30 and 20 Years at Service ..._ ........__ Flexnraf —— Samples Industry Standards Pru r 3 •year 0-year 34. 4ASTM F 1216 Modulus MPa 3,300 2,900 2,200} psi 480,000 424,000 — 250,000 Strength MPa 43 46 25 — psi 6,200 6,700 - 4,500 AtSxdled fit ksm f df Me Wl&issue 2mfets to dell WO-values hutches notsperdtjraminlmum IlOWnroduips: REFERENCES: 1. WIS4-84-04 April 1986:Issue 1,"Specfficgtion forP(*aster Insllrriorm Saworllninge 2. W1S 4-34.04 Mamb 1895:Issue 2,5priwon for Rowauon of Grd*Sewers by Lkdng iM Cured-in-Placa Pipes.' 3 BS EN 160178:1996,°Plastics-Determination or Hexural Properties-° 4, ASTM F 1216,'Standard Preatfoo for Rehabilitatloa of Ddsting Pipdnas and Condule by the Inversion and CiAng of a Resin-Impregnated Tuba." S. MTS Ponder Report 46204,Sepfambar 19.1991120-pear test) 6. Bodycafe Report 8110254,Novrember 16,2001{30-year Lest} Insitmbrm WorfW&PIPari eRekabNWIm 742 Spirit 40 Park Drhre Chesterfleld,MO 63005 A91307 Tall Free: 800-234-2992 sm Phone: 636-530-6000 ®20021rrsltuformTechnologios",Inc. FBX: 636.519-8010 Page 666 of 1037 N O L�7 O R .0 v 1 IX7 o N N � O 6 � G O p � R A e Page 667 of 1037 r ry 0 u'S cs re O H v A d y A M N fXl V ¢a m N m ax o tgg a N m q�q® M Bei ai [V i® M N � i ua r� m N � tmfl N N w0 w m W r ® w G tl' M m a iF r r Cb SBI lit 6 m N ti '- N N N N r N !` N cc fF+V H� O Page 668 of 1037 CZ CIL C3 O n CIT IN clr el, W7 N D U CD w C? m Lei ig IL w M LL C,4 04 U- LL U) tm a E Ico 12r CL LL 4) OC-34 in Wd a CY 9 i3 -a CA L2 2, cu 0 LL U- MU a) LL. -t s9! 07 r— Q 74, 0 C, 1100 0 s w Page 669 of 1037 m en O ryN 61 ci O N m t m Ln Nv 41 wi 6i cl� Ge cq m c%j N c%3 rw w w N m c N !F efl c— " - — oo Y m t% , i ttj -1 Ilk rL & o N N C-4 Lo ti mI Lj n, LL m 51 W 0 LL. fr o V ul o L9 N N o La 9 W N F da ops LL In m S 'S m corLp Nr nw LL �t -v I I,. 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WN U3 ■ Id, O Iv dD " N N (76 m tl' LLNS O W �i t15 C3 m ti m O N M c+5 m M tO h- h 4'1 'm m m m a1 W di C0 B3 C3N Page 675 of 1037 co = o a - o a� m 000000000000000000000000000000000000000 x 00000�oo00000000000000000��00��00��0000 a --------------------------------- --------------------------------------- r , y o u, .,—H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H �z z - mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm w o zsssssssssWWWsWWWWWWW�Wo NNN NNN NN.hhhh wpm oa_ wQo ------------ �ffff? N am ---------------------------------- --- - INVITATION TO BID FOR CURED-IN-PLACE PIPE LINING (CIPP) PALM BEACH LEISUREVILLE PHASE 5.2 ITB NO. 02-CIPP-18/TP BID OPENING DATE: May 21, 2018 BID OPENING TIME: 2:30 P.M. (LOCAL TIME) UTILITIES ADMINISTRATION BUILDING ol 7 INVITATION TO BID CURED-IN-PLACE PIPE LINING (CIPP) PALM BEACH LEISUREVILLE Phase 5.2 TABLE OF CONTENTS BIDDING REQUIREMENTS: Notice to Contractors...............................................................NTC-1 - NTC-3 Instruction to Bidders...............................................................IB-4- IB-15 General Conditions for Construction.............................................GC-16 -GC-66 Special Conditions...................................................................Section 01000-Section 02322 Technical Specifications............................................................Section 1 - Section 8 BID FORMS "ATTACHMENT A": Schedule of Bid Items.................................................................................BF 165— BF 168 Anti-Kickback Affidavit.................................................................................BF 169 Non-Collusion Affidavit of Respondent............................................................BF 170 Trench Safety Act Affidavit...........................................................................BF 171 Safety Program Compliance.........................................................................BF 172 Warranties................................................................................................BF 173—BF 174 Vendor Certification Regarding Scrutinized Companies Lists..............................BF 175 Schedule of Sub-Contractors .......................................................................BF 176 Local Business Status Certification................................................................BF 177 Statementof No Bid ..................................................................................BF 178 CONTRACT"ATTACHMENT B": DRAFT CONSTRUCTION CONTRACT(Subject to modification and final approval by City Attorney)...........................................................................C1-C6 ATTACHMENT"C": Performance Bond....................................................................................PFB-1 — PFB-3 PaymentBond.........................................................................................PYB-1 — PYB-3 Warrantyof Title.......................................................................................WT-1 Insurance Advisory Form............................................................................ APPENDIX"A": Phase5.2 GIS Maps.................................................................................. Phase 5.2 Pipe Segments........................................................................... PlansView Report...................................................................................... Standard Cleanout Installation...................................................................... When completed and executed, these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor,forms the Contract for this Project. Table of Contents 7 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 FAX (561)742-6316 INVITATION TO BID CURED-IN-PLACE PIPE LINING (CIPP) PALM BEACH LEISUREVILLE PHASE 5.2 ITB 02-CIPP-18/TP NOTICE TO PRE-QUALIFIED CONTRACTORS Bid submittals will be received in the City of Boynton Beach, UTILITIES DEPARTMENT, 124 E. Woolbright Road, Boynton Beach, Florida 33435 on or before: May 21, 2018, No later than 2:30 P. M. (Local Time). One (1) original, of the response shall be submitted in one sealed package clearly marked on the outside: "Cured-In-Place Pipe Lining (CIPP)" ITB 02-CIPP-18/TP and addressed to: City of Boynton Beach Utilities, Attention: Taralyn Pratt, 124 E. Woolbright Road, Boynton Beach, Florida 33435. Bids received after the assigned date and time will NOT be considered. The received time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Scope of Work: The City of Boynton Beach is seeking Bids from the vendors pre-qualified as a result of Request For Qualifications No. 057-2821-16/TP — Cured in Place Pipe Lining for the installation of cured- in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of a hydrostatic head. Rehabilitations will be made to the City's Wastewater System and generally consist of, but are not limited to performing cleaning the existing sewer gravity mains and service laterals; an internal pre-rehabilitation closed circuit television (CCTV) inspection; furnishing and installing a cured-in- place pipe (CIPP) mainline liner; reconnection installing cleanout and lining and grouting of existing service laterals; obtaining material field samples for testing; preparation of inspection reports; and, performing internal closed circuit television (CCTV) post-rehabilitation final inspections. The work also includes, but is not limited to furnishing all labor, materials, equipment, Boynton Beach Utilities—Cured-In—Place Pipe Lining (CIPP) NTC Page 6:79 of i 7 maintenance of traffic, by-pass pumping, removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. All work will be completed in accordance to the technical specifications. THE BIDDER IS ADVISED THAT THIS CONTRACT REQUIRES WORK IN ACTIVE WASTEWATER COLLECTION SYSTEMS AND SHALL FOLLOW ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR SAFETY IN CONFINED SPACES. THE AWARDED CONTRACTOR SHALL CONFORM TO ALL GUIDELINES BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) FEDERAL REGULATIONS; 29 CFR Chapter XVII, SECTION 1910.146-CONFINED SPACE ENTRY. BACKGROUND The City of Boynton Beach developed an extensive Infiltration and Inflow (I&I) program in 2006 to identify structural deficiencies associated with the sewer gravity lines and manholes, to reduce treatment and maintenance costs and to operate an efficient wastewater system. A total of approximately 354,000 linear feet was cleaned, televised and graded based on the severity of anticipated repairs. The program was divided into five (5) phases; Phase I through Phase IV were completed between 2006 and 2010. Phase V, the final phase of the City's current I&I Project, encompasses approximately 38,457 linear feet of sanitary sewer gravity mains ranging from 8-inches to 24-inches in diameter. It is the intention of the City to request approval by the City Commission and award a contract to the most responsive, responsible CIPP contractor whose bid is in the best interest of the City. The initial Purchase Order will be issued thereafter to the awarded Contractor for the Scope of Work required to complete Phase V; the value of the Purchase Order will be based on line item pricing established in this Invitation to Bid. The City will continue progressive maintenance inspections to locate troubled areas in need of rehabilitation; future Scopes of Work will be determined using CCTV inspection reports and other factors such as immediate rehabilitation action due to pipe failures. The scope of work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Technical Specifications and project drawings, which are hereby not listed in any order of precedence. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty(30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. Boynton Beach Utilities—Cured-In—Place Pipe Lining (CIPP) NTC 2 Page 688 of 18"'7 A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item(s) or portion(s) of this Bid should be directed to Taralyn Pratt, Contract Coordinator, (561) 742-6447, pratttp_bbfl.us with Office Hours: MONDAY — FRIDAY, 8:00 A.M. TO 4:30 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD Director of Financial Services Assistant City Manager -Administration Boynton Beach Utilities—Cured-In—Place Pipe Lining (CIPP) NTC 3 page 6A4 ,f. 7 INSTRUCTIONS TO BIDDERS These documents constitute the complete set of General Conditions, Specifications and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall contain Bidder's name, return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid, the Bidder agrees to all terms and conditions specified herein. NO EXCEPTIONS TO THE TERMS AND CONDITIONS SHALL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected at the option of the CITY. The CITY reserves the right to waive technical defects in any Bid. As used in this Invitation to Bid, the words Bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean Bidder. The low monetary bid will not in all cases be awarded the contract or purchase order. Contracts or purchase orders will be awarded by the city to the most responsive, responsible bidder whose bid is in the best interest of the city. Evaluation of bids will be made based upon the evaluation factors and standards theretofore set forth in the instruction to bidders. The city reserves the right to reject any and all bids and to waive technical errors as heretofore set forth. In the event of a court challenge to an award by any bidder, damages, if any, resulting from an improper award will be limited to actual bid preparation costs incurred by the challenging bidder. By submitting a bid, bidder acknowledges this limitation on damages and recovery in the event of a protest or legal action challenging the award of bid. 1. DEFINED TERMS: Terms used in these Instructions to Bidders have the meanings assigned to them in the City of Boynton Beach, Standard General Conditions of the Construction Contract. Complete sets of Bid documents shall be used in preparing Bids. Neither CITY nor CONSULTANT assumes or disclaims any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. EXECUTION OF BID: Bid must contain a manual signature in ink, of an authorized representative who has the legal ability to bind the Bidder to contractual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the bid document must be initialed in ink. 4. NO BID: If not submitting a Bid, respond by returning one (1) copy of the "STATEMENT OF NO BID" and explain the reason by indicating as per reasons listed or in the space provided. Repeated failure to quote without sufficient justification may be cause for removal of the vendor's information from the City's mailing list. 5. BID SUBMISSION: It is the Bidder's responsibility to read and understand the requirements of this Bid. Bids shall be submitted to the Procurement Services Division. All Bids must be accompanied by the Bid Security(if required)and all other required documents. The Bid opening may be delayed at the sole discretion of the City. Under no circumstances shall Bids delivered after the Bid opening specified time has begun be considered and as such, Bids will be returned unopened. It is the Bidder's sole responsibility to assure that the Bid is delivered at the proper time and place prior to the Bid deadline. Offers by facsimile, telegram, or telephone are not acceptable.A Bid may NOT be altered by the Bidder after opening of the Bids. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) I B 4 Page 682 ol 7 The Bidder is requested to submit one (1) original, of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the Bidding firm by his/her signature. In the case of corrections, the Bidder must initial any erasures or alterations in ink. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. 7. BID SECURITY: A five percent (5%) Bid Bond IS NOT REQUIRED FOR THIS BID. Individual project values cannot be determined until time of need as specified by the City. A Purchase Order will be issued for all projects and serve as a Contract between the Contractor and the City. A one hundred percent (100%) Payment and Performance Bond is required when an individual project value exceeds$75,000. Upon receipt of an Award Letter with the contract agreement for a purchase order, Bidder shall enter into a Contract and/or accept the purchase order with the CITY and furnish the necessary documents, including but not limited to: insurance certificates, performance and payment bonds in the amount total to the awarded contract amount. The Attorney-in-Fact who signs the bond must file with the bond a current proof of appointment as Attorney-in-Fact. The Bid deposit/security of the Successful Bidder shall be retained until such Bidder been awarded a binding Contract or Purchase Order or Contract Security whereupon the Bid security shall be returned if applicable. If the apparent Successful Bidder fails to execute a contract within ten (10) calendar days after receipt of the Award letter which is issued prior to the CITY's award of purchase order or contract,the CITY may annul such Award Letter, and the security of that Bidder shall be forfeited and retained by the CITY. The CITY may then recommend to acceptance of the Bid of the next lowest responsive, responsible Bidder, or to re-advertise for Bids. If the Bid of the next lowest, responsible Bidder is accepted,this acceptance shall bind such Bidder as though it was the original successful Bidder. There shall be no binding contract until the CITY executes the Contractor issued the Purchase Order as the final award of the contract. The Bid Security of other Bidder's whom the CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Purchase Order or Contract, or the ninety-first day after the Bid Opening. The Bid Security furnished by non- awarded vendors will be returned. Bid Security with Bids which are not competitive or responsive shall be returned upon award of the Bid. 8. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress,or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) I B 5 Page 689 of 7 Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas. 9. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25%of the contract price. Performance and Payment Bonds are required only when individual projects, identified by the City on an "AS NEEDED BASIS"exceed $75,000.00. 10.SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty(30)calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. 11.BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety(90) days after the date of the Bid sole discretion, release any Bid and return the Bid Security prior to that start date. 12.MODIFICATIONS OF BIDS: Bids may be modified by an appropriate document duly executed (in the same manner that the Bid must be executed) and delivered to the place where the Bids are to be submitted at any time prior to the solicitation closing date and time. The Bidder must present certification to assure that they are indeed an authorized representative of the Bidder's firm at the time modification to the Bid is presented. 13.WITHDRAWAL OF BIDS: All Bids shall be irrevocable unless the Bid is withdrawn as provided herein. All Bids may be withdrawn only by written communication delivered to the Procurement Services Division prior to the solicitation closing date and time. The Bidder must present certification to assure that they are an authorized representative of the Bidder's firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid. However, if within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the CITY and promptly thereafter provides detailed information to substantiate to the CITY that there was a material and substantial mistake in the preparation of its Bid, Bidder may withdraw its Bid, and the Bid Security will be returned. The Bidder must present certification to assure that the Bidder is an authorized representative of the Bidder's firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid and Bid Security. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Bid Documents. 14.AWARD OF CONTRACT: If a Contract is awarded, it shall be awarded to the lowest responsive and responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose Bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) IB 6 Page 684 of 7 capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference, the character, integrity, reputation,judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance of the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the Bid. The lowest bid amount is not a guarantee that a particular Bidder will be selected. In addition, when considering the qualifications of the Bidders, the CITY shall consider whether the Bids comply with the prescribed requirements, alternate, unit prices and other data as requested on the Bid Forms prior to issuance of an Award Letter. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. In addition, discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In addition, the CITY may require the apparent successful Bidder to submit an itemized cost estimate breakdown for the submitted Bid, if the Schedule of Bid Prices does not provide such information. The CITY may conduct such investigations, as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to the CITY's satisfaction within the prescribed time. The CITY reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to the CITY's satisfaction. The CITY may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items or materials, services or equipment) proposed for those portions of the Work as to which the identity of subcontractors and other persons and organizations must be submitted. Time of Completion may also be an award evaluation factor. The CITY may also consider the operating costs, maintenance, requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the notice of award. Failure to fill out forms completely, indicating compliance for deviation for each item may be used as reason for rejection of the Bid. NO AWARD SHALL BE DEEMED FINAL AND ALL SUCH AWARDS SHALL BE DEEMED CONDITIONAL UNTIL THE PARTIES SHALL HAVE FULLY EXECUTED THE AGREEMENT(S) CONTEMPLATED HEREIN, AND A FULLY EXECUTED AGREEMENT HAS BEEN RETURNED TO THE BIDDER, OR A PURCHASE ORDER HAS BEEN ISSUED BY THE CITY COMMISSION OR DESIGNEE TO THE BIDDER. NO BIDDER SHALL BE ENTITLED TO RELY ON ANY ANNOUNCEMENT OF AN AWARD, AND THE CITY SHALL IN NO WAY BE ESTOPPED IN THE REVOCATION OF AN AWARD PREVIOUSLY GRANTED. 15.RIGHTS OF THE CITY: The CITY expressly reserves if in its best interest to include but not limited to: ➢ Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Bidder; ➢ Waive any defect, irregularity or informality in any Bid or Bidding procedure; ➢ Rejector cancel any or all Bids; ➢ Extend the bid deadline time and date; ➢ Accept any Bid or combination of Bid alternates that in the CITY's judgment shall serve the CITY's best interest; ➢ Make multiple awards; ➢ Disregard all nonconforming, non- responsive, unbalanced,or conditional Bids or counter proposals. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) IB 7 Page 685 of 7 ➢ Request additional quantities of the Bid product or services at the prices bid in the solicitation with exception if specifically noted, "BID IS FOR SPECIFIED QUANTITY ONLY", decrease the quantity specified in the Invitation to Bid, or completely eliminate any items of the Work listed in the Bid Form in order that the Work can be completed within the amount of available funds; ➢ Consider and accept an alternate Bid as provided herein when most advantageous to the CITY. 16.REJECTION OF BIDS: The CITY reserves the right to reject any or all Bids, to waive technical errors, to accept a portion of any Bids that are deemed the most advantageous to the CITY. In determining the "most advantageous Bid"; price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; purchase price; life expectancy; cost of maintenance and operations; operating efficiency, training requirements; disposal value; and other matters contributing to the over acquisition cost of an item. Considerations may be given, but are not necessarily limited to conformity to the specifications including timely delivery; product warranty; a Bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the CITY or other governmental entities. In an effort to efficiently advance the submitted Bids for administrative review, the CITY reserves the right to reject all but the three (3) lowest Bids when evaluating the submitted Bids. 17.BID TABULATION: Pursuant to Florida Statute 119, sealed Bids or Proposals received by an agency pursuant to Invitation to Bid or Request for Proposals are exempt from public records disclosure until the agency provides notice of a decision or intended decision, or within thirty(30) days after bid/proposal opening/closing,whichever is earlier. 18.PRICES: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 19.DELIVERY: If required by the CITY, all items shall be delivered F.O.B. Destination to a specific address. All delivery costs and charges must be included in the Bid price. The CITY reserves the right to cancel orders or any part thereof without obligation, if the delivery is not made at the time specified in the Bid. 20.MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, Bid prices, extensions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed by the Contract. In the event of extension error, the unit price shall prevail and the Bidder's total offer shall be corrected accordingly. Erasures or corrections on Bids must be initialed in ink bythe Bidder. 21.INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) IB 7 All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1)copy and: ➢ Contain the Bidder's Federal Employer Identification Number. ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or"final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contractor Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order documentto be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 22.ADDENDA: From time to time, the CITY may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. The CITY reserves the right to amend this Bid prior to Bid opening.Written addenda shall serve as the sole means of clarification. The CITY shall not be responsible for oral interpretations given by any CITY employee or its representative. 23.INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; Bidder shall submit a written request to the CITY's Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence"for more details. 25.BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 26.PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 27.CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) IB 9 Page 68:7 of 1 7 28.ADVERTISING: In submitting a Bid, the Bidder agrees not to use the results therefrom as a part of any commercial advertising. 30.DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Bids which the prices obviously are unbalanced shall be subject to review and/or rejection. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.37 of the Instruction to Bidders, "Public Entity Crimes." d. Not completing the Bid Submittal Form as required. 31.SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 32.ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments changes or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued through the CITY's Procurement Services Division. 33.REJECTION: The right is reserved to reject any and all Bids or to accept the one deemed by the CITY to be the most advantageous. 34.DEFINITION OF TERMS: Terms used in the Invitation to Bid shall have the meanings assigned to them in the industry in the subject matter of the Bid, unless otherwise specified in the Bid documents. 37.PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six (36) months. 38.SCRUTINIZED COMPANIES LISTS: Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a Contract for goods or services of$1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. Bid responses of$1 million or more must include the attached Scrutinized Companies Lists form to certify that the respondent is not on either of those lists 39.TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt.The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) I B 10 7 exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 38.PUBLIC RECORDS:Any material submitted in response to this Invitation to Bid shall become a public record pursuant to Florida Statutes § 119.07. This includes material that the responding Bidder might consider confidential or a trade secret. Any claim of confidentiality is waived upon submission,effective after opening of Bids pursuant to Chapter 119, Florida Statutes. However, certain exemptions to the public records law are statutorily provided for in Florida Statutes § 119.07. If the Bidder believes any of the information contained in its Bid response is exempt from the Public Records Law, then the Bidder must specifically identify in the response, the material(s) which is deemed exempt and cite the legal authority for such exemption. The CITY's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the CITY and the CITY's officers, employees, and agents against any loss or damages by any person or entity as a result of the CITY's treatment of records as public record. 39.ANTI-DISCRIMINATION: The Bidder certifies that it is in compliance with the non- discrimination laws relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin. The provisions of the American Disabilities Act of 1990 pertaining to employment shall also be applicable. As defined by Chapter 760, Florida Statutes, the Bidder shall not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, age, handicap or marital status in the solicitation, selection, hiring, or treatment of subcontractors,vendors, suppliers,or commercial customers. Bidder shall provide equal opportunity for sub-contractors to participate in all of its public and private sector subcontracting opportunities. Bidder understands and agrees that violation of this clause is a material breach of the contact and may result in contract termination, debarment,or other sanctions. 40.ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 41.COST OF BID: Costs, either direct or indirect, incurred by the Bidder in the preparation,delivery, or for any other reason associated with the submittal of this Bid is solely the responsibility of the Bidder and not the CITY, and shall not to be charged to the CITY. 42.LICENSES AND PERMITS: It shall be the responsibility of the successful Bidder to obtain all licenses and permits, if required, to complete the services at no additional cost to the CITY. Licenses and permits shall be readily available for review by the Director of Financial Services and City inspectors. 43.SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the CITY. If a sample is requested, it must be delivered within ten (10) days of the request, unless otherwise stated in the Bid. Each sample must be marked with the Bidder's name and manufacturer's brand name. The CITY will not be responsible for returning samples. The CITY may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 44.DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CITY shall be final and binding upon both parties. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) I B 1 1 Page 689 of 7 45.ASSIGNMENT: The successful Bidder shall not subcontract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent to the CITY. 46.UNBALANCED BID: Bids that are judged mathematically or materially unbalanced shall be cause for the Bid to be rejected as non-responsive. 47.MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid.The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 48.SALES TAX: All materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes. 49.ANTI-KICKBACK AFFIDAVIT: Bidders are required to complete the Anti-Kickback Affidavit Form enclosed herein, attesting that no member of their firm has been engaged in any activity resulting in payment for actions such as: commission, kickback, or reward for gift. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 50.NON-COLLUSION: Bidder certifies that it has not divulged, discussed, or compared its Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. (Note: Premiums, rebates or gratuities are not permitted with, prior to, or after any delivery of material.) Any such violation shall result in the cancellation and/or return of materials (as applicable) as being non- conforming and removal from the CITY's Bid list(s). Each Bidder shall complete the Non-Collusion Affidavit and shall submit with the Bid/Proposal. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 51.DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 52.INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 53.FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the agreement, the project, the equipment and the services provided to the CITY. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. Irregularity, and may be cause for rejection of the Proposal. 54.RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami-Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 55.PALM BEACH COUNTY INSPECTOR GENERAL: The Successful Bidder shall be aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and in furtherance thereof, may demand and obtain records and testimony from the Successful Bidder and its subcontractors and lower tier subcontractors. The Successful Bidder understand and agrees that in addition to all other remedies and consequences provided by law, the failure of the Successful Bidder or its subcontractors Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) I B 12 Pam 6988 -6 4 RA 7 or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the CITY to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the Bid/Proposal. The CITY considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 56.FLORIDA' S PUBLIC RECORDS LAW: The City is a public agency subject to Chapter 119, Florida Statues. 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, Florida Statute or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the City, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (CITY CLERK) 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 57.PROJECT MANAGEMENT REQUIREMENTS: A. This project will utilize an internet-based project management tool called e-Builder EnterpriseTM This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. B. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e-Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor in providing training to their personnel. C. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) I B 7 Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non- Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM 58.ELECTRONIC FILE REQUIREMENTS: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents,the Contractor and Subcontractors shall also submit all closeout documents including all "As-Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Abode Acrobat (.PDF)file format and uploaded to e-Builder EnterpriseTM The As-Built Drawings shall also be submitted in AutoCAD (.DWG)format. 59.E-BUILDER IMPLEMENTATION REQUIREMENTS: e-Builder Enterprise TM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Engineer, and Owner. e-Builder EnterpriseTM1 includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use. • Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. • Comm un e-Builder provides electronic routable communication forms that provide historical tracking, documentation,and increased accountability of project members. • Project C�: Meetings will be scheduled and maintained centrally on e-Builder Enterprise • Reportina: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user.All reports can be exported to Excel for added flexibility. 60.E-BUILDER LICENSING REQUIREMENTS: e-Builder Enterprise TM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e-Builder Enterprise TM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e-Builder Enterprise TM software and documents which are maintained in state-of-the-art data centers located throughout the United States. • Quarterly e-Builder Enterprise TM software enhancements • Unlimited phone, email and web based support 24-hours: The City of Boynton Beach has an e-Builder EnterpriseTM License and will provide the selected General Contractorwith a limited number of user licenses for the duration of the project.The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from e-Builder directly at the contractors own cost. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) IB 14 Page 692 of 1881 7 64.LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00),whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. END OF INSTRUCTION TO BIDDERS Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) IB 15 Page 699 of 7 0 TABLE OF CONTENTS Article TITLE Article TITLE COVER 6.17 Responsibility for Connecting to Existing TABLE OF CONTENTS Work 1. DEFINITIONS 6.18 Work in Street, Highway or Other Rights- 2. PRELIMINARY MATTERS of-Way 2.1 Delivery of Bonds and Insurance 6.19 Cooperation with Governmental Certificates Departments,Public Utilities, Etc. 2.2 Copies of Documents 6.20 Use of Premises 2.3 Notice to Proceed 6.21 Protection of Existing Property 2.4 Starting the Work Improvements 2.5 Pre-Construction Conference 6.22 Temporary Heat 2.6 Site Mobilization Meeting 6.23 Schedule 2.7 Progress Meeting 6.24 Continuing the Work 2.8 Pre-Installation Meeting 6.25 Contractor's General Warranty and 2.9 Finalizing Scheduling Guarantee 2.10 Submittals 6.26 Deletion/Oversight/Misstatement 3. CONTRACT DOCUMENTS 6.27 Exceptions to Specifications 3.1 Intent 6.28 Silence of Specifications 3.2 References to Standards 6.29 Quality 3.3 Review of Contract Documents 6.30 Conditions of Materials 3.4 Order of Preference 6.31 Disposal 3.5 Amending Contract Documents 6.32 Occupational Safety and Health 3.6 Reuse of Documents 6.33 O.S.H.A. 4. SITE OF WORK 6.34 Conditions and Packaging 4.1 Availability of Lands 6.35 Underwriters Laboratories 4.2 Reports of Physical Conditions 6.36 Asbestos 4.3 Physical Conditions - Underground 6.37 Closeout Submittals Facilities 6.38 Temporary Barriers and Enclosures 4.4 Differing Site Conditions 6.39 Environmental Controls 4.5 Reference Points 6.40 Security Procedures 5. BONDS AND INSURANCE 6.41 Product Substitution Procedures 5.1 Bonds 6.42 Field Samples 5.2 Insurance 7. OTHER WORK 6. CONTRACTOR'S RESPONSIBILITIES 7.1 Related Work on Site 6.1 Contractor Status 7.2 Coordination 6.2 Contractor Risk 8. CITY'S RESPONSIBILITIES 6.3 Supervision and Superintendence 8.1 Communications 6.4 Labor, Material and Equipment 8.2 Furnish Data 6.5 Concerning Subcontractors 8.3 Payments 6.6 Patent, Fees and Royalties 8.4 Lands, Easements,and Surveys 6.7 Permits,Laws and Regulations 8.5 Change Orders 6.8 Taxes 8.6 Suspension of WORK 6.9 Record Documents/Right to Audit 8.7 Estimated Dollar Value 6.10 Safety, Protection and Emergencies 8.8 Quantities 6.11 Shop Drawings and Samples 8.9 Additional Terms and Conditions 6.12 Site Clean-up 9. CONSULTANT'S STATUS DURING 6.13 Public Convenience and Safety CONSTRUCTION 6.14 Sanitary Provisions 9.1 CITY'S Representative 6.15 Indemnification 9.2 Visits to Site 6.16 Claims 9.3 Project Representation 9.4 Clarifications and Interpretations Boynton Beach Utilities-Cured-In-Place Pipe Lining(Cl PP) 16 TOC-GENERAL CONDITIONS 7 Article Article TITLE No. TITLE No. 9.5 Measurements 15. SUSPENSION OF WORK AND 9.6 Rejecting Defective Work TERMINATION 9.7 Shop Drawings, Change Orders, and 15.1 CITY May Suspend WORK Payments 15.2 CITY May Terminate for Cause 9.8 Determination for Unit Prices 15.3 CITY May Terminate Without Cause 15.4 Removal of Equipment 9.9 Decisions on Disputes 15.5 Contractor May Stop WORK or 9.10 Inspections and Testing Terminate 9.11 Limitations on CONSULTANT 16. DISPUTE RESOLUTION 10. CHANGES IN WORK 16.1 Good Faith Effort 10.1 Authorized Changes 16.2 Mediation 10.2 Unauthorized Changes 17. MISCELLANEOUS 10.3 Execution of Field Change Order/Change 17.1 Giving Notice Order 11. CHANGE OF CONTRACT PRICE 17.2 Computation of Time 17.3 Notice of Claims 11.1 General 17.4 Cumulative Remedies 11.2 Costthe WORK 17.5 Accident and Prevention 11.3 Contractor's Fee 17.6 Florida Products and Labor 11.4 Cash Allowances 17.7 Employees 11.5 Unit Price WORK 17.8 Non-Discrimination 11.6 Omitted WORK 17.9 Drug-Free Workplace 12. CHANGE OF CONTRACT TIME 17.10 Public Entity Crimes 12.1 General 17.11 Assignment 12.2 Liquidated Damages 17.12 Venue 12.3 Reimbursement of Consultant Expenses 17.13 Funding Out 13. TEST AND INSPECTIONS: CORRECTION REMOVAL OR 17.14 CITY'S Purchasing Card ACCEPTANCCOF DEFECTIVE WORK 17.15 Debarment 13.1 Notice of Defects 17.16 Requirements for Personnel Entering 13.2 Access to WORK CITY'S property 13.3 Tests and Inspections 17.17 Product Recall 13.4 Uncovering WORK 17.18 Rights to Bid Documents 13.5 CITY May Stop the WORK 17.19 Severability 13.6 Correction or Removal of Defective 17.20 Verification of Employment Status WORK 17.21 Abbreviations and Symbols 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Reduction of Retainage Procedures Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) TOC-GENERAL CONDITIONS 17 Page 695 OF 7 ARTICLE 1—DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issuec prior to the opening of Bids which clarify,correct,or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form acceptec by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter:The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the corcitiors precedent erumeratec with the awarc letter,within the time specified,the CITY may enter into a Contract. 1.5 Bid:The offer of the BIDDER submitted on the prescribec form setting forth the prices of the Work. 1.6 Bidder:Any person,firm or corporation submitting a Bic for the Work cirectly to the CITY. 1.7 Bid Documents:Includes the Invitation to Bic,Instructions to Bidcers,Bid Form,and proposed Contract Documents(including all Addenda issued prior to receipt of Bids). 1.8 Bonds:Bid,performance arc payment boncs anc other instruments of security,furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order:A written orcer to the CONTRACTOR executec by the CITY,CONSULTANT,and CONTRACTOR authorizing an addition,deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4"Clarifications and Interpretations"or orders minor changes in the Work in accordance with para.10.1"Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florica, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has enterec into the agreement and for whom the Work is to be provided.The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons cesignatec by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant:The person,firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work ertrustec to them at the CITY. 1.13 Consultant's Representative: An authorizec representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signec anc sealed by the CONSULTANT. The Conformec Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents:The Contract Documents establishing the rights anc obligations of the parties and include the Contract,Contract/Bid,Addenda, CONTRACTOR's Bid (irclucirg documentation accompanying the Bic and any post Bid documentation submitted prior to the notice of award,when attachec as an exhibit to the Contract,the Notice to Proceec,the Boncs,these General Conditions,the Supplementary Conditions,Special Conditions, anc the Drawings as the same are more specifically icentifiec in the Contract,together shall all Written Amendments,Change Orders,Field Change Orders (change orcers as a result of Fielc changes),and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approvec Shop Drawings anc the reports and crawings of subsurface and physical conditions are not Contract Documents. Only printed or harc copies of the items listec in this paragraph are Contract Documents.Files in electronic media format or text,data,graphics,and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price:The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time:The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR:The irdivicual,partnership,corporation,joint venture,or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY:A calendar day of 24 hours measured from micnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the recuiremerts of any inspection,reference standard,test or approval referrec to in the Contract Documents,or Work that has been damaged prior to the CONSULTANT's recommercation of final payment. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) GC 18 ago of 7 1.22 Drawings:The crawings,plans,maps,profiles,diagrams,and other graphic representations which show character,location,nature,extent and scope of the Work,which have been prepared or approved by CONSULTANT anc are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as ceftned in this paragraph. 1.23 Effective Date of the Contract: The cate incicatec in the Contract,but if no such date is indicated, it means the last date on which the Contract is signec by the last of all parties to execute the Contract. 1.24 Field Order: A written order issuec by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements:See General Conditions anc Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations;Laws or Regulations: Laws,rules,codes,regulations,ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws anc Regulations,either federal,state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed:The written notice issuec by the CITY,or its agents,to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work anc establishing the cate of commencement of the Contract Time,anc the date the Contract Work to be completed. 1.29 Partial Utilization:Placing a portion of the Work in service for the purpose for which it is intended(or a related purpose)before reaching Substantial Completion for all the Work. 1.30 Project:The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative:The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder,Offeror,Quoter,or Respondent:An incividual or business that has submitted a bid, offer, proposal, quotation,or response, which has the capability in all respects to perform fully the Contract recuirements,and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent,Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation,or response,which conforms in all material respects to the solicitation,including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings: All crawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product,material,system or installation cepicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Fielc Order or Change Order or any other modification of the Contract Documents,and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When includec as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take prececence over the General Conditions. 1.36 Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems, stancares or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub-Bidder:One who submits a Bid to a Bicder. 1.38 Sub-Contractor: An indivicual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion:For purposes of this Contract,and for compliance of those procedures,duties and obligations as set forth in Florida Statutes §218.70 and§218.735,the term Substantial Completion shall be as follows,in lieu of any other definition: a. "Substantial Completion" is cefinec as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety anc regulatory use,with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Acditional conditions(if any)needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is consicered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest,cualifiec,responsible and responsive Bicder to whom the CITY(on the basis of the CITY's evaluation as hereinafter proviced)makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier:A manufacturer,fabricator,supplier,distributor,material man,or vendor. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 19 Page 69:7 of 7 1.43 Surety:The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bic containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bicder's anticipated profit,overhead costs,and other indirect costs. b. Materially Unbalanced Bid:a bic which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bic will result in the lowest ultimate cost to the CITY,or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work:Work to be paic for on the basis of unit prices. 1.46 Utilities:All pipelines,concuits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed uncergrounc or above ground to furnish any of the following services or materials:electricity,gases, steam,liquid petroleum,telephone,or other communications,cable television,water supply or distribution,sewage and drainage removal,traffic or other control systems. 1.47 Work:Any and all obligations, cuties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/CONTRACTOR under the Contract Documents, inclucing all labor, materials,equipment, and other incidentals, and the furnished thereof. 1.48 Written Amendment:A written amendment of the Contract Documents,signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2—PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Boncs anc Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accorcance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy(unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed,but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before uncertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents anc check anc verify pertinent figures shown thereon and all applicable field measurements.CONTRACTOR shall promptly report in writing to CONSULTANT any conflict,error,ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE-CONSTRUCTION MEETING: 2.5.1 The CONTRACTOR is recuired to attenc a preconstruction meeting within ten(10)days after the effective date of the Contract,but before any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT anc others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop crawings submittals, obtaining permits and Plan of Operation and Critical Path Method (CPM)Schedule shall be reviewec anc finalized. As a minimum,the CONTRACTOR's representatives should include its project manager anc schecule expert. If the submittals are not finalized at the end of the meeting,additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre-construction meeting. 2.5.3.1 Attencance Required:CITY's Project Manager,CONSULTANT,and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda.Distribution of Conformed Contract Documents,Confirmation based on prior submission(during Bid process)of the list of Subcontractors,list of Products,Project Safety Plan,Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 20 Page 698 of 7 2.5.3.4 Procedures anc processing of fielc cecisions,submittals,substitutions,applications for payments,proposal requests,Change Orders,and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Recuest,Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will be distributec. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schecule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attencance Recuirec:CITY,CONSULTANT,Special Consultants,and CONTRACTOR,CONTRACTOR's superintendent,and major Sub-Contractors. 2.6.3 Agenca: 2.6.3.1 Use of premises by CITY anc CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provicec by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security anc housekeeping procedures. 2.6.2.6 Schecules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining recorc documents. 2.6.2.10 Requirements for start-up of ecuipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes anc distribute copies within two(2)days after meeting to participants,with copies to all, participants including CONTRACTOR,anc those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schecule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants,anc preside at meetings. 2.7.2 Attencance Required:Job superintendent,major Sub-Contractors and suppliers,CITY,CONSULTANT,as appropriate to agenda topics for each meeting. 2.7.3 Agenca: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations,problems and decisions. 2.7.3.4 Icentification of problems that impeced plannec progress. 2.7.3.5 Review of submittal,schedule and status of submittals. 2.7.3.6 Review of off-site fabrication anc delivery schecules. 2.7.3.7 Maintenance of progress schecule. 2.7.3.8 Corrective measures to regain projected schecules. 2.7.3.9 Plannec progress during succeeding work pericc. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance anc cuality of work standards. 2.7.3.12 Effect of proposec changes on progress schedule anc coordination. 2.7.3.13 Other business relatec to work. 2.7.3.14 Record minutes and distribute copies within two(2)days after meeting to participants,with copies to CONSULTANT,CITY,and those affected by decisions made. 2.8 PRE-INSTALLATION MEETING: 2.8.1 When required in indivicual specification section,convene a pre-installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties cirectly affecting,or affected by,work of the specific section. 2.8.3 Notify CITY anc CONSULTANT five(5)working days in advance of meeting date. 2.8.4 Prepare agenda anc presice at meeting. 2.8.5 Review concitions of installation,preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three (3)days after meeting to participants with copies to CONSULTANT, CITY and those affected by decisions made. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 21 Page 699 7 2.9 FINALIZING SCHEDULES. 2.9.1 Within ten (10) days of receiving the Notice to Proceec, the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalizec progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as provicirg a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form arc substance. 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK: Acministrative anc procedural recuirements for processing of submittals during construction process. Submittals may ircluce the following. a) Proposed Procucts Lists b) Proposed Vencor List c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation,Handing anc Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheculing of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation anc Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handing Recuirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES-GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Icentify project, CONTRACTOR, Sub-Contractor or supplier pertinent drawing and detail number, and specification section number,as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, acjacent construction work, anc coorcination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schecule submittals to expecite the Project, anc delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review,allow fifteen(15)days including delivery time to and from the CONTRACTOR. 2.10.3.8 Icentify variations from Contract Documents anc product or system limitations, which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR anc CONSULTANT review stamps. 2.10.3.10 When revisec for resubmission,identify all changes made since previous submission. 2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with recuirements. 2.10.3.12 Submittals not recuestec will not be recognizec or processed. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 22 Page ;788 OF 7 2.10.4 PRODUCT DATA 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review, provice copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740"Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information: 2.10.4.2.1 Submittal for CONSULTANT's knowlecge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out: 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit requirec number of copies as per CONTRACTOR/CM,plus two(2)copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable procucts,mccels,options and other data. 2.10.4.6 Supplement manufacturers'standarc data to provice information unique to project. 2.10.4.7 Indicate product utility anc electrical characteristics,utility connection requirements,and location of utility outlets for service for functional ecuipment anc appliances. 2.10.4.8 After review, distribute in accord with Submittal Procecures article above and provide copies for Record Documents described in the Special Conditions 01740"Project Documentation anc Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one(1)copy of Building Permit,Site Permits,Environmental Permits,or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specifiec, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to CONSULTANT,in quantities specifiec for Product Data. 2.10.5.3.2 Indicate material or Procuct conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date,affidavits,anc certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product,but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specifiec,submit printec instructions for delivery,storage,assembly,installation,start-up,adjusting,and finishing, to CONSULTANT for celivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procecures,perimeter conditions requiring special attention,and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control anc Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Fielc Reports: 2.10.5.5.1 Submit reports to CONSULTANT anc CITY's Project Manager. 2.10.5.5.2 Submit report within ten(10)days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit crawingsto CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3—USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary:what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County,Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work,functionally complete,to be constructed in accordance with the Contract Documents. Any labor,cocumentation,services,materials,or ecuipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being recuired to produce the intended result shall be provided whether or not specifically called for. oyn on beacn Utilities—Cured-In—Place Pipe Lining age 701 of 1037 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to stancard specifications,manuals or codes of any technical society,organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual,code or Laws or Regulations in effect at the time of opening of Bics,except as may be otherwise specifically stated. However,no provision of any referencec stancard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents)shall be effective to change the cuties or responsibilities of the CITY,CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANT,or CONSULTANT's agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof anc consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid anc Bid Bonds 3.3.1.3 Bic Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Biccers 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Acdenda 3.3.1.10 Recorced Public Construction Performance anc Payment Bond in a form supplied by the CITY,which shall be provided to the CITY by the CONTRACTOR,along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bonc. 3.3.1.11 Insurance Certificates shall be proviced by the CONTRACTOR,along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications,inclucing change orcers,duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for culy authorizec anc executec Modifications inclucing but not limited to change orders and contract amendments,any conflict between the terms anc conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR fincs a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: 1. Change Orcer 2. Construction Contract or Purchase Order. 3. Acdenda,with later date having greater priority. 4. Bic Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bicders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles anc divisions of these Contract Documents constitute no part of the context and hereof,but are only labels to assist in locating anc reading the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents,the following descencing orcer of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings,the orcer of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail crawings govern over general crawings. 3. Acdenda/Change Orcer drawings govern over any other crawings. 4. Drawings govern over standarc drawings. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 24 Page :782 of 1 7 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methocs indicatec in paragraph 3.5(Amending of Contract Documents),the provisions of the Contract Documents shall take prececence in resolving any conflict,error,ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standarc,specifications,manual,code or instruction(whether or not specifically incorporated by reference in the Contract Documents),or 2. The provisions of any such Law or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY,CONTRACTOR or CONSULTANT,or any of their Sub-Contractors,agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any cuty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amencec to provice for additions, deletions and revisions in the Work or to modify the terms and concitions thereof by a Change Order(pursuant to Article 10,Changes in Work). 3.5.2 Acditionally,the recuirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized,in one or more of the following ways: 3.5.2.1 A Change Order(pursuant to paragraph 10,Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample(pursuant to paragraph 6.11,Shop Drawings and Samples),or 3.5.2.3 CONSULTANT's written interpretation or clarification(pursuant to paragraph 9.4,Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub-Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings,Special Conditions or other cocuments usec on the Work;and,they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4—SITE OF WORK 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish, as indicated in the Contract Documents,the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY,unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lancs of rights-of--way proviced. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land:The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner,and a copy of such easement furnishec to the CITY anc CONSULTANT prior to saic use,anc neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State,County anc CITY Rights-of-Way anc Easements:When the Work involves the installation of sanitary sewers,storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way, easements,or other property,the CONTRACTOR shall(as the Work progresses)promptly back-fill,compact,grade and otherwise restore the disturbed area to a basic concition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth,large stones,boulders,and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Acjacent to Telephone,Power,Cable TV,and Gas Company Structures: In all cases where Work is to be performed near telephone, power,water,sewer,drainage,cable TV,or gas company facilities,the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed,prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets:The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular anc non-vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY,the CONSULTANT,the Florida Department of Transportation,or other agency or governmental entity having jurisdiction,as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS. 4.2.1 Subsurface Explorations:Where applicable,reference is made in the Special Conditions for identification of those reports of explorations anc tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 25 Page :789 of 7 4.2.2 Existing Structures: Where applicable, reference is mace to the Special Conditions for identification of those drawings of physical concitions in or relating to existing surface and subsurface structures(except Underground Facilities referred to in paragraph 4.3 herein)which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limitec to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employec by the CONTRACTOR and safety precautions and programs incident thereto.The CONTRACTOR may not rely upon any interpretation of such technical data,including any interpolation or extrapolation thereof,or any non-technical data, interpretations,anc opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions anc locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions anc locations,or for inaccurate verifications by CONTRACTOR.CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface concitions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS—UNDERGROUND FACILITIES: 4.3.1 Indicated:The information and data incicatec in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnishec to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data,and 4.3.1.2 The CONTRACTOR shall notify the Undergrounc Service Alert(USA)System,Phone No.1-800-227-2600 and Sunshine State One Call Services(1-800-432-4770)at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities'respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some(or all)of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services,and therefore,not automatically contacted by the above referenced telephone number.The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services,and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight(48)hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities'respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents,for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.10,anc repairing any damage thereto resulting from Work,the cost of all of which shall be consicerec as having been included in the Contract Price. 4.3.1.5 All water pipes,sanitary sewers,storm crains,force mains,gas mains,or other pipes,telephone or power cables or conduits, pipe or concuit casings,curbs,sidewalks,service lines,and all other obstructions,whether or not shown,shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from the CITY or occupant,or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to service promptly,as part of the Work,as soon as the Work has progressed past the point involved. Approximate locations of known water,sanitary,drainage,natural gas,power,telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown,but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes,ducts,cables,etc.carefully by hand prior to installing their work. Any discrepancies or cifferences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown,nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of,CONTRACTOR shall promptly,after becoming aware of thereof anc before performing any Work affected thereby(except in an emergency as permitted by paragraph 6.10), identify the owner of such Undergrounc Facility anc give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to cetermine the extent to which the Contract Documents should be modified to reflect and cocument the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site concitions,within twenty-four(24) hours upon their discovery(but in no event later than seven (7)days after their discovery)and before they are disturbed: Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 26 7 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated,described,or delineated in the Contract Documents,inclucing those reports discussed in paragraph 4.2 and 4.3(Physical Conditions,Underground Facilities), and 4.4.1.2 Any unknown physical concitions at the Site of the Work of an unusual nature differing materially from those ordinarily encounterec and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports anc documents ciscussec in paragraph 4.2 anc 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions,determine the necessity of obtaining additional explorations or tests with respect thereto,and acvise the CITY in writing(with a copy to the CONTRACTOR)of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concluces that because of newly discovered conditions a change in the Contract Documents is required,a Change Order shall be issuec as provicec in Article 10(Changes in Work)to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the ciffering site conditions coulc reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work,through the subsurface e)plcrations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof,a claim may be made therefor as provided in Article 11 (Change of Contract Price) anc Article 12(Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four(24)hours or no later than seven(7)days of their discovery anc before they are disturbec,shall constitute a waiver of all claims in connection therewith,whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide,if available,engineering surveys to establish reference points for construction,which in CONSULTANT's judgment are necessary to enable CONTRACTOR to proceec with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work(unless otherwise specified in the General Requirements),shall protect and preserve the established reference points anc shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5—BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executec Contract or receipt of Award letter from the CITY,furnish Performance and Payment Boncs,each in an amount at least ONE HUNDRED PRECENT (100%)of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations uncer the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY,or the CITY,at its sole discretion anc option may terminate the contract. These bonds shall remain in effect at least until one(1)year after the date when final payment becomes due,except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Boncs as are requirec by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specifiec anc suppliec by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognizec Surety Company, acceptable to the CITY, listed on the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Feceral Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amenced) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000),all bonds shall be placed with sureties with Best Ratings as stated below: The name,adcress,anc telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to$499,999.99,the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work,otherwise the surety shall have the minimum ratings. CONTRACT AMOUNT BEST KEY RATING Under$500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over$2,500,000 Class XIV A or better Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 27 —6 4AJ Page :785 ol 7 5.1.4 The Bono shall specifically incorporate anc acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executec and issued by a registered agent,licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership,the Bond shall be signec by each of the individuals who are partners,if a corporation,the Bond shall be signec in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a)appropriate acknowledgement of the respective parties,b)appropriate duly certified copy of Power-cf-Attorney or other certification of authority where Bond is executec by agent,officer or other representative of CONTRACTOR or Surety,c)duly certified extract from by-laws or resolutions of Surety uncer which Power-of-Attorney,or other certificate of Authority of its agent,officer or representative was issued. 5.1.7 If the Surety on any Bono furnishec by CONTRACTOR is declared bankrupt or becomes insolvent,or its right to do business is terminated in the state of Florica or it ceases to meet the recuirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond anc Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form,and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division.The Bond number must be stated on the first page of the Bond. 5.2 INSURANCE: 5.2.1 The CONTRACTOR agrees to,in the performance of Work anc services under this Agreement,comply with all federal,state,and local laws anc regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its employees,agents,or Sub-Contractors,if any,with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work uncer this Agreement.The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department, all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub-Contractor to obtain or maintain such insurance. The following are requirec types anc minimum limits of insurance coverage,which the CONTRACTOR agrees to maintain during the term of this Contract,unless otherwise statec: Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazarc Products/Completed Operations Broad Form Property Damage Cross Liability anc Severability of Interest Clause Automobile Liability(including $1,000,000 $2,000,000 owned, non- owned, and hired) Worker's Compensation&Employer's Liability -Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits cepencing upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub-Contractor shall commence work under this Contract until they have obtained all insurance recuirec uncerthis section anc have suppliec the CITY with evicence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub-Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Awarc anc the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be"Occurrence"form. Each carrier shall give the CITY sixty(60)days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 28 Page :786 of 7 representatives arc elected officials as an "additional insurec". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may recuire that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with,at a minimum,a limit of$1,000,000 per occurrence and$2,000,000 in the aggregate. "Claims-Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event,the Bidder shall maintain such Professional Liability Insurance in effect for three(3)years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance,the U.S.Longshoremen anc Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project,it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidcer of the insurance provisions coes not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an incependent contractor, between the CITY and the CONTRACTOR, its employees, agents, Sub-Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means,methods,technicues,secuences,and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR,on account of the amount or character of the Work,or because of the nature of the grounc beneath,in or on which the Work is cone is cifferent from what was assumed or expected,or because of bad weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visitec the Site,has conducted sufficient investigation of the surface and sub-surface conditions in order to submit its bid,has become familiar with the local concitions uncer which the Work is to be performed,and correlated personal observations with the requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY's property (including machinery and ecuipment)in,or on,or adjacent to the Site of the Work until final completion of Work,from action of the elements,acts of other contractors, or except as otherwise provided in the Contract Documents,and from any other causes whatsoever,should any damage occur by reason of any of the foregoing,the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warning signs,walks,flags,cables and lights for the safety of anc the prevention of injury,loss and damage to persons and property. The term"persons"ircluces without limitations,members of the public,the CITY and its employees and agents,the Project Manager and his/her employees, CONTRACTOR's employees, CONTRACTOR"s Sub-Contractors and Sub-Contractors respective employees,who are on or about or acjacert to the premises where said Work is to be performed.CONTRACTOR shall comply with all applicable provisions of safety laws,rules,orcirarces,regulations anc orders of duly constitutec federal,state,and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, damage and cestruction to all of its materials, tools, appliances and property of every description anc that of its Sub-Contractors anc Sub-Contractor's respective employees or agents,and injury to or death of the CONTRACTOR, its employees,Sub-Contractors or Sub-Contractor's respective employees or agents,including legal fees,court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE: 6.3.1 The CONTRACTOR shall supervise anc direct the Work. It shall be solely responsible for the means,methods,techniques,sequences and procedures of construction. The CONTRACTOR shall employ anc maintain at the Worksite(s),a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name,title and contact information for the designated supervisor/superintendent. 6.4 LABOR,MATERIALS AND EQUIPMENT. 6.4.1 The CONTRACTOR shall provide competent, suitably cualifiec personnel to survey and lay out the Work and perform construction as Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 29 Page :78:7 of 7 recuirec by the Contract Documents.They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein,and CONTRACTOR shall not permit overtime work or the performance of Work on Saturcay,Sunday,or any legal holiday observed by the CITY,without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor,transportation, construction equipment and machinery,tools,appliances,fuel,power,light,heat,telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost,stolen,or damaged while storec on the job site. 6.4.3 Condition of Materials:All materials anc ecuipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approvec, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials and ecuipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. 6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials,equipment,and products incorporated in the Work are fit for their intendec purpose before being purchasec by the CONTRACTOR. However,the CONTRACTOR shall submit to the CONSULTANT anc the CITY's Project Manager a list of proposec materials,equipment or products,together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval,pursuant to Section 32, Instruction to Bidders if prior to awarc,or after award,within ten(10)calendar days after the CONTRACTOR should have been aware of the need for substitution,unless otherwise stipulated in the Special Conditions. No recuest for payment for"or equal"equipment shall be approved until this list has been received anc approvec by the CONSULTANT.The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material,article,or piece of ecuipment is identified on the Drawings or Specifications by reference to brand name or catalogue number,it shall be understooc that this is referenced for the purpose of defining the performance or other salient recuirements,anc that other products of equal capacities,quality and function may be considered. The CONTRACTOR may recuest the substitution of a material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if,the opinion of the CONSULTANT and CITY,such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation anc acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the Project)to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application anc available maintenance,repair,and replacement service shall be indicated. 6.4.5.3 The application shall also contain itemizec estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, acditicnal cata about the proposec substitute. 6.4.5.4 Incidental changes or extra component parts requirec to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT anc CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation,to operating installation at factories,etc. 6.4.5.5 No substitute shall be orderec or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considerec justifiable grounds for an extension of construction time. 6.4.5.7 Shoulc any work or materials, equipment or procucts not conform with requirements of the Drawings and Specifications or become camaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub-Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, methoc, technicue, secuence or procedure of construction is indicated in or required by the Contract Documents,CONTRACTOR may furnish or utilize a substitute means,method,sequence,technique or procedure of construction, if applicable,to the CITY and CONSULTANT,if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposec is equivalent to that indicated or required by the Contract Documents.The procedure for review by the CITY anc CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions,par.2)as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two(2)or more pieces of material or equipment of the same kind,type or classification,and being used for identical types of service,shall be made by the same manufacturer. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 30 Page :788 OF 1 Ee) 7 6.5 CONCERNING SUBCONTRACTORS. 6.5.1 The CONTRACTOR shall not employ any sub-contractor,other persons or organization(whether initially or as a substitute)against whom the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub-contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub-contractor who has been accepted by the CITY's Project Manager and the CONSULTANT,unless the CONSULTANT determines that there is good cause for doing so. If after bic opening and prior to the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increasec or extencec,the CITY may return the Bid Bond and award the Contract to the next qualified,competent Bicder. If after the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY shall permit CONTRACTOR to make an appropriate anc acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub-contractor,supplier,or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub-Contractors and of persons and organizations cirectly or incirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub-Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub-Contractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub-contractor or other person or organization,except as may otherwise be recuirec by law. CITY or CONSULTANT may furnish to any sub-contractor or other person or organization,to the extent practicable,evicence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in cividing the Work among sub-contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms anc Concitions:The CONTRACTOR agrees to bind specifically every sub-contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement: Any anc all Work performed for the CONTRACTOR by a sub-contractor shall be pursuant to an appropriate agreement between the CONTRACTOR anc the sub-contractor. 6.5.6 Responsibility:The CONTRACTOR shall be responsible for the coordination of the trades,sub-contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work,to bid sub-contractors to the CONTRACTOR by the terms of these General Conditions anc other Contract Documents insofar as applicable to the Work of sub-contractors, anc to give the CONTRACTOR the same power as regards terminating any sub-contract that the CITY may exercise over the CONTRACTOR uncer any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any cifferences between the CONTRACTOR and his sub-contractors or between sub-contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT,any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory,such Sub-Contractor shall be replaced if and when directed in writing. 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor anc equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that procuct procurement schecules are adecuate. 6.5.10.4 Verify that procuct deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS,FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees anc royalties anc assume all cost incidents to the use of any invention,design,process or device which is the subject of patent rights or copyrights helc by others. They shall indemnify and hold harmless the CITY and CONSULTANT anc anyone directly or incirectly employec by either of them from and against all claims,damages,losses and expenses(including attorney's fees)arising out of any infringement of such rights during or after completion of the Work,and shall defend all such claims in connection with any allegec infringement of such rights. 6.6.2 Patent rights. The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, articles or systems prior to bidding. However,they shall not be responsible for such determination on systems which do not involve purchase by them of materials,appliances anc articles. 6.7 PERMITS,LAWS AND REGULATIONS: 6.7.1 Permits.The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR, when necessary,in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as recuirec. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Boynton Beach Utilities—Cured-In—Place Pipe Linin CI PP GC 30age 7 Department of Environmental Regulations,United States Environmental Protection Agency and any other regulatory agency requirements inclucing financial responsibility(fines,etc). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws,ordinances,rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,they shall give the CONSULTANT prompt written notice thereof,anc any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws,ordinances, rules and regulations, and without such notice to the CONSULTANT,they shall bear all costs arising therefrom, however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications,Drawings,Addenda,Modifications,and Shop Drawings at the site in good orcer and annotatec to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be usec for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awardec CONTRACTOR shall maintain during the term of the Contract all books, reports,and records in accordance with generally accepted accounting practices anc standares for records cirectly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor,during normal business hours,all books of account, reports,and recores relating to this Contract for the duration of the Contract and retain them for a minimum perioc of three(3)years. 6.9.3 The awardec CONTRACTOR shall be aware that the Palm Beach County,Office of Inspector General investigators shall have the power without limitation to aucit, investigate,monitor, inspect and review the operations,activities, performance and procurement process of the CONTRACTOR,its Sub-Contractors and lower tier subcontractors and its officers,agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation,the CITY shall have the right,as a condition to considering the claim,anc as a basis for evaluation of the claim,and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books,records,documents,and other evidence and accounting procedures anc practices,sufficient to discover and verify all direct anc indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred anc for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants,or such parts thereof,as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub-Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.Upon request by the CITY,CONTRACTOR shall provide the accounting records and documents,and other financial data anc shall submit true copies of recuested records to the CITY. 6.10 SAFETY,PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to. 6.10.1.1 All employees on the Work anc other persons,who may be affected thereby, 6.10.1.2 All the Work anc all materials or ecuipment to be incorporated therein,whether in storage on or off the Site,and 6.10.1.3 Other property at the Site or acjacent thereto, including trees, shrubs, lawns,walks, pavements, roadways, structures and utilities not designatec for removal,relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws,ordinances,rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property anc of Underground Facilities and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation and replacement of their property. 6.10.4 All damage,injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly,in whole or in part,by CONTRACTOR, any Sub-Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable,shall be remedied by CONTRACTOR.CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety anc protection of the Work shall continue until such time as all the Work is completec anc CONSULTANT has issuec a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion)that the Work is acceptable or until any and all final"punch list"items are completed,whichever is later. 6.10.6 The safety provisions of applicable laws anc building and construction codes shall be observed and the CONTRACTOR shall take or cause Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 32 7 to be taken such additional safety anc health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarced in accorcance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death,occupational disease,or injury requiring medical attention or causing loss of time from Work,arising out of an anc in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight(48)hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE:CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accicents. This person shall be CONTRACTOR's superintencent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information requirec to be made available to or exchanged between or among employees at the Site in accorcance with Laws anc Regulations. 6.10.10 SUPERINTENDENT:The CONTRACTOR shall cesignate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR,without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act,at its discretion,to prevent carnage,injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager anc CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is requirec because of the action taken in response to an emergency,a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During acverse weather, anc against the possibility thereof,the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good anc workmanlike condition anc is satisfactory in all respects. When required,protection shall be provided by the use of tarpaulins,wooc and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they ceem prudent. The CONSULTANT may suspenc construction operations at anytime when in their judgment,the conditions are unsuitable or the proper precautions are not being taken,whatever the weather or water level conditions may be,in any season. 6.10.14 If the CONTRACTOR believes that additional work cone by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time,they may make a claim therefor as provided in Article 11 (Change in Contract Price)anc Article 12,(Change in Contract Time). 6.10.15 NATIONAL EMERGENCY:In the event the CITY is preventec from proceeding with any or all of the Work as stated in the Contract due to a declaration of war,or national emergency by the Unitec States government,whereas the construction of the type contracted for herein is specifically prohibited by statute or government ecict,or cue to the stoppage of construction caused by any governmental agency,state, CITY,town,or county regulations,orcers,restrictions,or due to circumstances beyond the CITY's control,then the CITY herein reserves the right to either suspenc the Work to be cone for an incefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has alreacy commencec,then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings:After checking and verifying all field measurements,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions,(see paragraph 2.9)copies(or at the CONSULTANT's option,one reprocucible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions,design criteria, materials of construction anc the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limitec to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schecules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as requirec by project After review, produce copies anc distribute per Submittal Procecures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 33 Page :711 of 1 7 concept and on to the CITY's Project Manager. 6.11.2 SAMPLES:The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay in Work,all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR, identifies clearly as to material,manufacturer,any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review,CONSULTANT shall submit color boarc to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes anc colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection anc preparation of color board for CITY's approval. 6.11.2.2 After review anc approval by the CITY,provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Incluce icentification on each sample with full project information. 6.11.2.5 Submit number of samples specifies in specifications,one of which CONSULTANT shall retain. Reviewed samples may be usec in Work,if indicated. 6.11.3 DEVIATIONS:At the time of each submission,the CONTRACTOR shall,in writing,call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW:The CONSULTANT shall review within fifteen(15)days or as extended by CITY,Shop Drawings and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in which the item functions.The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY anc the CONSULTANT that the CONTRACTOR has either determined and verified all quantities,dimensions, field construction criteria,materials,catalogue numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times,thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL:No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is requirec by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work,anc before acceptance of anc final payment for the Project by the CITY,the CONTRACTOR shall remove all their surplus anc ciscarcec,and excavated materials,and rubbish from the roadways,sidewalks,parking areas,lawns and all adjacent property, shall clean all portion of Work involved in any building uncer this Contract,so that no further cleaning by the CITY is necessary prior to their occupancy, shall restore all property,both public and private,which has been disturbed or damaged during the prosecution of the Work, anc shall leave the whole in a neat anc presentable condition. 6.12.2 BUILDING CLEAN-UP:Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials anc rubbish. Upon completion of the Work,they shall remove all rubbish,tools,scaffolding,surplus materials, etc., from the building anc shall leave their work"broom clean" or the like, unless specified elsewhere in the Contract. The CONTRACTOR shall cc the following special cleaning for all trades upon completion of the Work. 6.12.2.1 Remove putty stains anc paint from and wash and polish all glass.Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks,stains,fingerprints anc other soil and dirt from painted,stained and decorated work. 6.12.2.3 Remove all temporary protections anc clean and polish floors. 6.12.2.4 Clean and polish all harcware for all trades,this shall include removal of all stains,dust,dirt,paint,etc. 6.12.2.5 General:In case of dispute,the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience:The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 34 Page ;712 Of 7 public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner,consistent with the operation and local conditions. 6.13.2 Safety: "Street Closec" signs shall be placec immediately acjacent to the Work, in a conspicuous position, at such locations as traffic cemancs. At any time that streets are requirec to be closed,CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies,fire departments,and parties operating emergency vehicles before the street is closed and also as soon as area is opened.Approval from the CITY shall be coordinated through the Department of Public Works/Engineering,inclucing notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provicec and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS: 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences,secluded from public observation,for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean anc sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect, cefenc, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials from any and all claims and liabilities inclucing all attorney's fees and court costs, including appeals for which the CITY, its employees, representatives, and elected officials can or may be held liable as a result of injury(including death)to persons or damage to property occurring by reason of any negligence, recklessness,or intentional wrongful misconduct of the CONTRACTOR, its employees,or agents, arising out of or connectec with this Agreement.The CONTRACTOR shall not be required to indemnify the CITY or its agents,employees, representatives,or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY,or its agents,employees or representatives. 6.15.2 The CONTRACTOR,without exemption,shall incemnify and hold harmless,the CITY, its employees, representatives and elected officials from liability of any nature or kinc,inclucing cost and expenses for or on account of any copyright,service marked,trademarked patented or unpatentec invention,process,or any other intellectual property right or item manufactured by the CONTRACTOR.Further,if such a claim is made,or is pencing,the CONTRACTOR may,at its option or expense,procure for the CITY the right to use,replace,or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the CONTRACTOR anc receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design,device or materials coverec by letters,patent or copyright,it is mutually agreed and understood,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device or materials in any way involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars($25.00)of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S.§725.06(Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing incemnification anc the"Specific Consideration"therefor. 6.15.6 Nothing contained herein is intenced nor shall be construec to waive the CITY's rights and immunities under the common law or Florida Statutes§768.28,as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees,by any employee of the CONTRACTOR, any Sub-Contractor,anyone cirectly or indirectly employec for whose acts may be liable,the indemnification obligation under paragraph 6.15(Indemnification)shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or any Sub-Contractor under workers'compensation acts,disability benefit acts or other employee benefit acts. 6.16.2 Obligation:The obligations of the CONTRACTOR uncer paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts,errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK. 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously installec as recuired by the Drawings anc Specifications to provide a complete installation. 6.18 WORK IN STREET,HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation, grading, fill, storm drainage, paving anc other construction or installations in rights-cf-way of streets, highways, pubic carrier lines,utility lines(either aerial,surface or subsurface)etc.shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work.Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates,in triplicate from the proper authorities stating that the Work has Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 35 Page :7 19 Of i 7 been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above recuirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS,PUBLIC UTILITIES,ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies anc corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental structures connectec therewith,that are encountered in the Work in order that such items may be properly shored,supported and protected, or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES: The CONTRACTOR shall give all proper notices,shall comply with requirements of such parties in the performance of their Work,shall permit entrance of such parties on the Project in orcer that they may perform their necessary work,and shall pay all charges anc fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS:The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental cepartments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances anc regulations which in any manner affect those engaged in the Work,or materials and equipment used in the Work,or in any way affect the conduct of the Work,anc no plea of misunderstancing shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the project site anc land anc areas icentified in,and permittec by the Contract Documents and other land and areas permitted by laws, ordinances, anc regulations, rights-of-way, permits, easements, anc directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area,or to the CITY or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations,indemnify and hold the CITY harmless from and against all claims,camages, losses and expenses(including,but not limited to fees of engineers, architects, attorneys and other professionals anc court costs)arising directly,indirectly or consequentially out of any action,legal or equitable,brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work,CONTRACTOR shall remove all waste materials, rubbish and debris from anc about the premises as well as all tools,appliances,construction equipment and machinery,and surplus materials,and shall leave the Site clean anc ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall encanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs,advertisements,fres and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees,sub-contractors and other personnel,anc in routing material delivery trucks anc other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface anc subsurface improvements,such as pavements,curbs,sidewalks,pipes or utilities,footings,or structures(including portions thereof),trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protectec from carnage during construction of the Project. Any such improvements damaged during construction of the Project,whether or not such improvements appear on the Drawings,shall be restored to a condition equal or better,to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR,and no claim for an increase in the Contract Price underparagraph 6.21 or under Article 10 shall be allowec. 6.22 TEMPORARY HEAT. 6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of permanent building construction against injury from campness and cold, until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance.In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions,the permanent heating system shall not be used to Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 36 Page ;714 Of 7 provice temporary heat.CONTRACTOR's proposec methocs of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments,these shall conform generally to the progress schedule then in effect anc additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orcers. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and achere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponec pencing resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension and Termination of Work)or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants anc guarantees to CITY anc CONSULTANT that all work shall be in accordance with the Contract Documents anc shall not be defective. That CONTRACTOR guarantees to repair,replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work,and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty anc guarantee hereuncer excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub-contractors or suppliers,or 6.25.1.2 Normal wear and tear uncer normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommencation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so,anc 6.25.2.6 Any review anc approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion,oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreec upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements,for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bic question perioc. Failure to list any exceptions with the Procurement Services Division in writing prior to the enc of the Bid question perioc means that the Bicder is complying 100%with the Specifications.All materials may be inspected by the CITY upon delivery for compliance with saic Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the ceviation was approved prior to the submittal of bids. 6.27.2 Any deletion,oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship anc/or materials,together with all appurtenances necessary for unrestricted operation,as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any cetails,or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type,size and cesign are to be usec. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications,but involved in carrying out their intent or in the complete and proper execution of the Work, is recuirec and shall be performed by the CONTRACTOR as though it were specifically delineated or described. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 37 7 6.29 QUALITY. 6.29.1 Items delivered as a result of awarc from this Bid shall be free of defects. Any item(s)not meeting this specification shall be replaced by the awardec Bicder/CONTRACTOR at no acditional charge to the CITY. 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and procucts suppliec by the CONTRACTOR in conjunction with this Bid shall be new,warranted for merchantability,fit for a particular purpose, free from defects anc consistent with incustry standards. The products shall be delivered to the CITY in excellent concition. In the event that any of the procucts supplied to the CITY are found to be defective or do not conform to the Specifications,the CITY reserves the right to return the procuct to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance anc payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work,and for which disposition is not specifically provicec for elsewhere in these Specifications,it shall contact the CITY to determine if the removal items are to be salvagec. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment anc materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site anc disposed in an acceptable manner,pursuant to local,state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR,celivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29,it shall furnish to the CITY's Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name anc the common name of the toxic substance. 6.32.1.2 The hazares or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire,explosion,corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognizec as being aggravated by exposure to the toxic substance,and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions,hancling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances inclucing appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills,fire,disposal anc first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reacing this information. 6.32.1.6 The year and month,if available,that the information was compiled and the name,address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor anc Employment Security,Bureau of Industrial Safety and Health,Toxic Waste Information Center,2551 Executive Center Circle West,Tallahassee,FL.32301-5014,Telephone:1-800-367-4378. 6.33 OCCUPATIONAL,SAFETY AND HEALTH ASSOCIATION(OSHA) 6.33.1 The CONTRACTOR warrants that the procuct/services suppliec to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970,as amenced,and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands anc agrees that any item offerec or shipped pursuant to this Bid shall be new(current production model at the time of the Bic). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS'LABORATORIES(UL): 6.35.1 Unless otherwise stipulated in the Bid,all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been establishec by UL forthe items offerec anc furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos-basec fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY anc the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 3Page 716 of 1037 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents 6.37.1.5 As-built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and boncs 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed, Work inspectec anc that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager anc CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local,state anc federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total acjusted contract sum,previous payments anc sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completec facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior anc exterior glass and surfaces exposed to view,remove temporary labels,stains and foreign substances,wax,clean and polish transparent and glossy surfaces,vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment anc fixtures to sanitary condition with cleaning materials per manufacturer's written recommencations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs,gutters,downspouts and drainage systems. 6.37.3.6 Clean Site,The CONTRACTOR shall sweep pavec areas,rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials,rubbish,and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains(coolers). 6.37.3.9 The CONTRACTOR shall clean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site,one(1)record copy of all Drawings, Specifications, Acdenca, Change Orcers, Field Change Directives and written interpretations and clarifications (issuec pursuant to para.9.4)in gooc order anc annotated to show all changes made during construction. The record documents together will all approvec samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work,these record documents,samples,and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts,maintenance and extra products in quantities specified in the Specifications to the CITY anc obtain receipt prior to final payment. 6.37.8 WARRANTIES. 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide cuplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute anc assemble transferrable warranty documents from sub-contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty cocuments with a Table of Contents and assemble in D-size, 3-ring white Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 39 Page FIF Of 7 binders with typec title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above-referencec warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service anc maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine,clean,adjust,anc lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing parts as recuired with parts produced by the manufacturer of the original component. 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarizec letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project,pursuant to Florida Statutes§255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local,state anc feceral laws anc regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES. 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provice a chain link fencing surrounding and separating areas under construction,including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provice demising walls and other barriers as required to separate building area under construction that permits safe anc unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control cust,erosion and seciment,noise,pollution,rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions—01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement,CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to incluce storage,office trailers,parking,and lay-down areas. 6.38.2.3 Interruption of pre-approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing"anc"Hard Hat Area"signs along Project perimeter and at construction access points. "No Trespassing"sign shall include statutory language that area is construction site and that trespassing and theft are felonies anc violators will be prosecuted. "No Trespassing"sign shall include name of CONTRACTOR/CM."No Trespassing" signs shall not be larger than 24"(600mm)by 24"(600mm). "Hard Hat Area"sign shall not be larger than 12"(300mm)by 12" (600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises,the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywocc with vapor barrier and wood framing to prevent unauthorized entrance,dust or Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 40 Page :7 18 Of i 7 debris from entering occupiec portion of the area. 6.38.3.4 Where construction is overhead,the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding,plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction inclucing areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provice chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a cetailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall: 6.39.1 Protect existing building and adjacent property from dust procuced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic anc construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provice berms,dikes or crains to civert water flow away from existing structures into storm water retention areas. 6.39.4 Provice methods necessary to prevent muc anc debris from entering storm water system. 6.39.5 Provice methods necessary to prevent excessive noise on Site.CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provice methods necessary to prevent pests and insects from camaging the Work. 6.39.7 Provice methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10"Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provice a six(6)foot high,minimum ten(10)gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six(6)foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provice 5/8"C/D plywocc sheets,pressure treated or other means of weather protection,with 2 x 4 wood framing at edges and 24"maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provice demising Wall:5/8"C/D plywooc sheets,2 x 4 wood framing at 24"maximum spacing,and 10 mil black polyethylene vapor barrier covering with sealec joints. 6.39.10.2 Provice overhead Protection:Metal scaffolding with 3/"B/C plywood or 2"x 12"wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where wincs are anticipated over seventy-four(74)miles per hour. 6.40 SECURITY PROCEDURES. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 41 7 6.40.1 The CONTRACTOR shall protect new work,existing facilities anc grounds from damage,theft,vandalism,and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project,mobilizing to ensure safety of employees or persons at the unaffectec areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff,sub-contractors anc vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re-verified and re-issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10"Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provice a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal anc emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the acministrative anc procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase,substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase,substitution recuests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall icentify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub- Contractor or supplier curing construction phase,incicating Specification Section and Paragraph Number of specified material anc pertinent crawing and cetail numbers,as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp,signec or initialed certifying that review,approval,verification of products required,field dimensions, acjacent construction work,anc coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schecule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 (certify variations from Contract Documents anc product or system limitations,which may be detrimental to successful performance of the completec work. 6.41.2.9 Provice space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revisec for resubmission,identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with recuirements. 6.41.2.12 Submittals not recuestec will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Recuests for substitutions shall be made no later than ten(10)calendar days prior to Bid date. Requests received afterwards may not be considerec. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 42 Page :728 of 7 6.41.4 SCOPE OF WORK. The CONTRACTOR shall follow the acministrative and procecural requirements set forth in Section 6.41.5 to assure quality of construction before and curing construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples,constructed,applied or assembled at the Site for review for use as a cuality stancard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements,with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing,connecting to,and placing in service, such ecuipment. 6.41.5.4 Coordinate space requirements,supports anc installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes,ducts anc conduits as closely as practicable;place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance,and for repairs. 6.41.5.6 Within finishec areas, except as otherwise incicatec, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures anc outlets with finish elements. 6.41.5.7 Coordinate completion anc clean up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises,coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents,to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Lanc Surveyor registered in State of Florica approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey establishec by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks anc easements,confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide fielc engineering services anc establish elevations, lines and levels,utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing anc certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7—OTHER WORK 7.1 RELATED WORK AT SITE. 7.1.1 The CITY may perform other work relatec to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work,and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) anc Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents,no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract(or the CITY,if the CITY is performing the additional work with the CITY's employees) proper anc safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment anc the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting,fitting anc patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT anc the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 43 Page ;7211 Of 7 this paragraph are for the benefit of the CITY anc other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor, other than CONTRACTOR's own SubContractor,CONTRACTOR shall inspect and promptly report to CONSULTANT in writing,any delays,defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as fit and proper for integration with CONTRACTOR's work except for latent defects anc deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site,the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions anc the specific matters to be covered by such authority anc responsibility shall be itemized, and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions,neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8—THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR,anc provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5(Review of Application for Progress Payment)anc Section 14.10(Final Payment anc Acceptance)of the General Conditions. 8.4 LANDS,EASEMENTS:REPORTS AND TESTS. 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys, if available and to establish reference points are set forth in paragraphs 4.11 (Availability of Land)and 4.5.1 (Reference Points)of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2(Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10(Changes in the Work)of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work), Paragraph 15.1 (CITY May Suspend Work). Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchasec from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determinec that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract perioc. The CONTRACTOR agrees that the price(s)offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No acciticnal terms and concitions includec with the Bic response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreec that the conditions in these Bid Documents are the only conditions applicable to this Bic anc the CONTRACTOR's authorized signature on the Bid Form attests to this. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 44 Page :722 OF 7 ARTICLE 9—CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT(if specifically designated),or a specifically designated employee of the CITY,shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final,if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications,and 9.1.3.2 Schecule and conduct pre-construction meeting anc progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination ofcrawings 9.1.4.5 Schecules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR,anc to other concerned parties, 9.1.5.3 Assist in obtaining permits anc approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities,and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceec with the Work,the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general,if the Work is proceeding in accorcance with the Contract Documents. On the basis of its on-site observations,as an experienced anc qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects anc ceficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents,inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the recuirements of the Contract Documents(in the form of Drawings or otherwise)as the CITY may determine necessary,which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof,CONTRACTOR may make a claim therefore as provicec in Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.5 MEASUREMENTS: 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the Unitec States Standard Measures. All linear surface measurements shall be made horizontally or vertically as recuirec by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT,CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is "defective"(which term is hereinafter used to describe Work that is unsatisfactory,faulty or defective,or does not conform to the requirements of the Contract Documents or does not meet the recuirements of any inspection,test or approval referred to in the Contract Documents,or has been damagec prior to final inspection). The CONSULTANT,CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated,installec or completed. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 45 Page :7280 OF 7 9.7 SHOP DRAWINGS,CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings anc samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples)of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price)anc Article 12(Change in Contract Time)of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment,etc.shall be pursuant to Article 14(Payment to Contractor and Completion)of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rencering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written cecisions shall be final anc binding upon the CITY and CONTRACTOR unless,within ten(10)days after the cate of any such decision,the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a cecision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents anc evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the recuirements of the Contract Documents pertaining to the performance and furnishing of the Work anc claims under Articles 11 (Change in Contract Price)and Article 12(Change in Contract Time)in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager,the CONSULTANT shall rencer a decision on the claim or cisputec matter in writing within a reasonable time. Written notice of each such claim, dispute anc other matter shall be celivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies)to the Contract promptly(but in no event later than ten(10)days)after the start of the occurrence or event giving rise thereto,and written supporting data shall be submittec to the CITY's Project Manager and CONSULTANT within ten(10)days after such occurrence,unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2 The CITY's Project Manager anc CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal(unless the CITY's Project Manager anc CONSULTANT allow additional time).CONSULTANT with the consent of the CITY's Project Manager shall render a formal cecision in writing by thirty(30)days after receipt of the opposing party's submittal,if any, in accordance with this paragraph. The CITY's Project Manager's written decision,on such claim,dispute,or other matter shall be final and bincing upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16(Dispute Resolution),or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager anc CONSULTANT within ten (10)days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and regulations within thirty(30)days of the cate of such decision,unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a cecision by the CITY's Project Manager pursuant to Paragraphs 9.8.1,(Determinations of Unit Prices),9.9.1 and 9.9.2 (Dispute Resolution)with respect to any such claim,dispute or other matter(except any which have been waived by the making or acceptance of final payment as provicec in Paragraph 14.11 (Waiver of C laims)shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in respect of any such claim,dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Acminister special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specifiec criteria. 9.10.2.4 Recommend anc acminister any requirec re-testing. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 46 —6 4AJ Page :724 ol 7 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by CONSULTANT eitherto exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR, any SubContractor,any Supplier or any other person or organization performing any of the Work,or to any surety. 9.11.2 Whenever in the Contract Documents the term"as orderec","as cirected","as required","as allowed","as approved",or terms of like effect or import are usec,or the acjectives"reasonable","suitable","acceptable","proper",or"satisfactory",or adjectives of the like effect or import are used to cescribe a requirement,direction,review or judgment of the CONSULTANT as to the Work,it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means,methods,techniques,sequences or procedures of construction,or the safety precautions and programs incicent thereto, anc CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor,any Supplier,or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety,the CITY may at any time order additions,deletions or revisions in the Work,these changes shall be authorized by a Fielc Order or Change Order. Upon receipt of any such order or document,CONTRACTOR shall promptly proceec with the Work involved that shall be performed under the applicable conditions of the Contract Documents,except as otherwise specifically providec. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that shoulc be allowed as a result of a Change Order, a claim may be made therefor as provicec in Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not requirec by the Contract Documents as amended,modified and supplemented as provided in Section 3.2(References to Standares)except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies)or except in the case of uncovering Work as proviced in Paragraph 13.4.2(Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY anc CONTRACTOR shall execute appropriate Change Orders(or Written Amendments)covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are required because of acceptance of defective Work under Paragraph 13.9,or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order,an appeal may be taken from any such decision in accorcance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provicec in Paragraph 6.24.1. 10.3.2 Surety: It is cistinctly agreec anc understood that any changes made in the Contract Documents for this Work(whether such changes increase or decrease the amount thereof)or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul,release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including,but not limited to Contract Price or Contract Time)is required by the provisions of any Bond to be given to a Surety,the giving of any such notice shall be the CONTRACTOR's responsibility,and the amount of each applicable Bono shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or extensions of time,shall be governec pursuant to the ordinances of the CITY. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1 GENERAL 11.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All cuties,responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 47 Page :725 of 7 11.1.2 The Contract Price may only be changec by a Change Orcer. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(not later than ten (10)days) after the occurrence of the event giving rise to the claim anc stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty(30)days after such occurrence and shall be accompanied by claimant's written statement that the amount claimec covers all known amounts(direct, incirect and consequential)to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1,if the CITY anc CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submittec in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Orcer or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involvec is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involvec(subject to provisions of Section 11.5.(Unit Price Work)inclusive). 11.1.3.2 By mutual acceptance of a lump sum(which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a(Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work (determinec as provided in Section 11.2, inclusive) plus a CONTRACTOR's fee for overhead and profit)ceterminec as proviced in Section 11.3,Contractor's Fee,inclusive. 11.2 COST OF THE WORK: 11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreec to in writing by the CITY,such costs shall be in amounts no higher than those prevailing in the locality of the Project anc must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7(Exclusions to Cost of the Work). 11.2.2 Labor:The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work uncer schedules of job classifications including the expenses of performing work after regular hours on Saturday,Sunday and legal holidays, agreed upon by the CITY anc CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not limited to,salaries and wages plus the cost of fringe benefits which shall include social security contributions,unemployment,excise and payroll taxes,workers'or workmen's compensation, health and retirement benefits, sick leave, vacation anc holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment:The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, inclucing costs of transportation and storage thereof,and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY ceposits funcs with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trace discounts,rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to the CITY,and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract provices that the subcontractor is to be paid on the basis of Cost of Work plus a fee,the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work inclucing but not limited to engineers,architects,testing laboratories,surveyors,attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, inclucing transportation and maintenance, of all materials, supplies,equipment, machinery,appliances, office and temporary facilities at the site anc tools not owned by the workers that are consumed in the performance of Work,and costs less than market value of such items usec but not consumec which remain the property of the CONTRACTOR. b. Rentals of all construction equipment anc machinery anc the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT,and the costs of transportation,loading, unloading, installation,dismantling and removal thereof—in accordance with terms of such rental agreements. The rental of any such ecuipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional boncs and insurance recuirec because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work:The term Cost of the Work shall not include any of the following. 11.2.7.1 Payroll costs anc other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,expecitors,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed upon schecule of job classifications referrec to in Paragraph 11.2.2 (Labor)or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants)—all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Concitions. 11.2.7.2 Expenses of any of CONTRACTOR's offices,inclucing principal and branch offices,other than CONTRACTOR's office at the Site. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 48 7 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Boncs anc for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same(except for the cost of premiums covered by subparagraph 11.2.6(c)above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly suppliec and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs,i.e.where worker hours exceed a typical 8-hour day anc 40-hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2(Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overheac and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee,or if none can be agreed upon, 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurrec under Paragraphs 11.2.2(Labor)and 11.2.3(Materials and Equipment)the CONTRACTOR's fee shall be five(5%)percent. b. For costs incurrec under Paragraph 11.2.4(Subcontractors),the CONTRACTOR's fee shall be five(5%)percent, and if a subcontract is on the basis of Cost of the Work plus a fee,the maximum allowable to CONTRACTOR on account of overheac and profit of all subcontractors shall be five(5%)percent. C. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5(Cost of Consultants), 11.2.6 (Supplemental Costs)anc 11.2.7(Exclusions). C. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten(10%)percent of the net decrease;and e. When both additions anc credits are involved in any one change,the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a)through 11.3.1.2(4)inclusive. 11.3.2 Whenever the cost of any work is to be ceterminec pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT,an itemized breakdown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has includec in the Contract Price all allowances named in the Contract Documents and shall cause the Work so coverec in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY,CONTRACTOR agrees that: 11.4.1.1 The allowances incluce the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and hancling on the Site,including labor,installation costs,overhead,profit and other expenses contemplatec for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment,an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provice that all or part of the Work is to be Unit Price Work,initially the Contract Price shall be deemed to include for all Unit Price Work,an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work, times the estimatec cuantity of each item as incicatec in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed anc are solely for the purpose of comparison of Bics and cetermining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8-Determination of Unit Prices. 11.5.2 Each unit price shall be ceemec to include an amount consicerec by CONTRACTOR to be adequate to cover CONTRACTOR's overhead anc profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicatec in the Contract anc there is no corresponding adjustment with respect to any other item of work,and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price,if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the cuantity of any item of Unit Price Work performec by CONTRACTOR differs materially and significantly from the estimated quantity of such item incicatec in the Contract anc there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof,CITY may make a claim for a decrease in the Contract Price in accordance with Article 11—Change in Contract Price if the parties are unable to agree as to the amount of any decrease. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 49 7 11.6 OMITTED WORK: 11.6.1 The CITY may at any time,by written order,without Notice to the Sureties,require omission of such contract Work as it may find necessary or desirable.An orcer for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices,or rates for work of a similar nature or character as set forth in the Contract,or 11.6.1.2 By the appropriate lump sum price set forth in the Contract,or 11.6.1.3 By the reasonable anc fair estimatec cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT,and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order.Any claim for an extension or shortening of Contract Time shall be based on written notice celivered by the party making the claim to the other party and to CONSULTANT promptly(but in no event later than seven(7) days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice to the extent of the claim with supporting data shall be delivered within seven (7) cays after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims mace beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Icentification anc demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Icentification of the source of celay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommenced action to minimize delay. 12.1.2 Requests for extension of time shall be fully documentec anc shall include copies of daily logs,letters,shipping orders,delivery tickets,and other supporting information. In case of continuing cause of delay,only one(1)claim is necessary. Normal working weeks are based on a five(5)day week.All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an acjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)that,in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR,the Contract Times(or Milestones)shall be extencec in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY,acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7—Relatec Work at Site,fires,floods,epidemics,or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay cue to inclement weather(i.e.beyonc the 10-year mean average)shall be the made within ten(10)days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is preventec from completing any part of the Work within the Contract Time(or Milestones)due to delay beyond the control of both CITY anc CONTRACTOR,an extension of the Contract Times(or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole anc exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR,and SubContractor,any supplier,any other person or organization,or to any surety or employee or agent of any of them,for damages arising out of or resulting from (i)delays causec by or within the control of the CONTRACTOR,or(ii)delays beyond the control of both parties inclucing but not Iimitec to fires,floocs,epidemics,abnormal weather conditions,acts of God or acts of neglect by utility owners or other contractors performing work as contemplatec by Article 7—Relatec Work at Site. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 50 Page :728 OF 1 7 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize anc acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if th Work is not completec within the times specified in Paragraph 2.3-Notice to Proceed plus any extensions thereof allowed in accordance with Article 12-Chang of Contract Time. Each of the parties acknowlecge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure CONTRACTOR to perform in a timely manner,but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR al recognize anc acknowledge the celays,expenses anc cifficulties involvec in providing proof of such damages in a legal proceeding,the actual loss suffered by the CIT if the Work is not completed on time. Accordingly,instead of requiring any such proof,the CITY and CONTRACTOR agree that as liquidated damages for delay(but n as a penalty)CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $100 $20,001 to$75,000 $200 $75,001 to$150,000 $500 $150,001 to$350,000 $750 $350,001 to$750,000 $800 $750,001 to$1,000,000 $1,000 $1,000,001 to$2,000,000 $1,200 $2,000,001 to$3,000,000 $1,500 $3,000,001 to$4,000,000 $1,600 $4,000,001 to$5,000,000 $1,700 $5,000,001 to$6,000,000 $1,800 $6,000,001 to$7,000,000 $1,900 $7,000,001 to$8,000,000 $2,000 $8,000,001 to$9,000,000 $2,100 $9,000,001 to$10,000,000 $2,200 $10,000,001 to$11,000,000 $2,300 $11,000,001 to$12,000,000 $2,400 $12,000,001 and over $2,500 For each cay that expires after the time specified in Paragraph 2.3-Notice to Proceed, for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion,if CONTRACTOR shall neglect,refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof grantec by the CITY,CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $25.00 $20,001 to$75,000 $50.00 $75,001 to$150,000 $125.00 $150,001 to$350,000 $187.50 $350,001 to$750,000 $200.00 $750,001 to$1,000,000 $250.00 $1,000,001 to$2,000,000 $300.00 $2,000,001 to$3,000,000 $370.00 $3,000,001 to$4,000,000 $400.00 $4,000,001 to$5,000,000 $425.00 $5,000,001 to$6,000,000 $450.00 $6,000,001 to$7,000,000 $475.00 $7,000,001 to$8,000,000 $500.00 $8,000,001 to$9,000,000 $525.00 $9,000,001 to$10,000,000 $550.00 $10,000,001 to$11,000,000 $575.00 $11,000,001 to$12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3-Notice to Proceed. 12.2.3 This sum is not a penalty.The CITY reserves the right to additionally recover direct job site expenses,including CONSULTANT's expenses incurrec during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provicec by this Article is joint anc several. Boynton Beach Utilities-Cured-In-Place Pipe Lining(CI PP)GC 51 Page :729 of 7 ARTICLE 13—TESTS AND INSPECTIONS,CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work,whether or not completed, may be rejected, corrected or accepted as proviced in Article 13—Tests anc Inspections:Correction,Removal or Acceptance of Defective Work. 13.1.2 Unremecied defects icentified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remeciec as a result of obligations of the guarantee, shall subject the remedied portion of the Work to an extendec guarantee period of one(1)year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's anc CONSULTANT's representatives, other representatives of the CITY, testing agencies anc governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections,tests or approvals. 3.3.2 If any federal, state or local laws anc regulations recuire any Work (or part thereof)to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work,or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those requirec by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (inclucing the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not actec with reasonable promptness in response to such notice. 13.3.5 Observations by CITY,CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General:For tests specified to be mace by the CONTRACTOR,the testing personnel shall make the necessary inspections and tests,the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five(5)copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerecuisite for the acceptance of any material or equipment. 13.3.7 If,in the making of any test of any material or equipment,it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents, the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment,or to remove it promptly from the Site or from the Work and replace it with acceptable material,without cost to the CITY. 13.3.8 Tests of electrical anc mechanical equipment anc appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection anc testing or materials furnishec under this Contract will be provided by the CONTRACTOR, unless otherwise expressly specifiec. 13.3.10 Materials and ecuipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and ecuipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be usec in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarizec anc include copies of the results of physical tests and chemical analyses, where necessary,that have been mace directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests.As soon as concitions permit,the CONTRACTOR shall furnish all labor,materials and instruments and shall make start-up tests of equipment. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 52 Page :798 of 7 13.3.14 If the start-up tests disclose any ecuipment furnishec under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is coverec contrary to the recuest of CONSULTANT,it must,if requested by CONSULTANT,be uncovered for CONSULTANT's observation arc replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT recuests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT's request shall uncover,expose or otherwise make available for observation, inspection or testing as CONSULTANT may recuire, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,CONTRACTOR shall bear all cirect,incirect and consecuential costs of such uncovering,exposure,observation,inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals),arc the CITY shall be entitlec to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof,may make a claim therefore as providec in Article 11. If however,such Work is found to be defective,CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time,or both,directly attributable to such uncovering,exposure, observation,inspection,testing anc reconstruction,anc if the parties are unable to agree as to the amount or extent thereof,CONTRACTOR may make a claim therefore as provicec in Article 11 —Change in Contract Price and Article 12—Change in Contract Time in the General Concitiors. 13.5 CITY MAY STOP THE WORK: 13.5.1 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment,or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents,the CITY may order CONTRACTOR to stop the Work,or any portion thereof,until the cause for such orcer has been eliminated,however,this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed,or if the Work has been rejectec by CONSULTANT, remove it from the Site and replace with non-defective Work. CONTRACTOR shall bear all direct, incirect,anc consequential costs of such correction or removal (including but not limited to fees and charges of engineers,architects,attorneys anc other professionals)made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply,the CITY may cc of the following: 13.6.2.1 The CITY shall correct any work so performec by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR,or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory anc in compliance with the specifications. 13.6.3 The remecies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one(1)year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal,state or local laws anc regulations,or by the terms of any applicable special guarantee required by the Contract Documents,or by any specific provision of the Contract Documents;any Work is founc to be defective,CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions,either correct such defective Work,or if it has been rejected by the CITY,remove it from the Site and replace it with non-defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage,the CITY may have the defective Work corrected or the rejected Work removed and replaced,and all direct, incirect and consecuential costs of such removal and replacement(including but not limited to fees and charges of engineers,architects, attorneys and other professionals)shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of ecuipment is placed in continuous service before Final Acceptance of all the Work,the correction perioc for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work(and carnage to other Work resulting therefrom)has been corrected,removed or replaced under this Paragraph 13.7 —"One Year Correction Period",the correction period hereunder with respect to such Work shall be extended for an additional period of one (1)year after such correction or removal anc replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Insteac of requiring correction or removal anc replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment),if CONSULTANT prefers to accept defective Work CITY may accept defective Work.If CITY accepts defective Work pursuant to this Paragraph 13.8.CONTRACTOR shall pay all claims,costs,losses and damages attributable to CITY's evaluation of and determination to accept such defective Work(such costs to be approvec by CONSULTANT as to reasonableness and to include but not limited to fees anc charges of engineers,architects,attorneys anc other professionals). Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC Wage 731 of 1017 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order shall be issuec incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate cecrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefor as providec in Article 11 —Change of Contract Price. If acceptance occurs after such recommendation,CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty(30)days after written notice of CONSULTANT to proceed to correct defective Work,or remove and replace rejected Work as recuired by CONSULTANT in accordance with paragraph 13.7.1,or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may,after seven(7)cays written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective anc remecial action,the CITY may exclude CONTRACTOR from all or part of the Work, anc suspenc CONTRACTOR's services relatec thereto, take possession of CONTRACTOR's tools, appliances, construction equipment anc machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY's Representative agents anc employees,such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All cirect, incirect anc consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work.The CITY shall be entitlec to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefore as provided in Article 11 —Change of Contract Price. Such direct,indirect anc inconsequential costs shall include but not be limited to fees and charges of engineers,architects,attorneys and other professionals,all court costs,anc all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remecial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION: 14.1 SCHEDULE OF VALUES 14.1.1 The schecule of values establishec as proviced in Paragraph 2.9—Finalizing Schedules,shall serve as the basis for progress payments anc shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The cuantities for payment under this Contract shall be cetermined by actual measurement of the completed items in place, ready for service anc accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials, labor,tools anc equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimatec by the CONSULTANT,or from the action of the elements or from any unforeseen difficulties which may be encounterec during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes,labor,equipment,materials,commissions,transportation charges and expenses,patent fees anc royalties,labor for hancling materials during inspection,together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal,state or local law, at the end of each calendar month,the CONTRACTOR shall submit to the CONSULTANT for review,an Application for Payment(AFP)fillec out and signed by the CONTRACTOR,covering the Work completed as of the date of the Application anc accomplishec by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specifiec in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculatec based upon the above-mentioned sub-total. 14.3.3 The CONTRACTOR shall list each Change Orcer executed prior to date of submission,at the end of the continuation sheets and shall list by Change Orcer Number,and description,as for an original component item of work. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 54 Page :792 of 7 14.3.4 As provided for in the Application for Payment(AFP)form,the CONTRACTOR shall certify for each current pay request that all previous progress payments receivec from the CITY,under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporatec into the Work are free anc clear of all liens,claims,security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment(AFP)like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporatec in the Project or not,shall have passed to the CITY prior to the making of an Application for Payment,free and clear of all liens,claims,security interests and encumbrances(hereafter in these General Conditions referred to as"Liens"),and that no work or equipment covered by an Application for Payment shall have been acquirec by the CONTRACTOR or by any other party performing the Work at the Site or furnishing ecuipment for the Project,subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall,within ten (10)days after receipt of each Application for Payment,either indicate in writing,a recommendation of payment and present the Application to the CITY,or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Thirty(30)days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation,the amount recommended shall(subject to the provisions of the last sentence of paragraph 14.5.4)become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommencation of any payment recuested in the Application for Payment shall not prohibit the CITY from withholding payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions prececent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10,Final Payment and Acceptance,have been fulfilled. 14.5.4 CONSULTANT may refuse to recommenc in whole or any part of any payment if,in CONSULTANT's opinion,it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discoverec evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended,to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss,including but not limited to: 14.5.4.1 The Work is defective or completec Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been requirec to correct defective Work or complete Work pursuant to Paragraph 13.9,or 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive(CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work,or there are other items entitling the CITY to credit against the amount recommendec but the CITY must give CONTRACTOR written notice(with a copy to CONSULTANT)stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is recuested cannot be verifiec by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable filing thereof. 14.5.8 Upon unsatisfactory obligation of the Work,including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon Iiquidatec damages payable by the CONTRACTOR,or 14.5.11 Upon any other violation of,or failure of CONTRACTOR to comply with,the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR consicers the entire Work reacy for its intended use, the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY,the CONSULTANT anc the CONTRACTOR shall make an inspection of the Work within fifteen(15)calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete,the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete,the CONSULTANT shall prepare and deliver to the CITY for its execution anc recordation,the Certificate of Substantial Completion,signed by the CONSULTANT and CONTRACTOR,which shall affix the Date of Substantial Completion. Boynton Beach Utilities—Cured-In—Place Pipe Linin CI PP GC 5 7 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the"punch list",pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work,or the restoration of any camaged work except such as may be causec by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion,the CITY,with the approval of the CONSULTANT and with written notice to the CONTRACTOR,may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finishec part of the Work,which has specifically been identified in the Contract Documents,or which the CITY, CONSULTANT,anc CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work,may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may recuest CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be reacy for its intencec use anc substantially complete. If CONTRACTOR agrees,CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR consicers any such part of the Work ready for its intended use and substantially complete anc request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen(15) days after either such recuest,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time,request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen(15) days thereafter,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY,CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY anc CONTRACTOR together with a written recommendation as to the division of responsibilities pending final jucgment between the CITY anc CONTRACTOR with respect to security, operation,safety, maintenance, utilities, insurance, warranties anc guarantees for that part of the Work which shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work,the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete,CONSULTANT shall make a final inspection with the CITY anc CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete,defective,or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions,schedules,guarantees, Bonds,certificates of inspection,marked-up record documents(as provided in Paragraph 14.6,Substantial Completion)anc other documents-all as required by the Contract Documents,and after CONSULTANT has indicated in writing that the Work is acceptable anc has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by:(i)all documentation called for in the Contract Documents,including but not limited to the evidence of insurance required,(ii)consent of the surety,if any,to final payment,and(iii)complete and legally effective releases or waivers (satisfactory to CITY)of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approvec changes thereto,anc receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation;the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper,and using all of the care anc judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant,shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations uncer the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work anc that it appears,to the best of the CONSULTANT's knowledge and belief, to conform to the Contract Drawings, Specifications anc any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled,and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However,it is agreec by the CITY anc the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition,and does not render the CONSULTANT or the CITY liable for any faulty Work done or cefective materials or equipment used by the CONTRACTOR. Boynton Beach Utilities—Cured-In—Place Pipe Linin CI PP GC 5 7 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her fincings as to any deficiencies therein. After receipt anc acceptance by the CITY of the properly executed Final Warranty of Title anc after approval of the CONSULTANT's estimate and recommendation to the CITY,the CITY shall make final payment to the CONTRACTOR of the amount remaining after cecucting all prior payments anc all amounts to be kept or retained under the provisions of the Contract Documents,or as may be lawfully retainec,including but not limitec to,Liquidated Damages,as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty(30)days after approval by the CITY of the Application for Final Payment,the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR,except claims arising from unsettled Liens from defective Work appearing after final inspection,pursuant to Paragraph 14.8,Final Inspection,from failure to comply with the Contract Documents or the terms of any special guarantees specifiec therein, or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds,and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florica Statutes§218.735(7)(a)(ii),punchlist procedures to render the Work complete,satisfactory and acceptable are established as follows: 14.12.1 Within fifteen(15)days of Substantial Completion of the construction services purchased as defined in the Contract,CONTRACTOR shall schecule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist ("Punchlist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR, CONSULTANT anc CITY curing the Substantial Completion Walkthrough. Completion of the Work as definec by the Contract,again precicatec upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough. At its option,CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to adcress anc complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself,or thereafter for a perioc of thirty(30)days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty(30)days following the scheculed Substantial Completion Walkthrough,CONTRACTOR shall again initiate and request a seconc walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist anc to supplement that list as necessary(based,for example,upon work which may have been damagec as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist)and for the purpose of ceveloping a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty(30)days from the cate of reaching Substantial Completion of the construction services or as defined in the Contract Documents. 14.12.5 In no event may the CONTRACTOR recuest payment of final retainage under Florida Statutes§218.735(7)(d)until the CONTRACTOR considers the Final Punchlist to be 100%complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty(30)days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item containec on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100%complete. 14.12.8 CONTRACTOR acknowledges anc agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of icentified non-conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generatec lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion,and to allow for the CONTRACTOR to acdress needec areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowlecges anc agrees that in calculating 150%of the amount which may be withheld by CITY as to any Final Punchlist item for which a gooc faith basis exists as to it being complete,as provided for by Florida Statutes§218.735(7)(d),CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services neeced or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity,but rather total costs are based upon the value(i.e.cost) of completing such work activity basec upon market concitions at the time of Final Punchlist completion. 14.13 REDUCTION OF RETAINAGE PROCEDURES: 14.13.1 CONTRACTOR may request a recuction of retainage pursuant to Florida Statutes§218.735(7)(d). The term"Fifty Percent Completion"as stated in Florida Statutes§218.735(7)(8)(b)shall be cefined as follows in lieu of any other definition: 14.13.1.1 "Fifty Percent Completion" of the Work is definec as that point in time where 50% of the overall value of Work items incorporatec anc which shall remain in place subsequent to final completion of the Work have been completed,based upon the Schecule of Values containec in the Contract. As such,and by way of example,the value of CONTRACTOR's mobilization, general concitions, supervision or like items which do not involve permanent incorporation of Work, do not apply to the determination of"Fifty Percent Completion"of the Work for purposes of establishing entitlement to a reduction of retainage. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 57 Page :795 of 7 14.13.2 With regarc to any contract for construction services,the CITY may withhold from each progress payment made to the CONTRACTOR an amount not exceeding ten(10%)percent of the payment as retainage until fifty(50%)completion of such services. 14.13.3 After fifty(50%)percent completion of the construction services,pursuant to the Contract,the CITY must reduce to five(5%)percent the amount of retainage withheld from each subsecuent progress payment made to the CONTRACTOR. For purposes of this subsection,the term"Fifty(50%)percent completion"has the meaning set forth in the Contract between local governmental entity and the CONTRACTOR or, if not cefined in the Contract, the point at which the local governmental entity has expended fifty (50%) of the total cost of the construction services as identifiec in the Contract, together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in the Contract. 14.13.4 After fifty(50%) completion of the construction services purchased pursuant to the Contract, the CONTRACTOR may elect to withhold retainage for payments to its subcontractors at a rate higher than five(5%)percent.The specific amount to be withhelc must be determined on a case-by-case basis and must be based on the CONTRACTOR's assessment of the subcontractor's past performance,the likelihood that such performance will continue,anc the CONTRACTOR's ability to rely on other safeguards. The CONTRACTOR shall notify the subcontractor, in writing,of its determination to withholc more than five(5%)of the progress payment and the reasons for making that determination and the CONTRACTOR may not request the release of such retained funds from the CITY. 14.13.5 After fifty(50%)percent completion of the construction services purchased pursuant to the Contract,the CONTRACTOR may present to the CITY a payment request for up to one-half(1/2) of the retainage held by the CITY. The CITY shall promptly make payment to the CONTRACTOR, unless the CITY has grouncs, pursuant to paragraph (f), for withholding the payment of retainage. If the CITY makes payment of retainage to the CONTRACTOR under this paragraph which is attributable to the labor,services or materials supplied by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.6 This section does not prohibit the CITY from withholding retainage at a rate less than ten(10%)percent of each progress payment,from incrementally recucing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor,services,or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor,services,or materials supplies by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors anc suppliers. 14.13.7 This section does not recuire the CITY to pay or release any amounts that are subject of a good faith dispute,the subject of a claim brought pursuant to Florica Statutes§255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.8 The time limitations set forth in this section for payment requests,apply to any payment request for retainage made pursuant to this section. 14.13.9 Paragraphs 14.13.2 through 14.13.6 co not apply to construction services purchased by the CITY which are paid for, in whole or in part, with feceral funds anc are subject to feceral grantor laws anc regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.10 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is$200,000 or less. 14.13.11 All payments dues uncer this section anc not mace within the time periods specified by this section shall bear interest at the rate of one (1%)percent per month,or the rate specifiec by contract,whichever is greater. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK:The CITY may,at any time and without cause,suspend the Work or any portion thereof for period of not more than ninety(90)days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumec. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to any suspension,CONTRACTOR may make a claim as provided in Articles 11 (Change of Contract Price)anc Article 12(Change of Contract Time)of the General Conditions. 15.1.2 THE CITY MAY STOP WORK:The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition.A verbal Stop Work orcer shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events. 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code(Title 11,United States Code),as now or hereafter in effect,or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other feceral or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filec against CONTRACTOR under any chapter of the Bankruptcy Code(Title 11,United States Code)as now or hereafter in effect at the time of filing,or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors, Boynton Beach Utilities—Cured-In—Place Pipe Linin CI PP GC 5 7 15.2.1.4 Ifat rustee,receiver,custodian or agent of CONTRACTOR is appointed under applicable law or under Contract,whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general acministration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR acmits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accorcance with the Contract Documents(including but not limited to,failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revisec from time to time); 15.2.1.7 If CONTRACTOR disregares any federal, state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR cisregares the authority of CONSULTANT;or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination,the CITY may take possession of the premises and all materials,tools,and appliances,thereon and finish the Work by whatever methoc it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project anc for reimbursement for camages incurred. The CITY may take possession of and use any materials, plant,tools,equipment,and property of any kinc furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitlec to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work(including additional managerial anc acministrative services, plus the CITY's direct, indirect and consequential losses), exceeds the unpaid balance on the Contract,the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demanc. The expense incurrec through the CONTRACTOR's default,shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR anc its surety or sureties for such damages and costs is joint and several.The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause anc it is subsequently determined that any such determination was improper,unwarranted,or wrongful,then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitlec to no camages,allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, any anc all claims for consequential damages, loss of bonding capability, destruction of business,unabsorbec home office overhead,lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminatec by the CITY,the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven(7)days prior written notice to the CONTRACTOR,and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completec as of the Date of Termination,plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurrec for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR,not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or camages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the CONTRACTOR can show proof of such purchases prior to notice of termination)inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY,the CITY may require the CONTRACTOR promptly to assign to it,all or some subcontracts, construction, plants, materials tools, ecuipment, appliances, rental agreements, and other commitments which the CITY,in its sole discretion,chooses to take by assignment,anc in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment:In the case of termination of this Contract before completion,for any cause whatever,the CONTRACTOR,if notified to co so by the CITY or CITY's Project Manager,shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 59 Page :7971- OF 7 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety(90)days by the CITY,or under an orcer of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submittec, or the CITY fails to pay any sum finally determinec to be due within sixty(60)days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven(7)days written notice to the CITY and CONSULTANT,terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments,allocable to the Work completec as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment,anc in such event,the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In accition anc in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failec to make any payment as aforesaid,CONTRACTOR may upon seven(7)days written notice to the CITY anc CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations uncer Paragraph 6.24—Continuing the Work,to carry on the Work in accordance with the progress schecule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16-DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract,shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times,the CONTRACTOR shall carry on the Work anc maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives,pending a final resolution of the dispute,including,if necessary,any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's cesignee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary,so grossly erroneous as to necessarily imply bac faith,or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract,the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evicence in any subsequent proceeding concerning the disputed issue. ARTICLE 17—MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices, recuests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as electec by the person giving such notice)hanc delivered by messenger or courier service,or mailed by registered or certified mail(postage prepaid)return receipt recuestec,acdressed to To CITY: User Department 100 E.Boynton Beach Boulevarc Boynton Beach,Florica 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E.Boynton Beach Boulevarc Boynton Beach,Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intencec. 17.2 COMPUTATION OF TIME. 17.2.1 When any period of time is referrec to in the Contract Documents by days,it shall be computed to exclude the first and include the last day of such pericc. If the last cay of any such period falls on a Saturday or Sunday or on a federal or state legal holiday,such day shall be omitted from the computation. Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 60 Page ;798 of 189 7 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error,omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable,claim shall be made in writing to the other party within seven(7)calendar days of the first observance of such injury or damage.The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties anc obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR by Sections 6—Contractor's Responsibilities, Section 13—Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14—Payments to Contractor and Completion, and Section 15—Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereuncer,are in addition to anc are not to be construed in any way as a limitation of,any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal,state and local laws or regulations,by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents,and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building anc construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety anc health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarced in accorcance with the safety provisions of the"Manual of Accident Prevention in Construction"as publishec by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes§255.04,which requires that on public building contracts,Florida products and labor shall be usec whenever price anc quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor cescribed in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial anc workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails,refuses,or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project,or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the orcer of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract anc re-let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading,cemotion or transfer,recruitment acvertising,layoff or termination,rates of pay or other form of compensation,and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG-FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug-Free Workplace and have their Drug-Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES. 17.10.1 Pursuant to Florida Statutes§287.133,as amenced,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,may not submit a Bic on a contract with a public entity for the construction or repair of a public building or public work,may not submit Bids on leases of real property to a public entity,may not be awarced to perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity in excess of the threshold amount providec in Florida Statutes§287.017 for CATEGORY TWO or higher for a period of thirty- six(36)months from the date of being placed on the convictec vendor list. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 61 Page :799 of 7 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder,or any part thereof,shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY, to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance arc Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpretec as a whole unit anc section headings are for convenience only.All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County,Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be includec in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY curing the contract perioc may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorizec use of a Purchasing Carc to expecite small dollar purchases for materials,supplies and other items needed for daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cares as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to cebar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a perioc commensurate with the seriousness of the causes,generally not to exceed three(3)years. When the offense is willful or blatant,a longer term of cebarment may be imposed,up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be toleratec in or near CITY buildings. Nor shall violation of Federal,State and local laws and policies regarding Drug-Free Workplace be toleratec. Violators shall be subject to immediate termination. 17.16.2 "Firearm" means any weapon (including a starter gun or antique firearm)which is designed to,or may readily be converted to expel a projectile by the action of an explosive,the frame of receiver of any such weapon,any destructive device,or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub-Contractor is found to have brought a firearm on CITY property, such employee must be terminatec from the Project by the CONTRACTOR or Sub-Contractor. If the Sub-Contractor fails to terminate such employee,the Sub- Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminatec. 17.17 PRODUCT RECALL: 17.17.1 In the event the CONTRACTOR receives notice that a procuct delivered by the CONTRACTOR to the CITY has been recalled,seized, or embargoec, anc/or has been cetermined misbranced, aculterated, or found to be unfit for human consumption by a packer, processor, subcontractor,retailer,manufacturer,or by any state or federal regulatory agency,the CONTRACTOR shall notify the CITY's Procurement Services Division within two(2)business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non-conforming shall not in any way impact,negate,or diminish the CONTRACTOR's duty to notify the CITY,CONSULTANT and CITY's Procurement Services Division that the affectec procuct has been recalled, seized or embargoed, and/or has been determined to be misbrandec,adulteratec, or founc to be unfit for human consumption. The form and content of such notice to the CITY shall include the name arc description of the affectec product,the approximate date the affected product was delivered to the CITY,the bid number,and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY,if necessary to protect the health,welfare,and safety of CITY employees,and any health hazards known to the CONTRACTOR which may be causec or created by the affectec product. 17.17.2 The CONTRACTOR shall,at the option of the CITY's Procurement Services Division, either reimburse the purchase price or provide an ecuivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement of the affectec product within the time specifiec by the CITY,without causing significant inconvenience to the CITY. Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 62 el 7 17.17.3 At the option of the CITY,the CONTRACTOR may be required to reimburse storage,disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected procuct. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY,without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies arc contents of any proposal, attachment, anc explanation thereof submitted in response to this Invitation to Bid (except copyright material),shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use,at its discretion,and in any manner it deems appropriate,any concept, icea,technicue or suggestion contained therein. All copyright and industrial/commercial proprietary, conficential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protectec until awarc of contract,in accorcance with Florica Statutes,Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and conficential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract,or the application thereof to any person or circumstances shall to any extent be held invalic or unenforceable,the remaincer of this Bic or Contract,or the application of such terms or provisions to persons or circumstances other than those as to which it is helc invalic or unenforceable,shall not be affected,and every other term provision of this Bid/Contract shall be ceemed valic anc enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally awarc publicly-fundec contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions contained in U.S. C. Section 1324a(e) (Section274A9e) of the Immigration and Nationality Act(INA). The CITY shall consicer the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards: Any reference to published specifications or standards of any organization or association shall comply with the recuirements of the specifications or standares which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or stancares,the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referencec specifications or standards and the Contract Documents,the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associatec Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Boarc Procucts Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti-Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associatec General Contractors of America ALMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials Association Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 63 —6 4AJ 7 AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association (NowANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating,Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing anc Materials AWG American Wire Gauge AWI Architectural Woccwcrk Institute AWPA American Wood Preserver's Association AWPB American Wooc Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builcers Hardware Manufacturer's Association BIA Brick Institute of America(Formerly,SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Stancard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Stancard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer anc/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluic Control Institute FEC Florida East-Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fec Spec Federal Specification FPL Florida Power anc Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartforc Steam Boiler Inspection anc Insurance Co. ID Inside Diameter IEEE Institute of Electrical anc Electronic Engineers IFI Incustrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System Boynton Beach Utilities—Cured-In—Place Pipe Lining(CI PP)GC 64 Page :742 of 7 MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders'Hardware Association NBS National Bureau of Stancares NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Coce NECA National Electrical Contractors' Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threacs NSC National Safety Council NSF National Sanitation Foundation OD Outsice Diameter OSHA U.S. Department of Labor, Occupational Safety arc Health Administration PCA Portlanc Cement Association PCI Pre-stressec Concrete Institute PS United States Procucts Standards PSI Pouncs per Scuare Inch PSIA Pouncs per Square Inch Atmosphere PSIG Pouncs per Scuare Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association Sill Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolcirg anc Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aic Series TCA The Council America TDH Total Dynamic Head TH Total Heac UBC Uniform Building Code UL Underwriter's Laboratories,Inc. USACE United States Army Corps of Engineers USASI United States of American Stancares Institute Boynton Beach Utilities—Cured-In—Place Pipe Lining(Cl PP)GC 65 Page :7480 OF 1 7 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation-to-Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials(ASTM International) AWG American Wire Gauge BD Building distributor(replacing main-cross connect and MDF as"building service"(room identifiers) BICSIO Building Industry Consulting Service International,Inc. BTU British Thermal Unit CATV Community Antenna Television(Cable Television) CD Campus distributor(replacing main-cross connect and MDF as"campus-wide service"room identifiers). Also,compact disk for storage of audio or video information. dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene-polypropylene-diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room,Replacing"TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor(replacing network room,intermediate and horizontal cross-connect,and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far-End Crosstalk FOTP Fiber Optic Test Procedure Frec Frequency GE Ground equalizer(replacing TBBIBC)Gnd Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross-Connect(replaced by floor distributor"FD") HH Handhole HVAC Heating,Ventilation,and Air-Concitioning Hz Hertz IC Intermeciate Cross-Connect(replaced by"BD"or"FD" IEEE Institute of Electrical anc Electronics Engineers IMC Intermeciate metal concuit ISO International Organization for Standarcization ISP Inside Cable Plant LFMC Licuidtight flexible metal conduit LFNC Licuidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross-Connect (replacec by campus cistributor"CD") MDF Main Distributor Frame(replacec by"CD"or"BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Coce,C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) GC 66 Page :744 of 7 OSHA Occupational Safety anc Health Acministration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registerec Communications Distribution Designer RFI Racio Frequency Interference RH Relative Humidity RNC Rigic nonmetallic conduit SM Single Mcce TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Boncing Backbone Interconnecting Boncing Conductor (replaced by grounc equalizer"GE") TE Telephone Equipment (Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications lncustryAssociation TMGB Telecommunications Main Grouncing Buss Bar TR Telecommunications Room(being replacec with"ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights arc Measures shall be identiflec by Weights and Measures Division,NIST.,U.S. Department of Commerce, 100 Bureau Drive,Stop 2600,Gaithersburg,MD 20899-26. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) GC 67 Page ;745 OF 7 SPECIAL CONDITIONS CURED-IN-PLACE PIPE LINING (CIPP) PALM BEACH LEISUREVILLE PHASE 5.2 RFQ No.: 057-2821 -16/TP ITB 02-CIPP-18/TP k t Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) Special Conditions 67 Page :746 OF 7 ti TABLE OF CONTENTS CURED-IN-PLACE PIPE LINING (CIPP) SPECIAL CONDITIONS SECTION 01000-GENERAL REQUIREMENTS SECTION 01010-SUMMARY OF PROJECT SECTION 01025- MEASURMENT AND PAYMENT PROCEDURES SECTION 01027-APPLICATION FOR PAYMENT SECTION 01041 - PROJECT COORDINATION SECTION 01065- PERMITS AND FEES SECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES SECTION 01200- PROJECT MEETINGS SECTION 01310- PROGRESS SCHEDULE SECTION 01340-SHOP DRAWINGS, WORK DRAWINGS AND SAMPLES SECTION 01505- MOBILIZATION SECTION 01540-SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS SECTION 01570- MAINTENANCE OF TRAFFIC SECTION 01600- MATERIALS AND EQUIPMENT SECTION 02322- DEWATERING AND DRAINAGE Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP)Special Conditions TOC-68 TABLE OF CONTENTS Page :74F Of 181.) 7 ti SECTION 01000 - GENERAL REQUIREMENTS PART 1 -GENERAL and Execution Parts modify and supplement the General Requirements by detailed 1.01 DESCRIPTION requirements for the work and shall always govern whenever there appears to be a conflict. A. Scope of Work: The work to be done consists of the furnishing of all labor, materials and B. Intent: equipment, and the performance of all work included in this Contract. The summary of the 1. Work not specified in the Specifications, but Work is presented in Section SCO1010: involved in carrying out their intent or in the Summary of Project. complete and proper execution of the work, is required and shall be performed by the B. Work Included: Contractor as though it were specifically delineated or described. 1. The Contractor shall furnish all labor, superintendence, materials, plant power, 2. The silence of the Specifications as to any light, heat, fuel, water, tools, appliances, detail, or the omission from them of a detailed equipment, supplies, and means of description concerning any work to be done and construction necessary for proper materials to be furnished, shall be regarded as performance and completion of the work. meaning that only the best general practice is to The Contractor shall perform and complete prevail and that only material and workmanship the work in the manner best calculated to of the best quality is to be used, the promote rapid construction consistent with interpretation of these Specifications shall be safety of life and property and to the made upon that basis. satisfaction of the Consultant,and in strict accordance with the Contract Documents. 1.03 MATERIALS AND EQUIPMENT The Contractor shall clean up the work and maintain it during and after construction, A. Manufacturer: until accepted, and shall do all work and pay all costs incidental thereto. The 1. All transactions with the manufacturers or CONTRACTOR shall repair or restore all subcontractors shall be through the Contractor. structures and property that may be damaged or disturbed during performance 2. Any two (2) or more pieces of material or of the work. equipment of the same kind, type or classification,and being used for identical types 2. The cost of incidental work described in of service, shall be made by the same these Contract Requirements, for which manufacturer. there are no specific Contract Items, shall be considered as part of the general cost B. Delivery: of doing the work and shall be included in the prices for the various Contract Items. 1. The Contractor shall deliver materials in ample No additional payment will be made quantities to insure the most speedy and aforementioned incidental work. uninterrupted progress of the work so as to complete the work within the allotted time. 3. The Contractor shall provide and maintain such modern plant, tools, and equipment 2. The Contractor shall also coordinate deliveries as may be necessary, in the opinion of the in order to avoid delay in,or impediment of,the Consultant,to perform in a satisfactory and progress of the work of any related Contractor. acceptable manner all the work required by this Contract. Only equipment of 1.04 INSPECTION AND TESTING established reputation and proven efficiency shall be used. The Contractor A. General: shall be solely responsible for the adequacy of its workmanship, materials, 1. For tests specified to be made by the and equipment. Contractor, the testing personnel shall make the necessary inspections and tests 1.02 CONTRACT DOCUMENTS and the reports thereof shall be in such form as will facilitate checking to determine A. The Technical Specifications consist of three(3) compliance with the Contract Documents. parts: General, Products and Execution. The Five (5) copies of the reports shall be General part of a Specification contains General submitted and authoritative certification Requirements which govern the work. Products thereof must be furnished to the Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1000-69 GENERAL REQUIREMENTS Page :748 of 1 7 Consultant as a prerequisite for the D. Start up Tests acceptance of any material or equipment. 1. As soon as conditions permit, the Contractor 2. If,in the making of any test of any material shall furnish all labor, materials, and or equipment, it is ascertained by the instruments and shall make start-up tests of Consultant that the material or equipment equipment. does not comply with the Contract Documents,the Contractor will be notified 2. If the start-up tests disclose any equipment thereof and he will be directed to refrain furnished under this Contract which does not from delivering said material or equipment, comply with the requirements of the Contract or to remove it promptly from the site or Documents, the Contractor shall, prior to from the work and replace it with demonstration tests, make all changes, adjustments and replacements required. The acceptable material, without cost to the furnishing Contractor shall assist in the start-up CITY. tests as applicable. 3. Tests of electrical and mechanical 1.05 CARE AND PROTECTION OF PROPERTY equipment and appliances shall be conducted in accordance with the The Contractor shall be responsible for the recognized federal,state and local law test preservation of all public and private property, and codes and manufacturer recommendation. shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is B. Costs: done to public or private property by or on account of any act, omission, neglect, or misconduct in the 1. All inspection and testing of materials furnished execution of the work on the part of the Contractor, under this Contract will be provided by the such property shall be restored by the contractor, at Contractor, unless otherwise expressly his expense, to a condition similar or equal to that specified. existing before the damage was done, or he shall make good the damage in other manner acceptable 2. Materials and equipment submitted by the to the Consultant. Contractor as the equivalent to those specifically named in the Contract may be 1.06 MEASUREMENT AND PAYMENT tested by the CITY for compliance. The Contractor shall reimburse the CITY for the Payments will be made on completion of each phase expenditures incurred in making such tests of of the Work and acceptance by the CITY shall be materials and equipment which are rejected for made pursuant to this Contract. non-compliance. 1.07 WORKING HOURS: C. Certificate of Manufacture: 1. Working on this Contract shall be 1. Contractor shall furnish Consultant authoritative conducted during normal working hours (7:00 evidence in the form of Certificate of AM to 5:00 PM)on weekdays.Unless otherwise Manufacture that the materials to be used in the authorized in writing by the Project Manager, work have been manufactured and tested in no work shall be performed on weekends, on conformity with the Contract Documents upon City observed holidays or between 5 00 PM and 7:00 AM on weekdays. Project completion. 2. Construction observation and/or inspection 2. These certificates shall be notarized and shall services needed beyond normal working hours include copies of the results of physical tests as defined above shall be paid for by the and chemical analyses, where necessary, that Contractor at an hourly rate of$100.00 for each have been made directly on the product or on inspector providing such services. similar products of the manufacturer. PART 2- PRODUCTS(NOT USED) PART 3- EXECUTION (NOT USED) END OF SECTION Boynton Beach Utilities— SC01000-70 SUMMARY OF PROJECT Page ;749 OF 7 SECTION 01010-SUMMARY OF PROJECT 1.02 RELATED REQUIREMENTS PART 1 -GENERAL 1.01 WORK COVERED BY CONTRACT A. Section SC01025: Measurement and DOCUMENTS/REQUIREMENTS INCLUDED Payment A. The work under this project consists of: The B. Construction Facilities and Temporary CITY of Boynton Beach is seeking Bids for the Controls: Section SC01500 services of our Pre-qualified contractors for the installation of cured-in-place pipe liner C. Restoration of Surface Improvements: using a resin-impregnated flexible tube Section SCO2960 method that is formed to the original conduit by use of a hydrostatic head. Rehabilitations 1.03 CONTRACTS will be made to the City's Wastewater System and generally consist of, but are not limited to A. Construct the Work in accordance with performing cleaning the existing sewer gravity Section SC01025: Measurement mains and service laterals; an internal pre- and Payment Procedures. rehabilitation closed circuit television (CCTV) inspection; furnishing and installing a cured- 1.04 CONTRACTOR'S USE OF SITE/PREMISES in-place pipe (CIPP) mainline liner; reconnection installing cleanout and lining A. Contractor shall limit their use of the and grouting of existing service laterals; premises for Work and storage, to the areas obtaining material field samples for testing; designated. preparation of inspection reports; and, performing internal closed circuit television B. Coordinate use of premise under direction of (CCTV) post-rehabilitation final inspections. CITY and/or Consultant. The work also includes, but is not limited to furnishing all labor, materials, C. Assume full responsibility for the protection equipment, maintenance of traffic, by-pass and safekeeping of Products under this pumping, removal and disposal of Contract,stored on the site. accumulated debris,site cleanup, restoration, and all incidentals as required to complete the D. Move any stored Products, under work. All work will be completed in Contractor's control, which interfere with accordance to the technical specifications. operations of the CITY,other contractors or the C. Omission of a specific item or component of a public. system obviously necessary for the proper 1.05 SAFETY AND OSHA COMPLIANCE functioning of the equipment or system shall not relieve the Contractor of the responsibility A. The Contractor shall comply in all respects of furnishing the item as part of the work at with all Federal, State and Local safety and no additional expense to the Owner. health regulations. Copies of the Federal regulations may be obtained from the U.S. D. Except as specifically noted elsewhere, Department of Labor, Occupation Safety and Contractor(s)shall provide and pay for all labor, Health Administration (OSHA), Washington, materials, equipment, tools, construction DC 20210 or their regional offices. equipment and machinery, transportation, water, heat, utilities, and temporary facilities B. The Contractor shall comply in all respects necessary for the proper execution and with the applicable Workman's Compensation completion of work. Laws. E. Concurrent with the installation of the water PART 2—PRODUCTS main, drainage or sanitary sewer improvements and when shown on the 2.1 All materials are to be MADE IN THE UNITED project construction drawings, the work STATES OF AMERICA. Allowable exceptions are includes swale development and ductile iron fittings supplied by American Cast Iron improvements on both sides of the streets in Pipe Company from Brazil, Sigma Corporation from the project area. Work includes re-grading, China, and Star-Pipe Products from the United driveway apron reconstruction and all surface States and China; and Electronic Marking System restoration. (EMS)full-range makers by 3M from Mexico. F. Restoration shall immediately follow the 2.2 SALVAGED MATERIALS acceptance of required system testing and be performed as required by Section 02960 In the absence of special provisions to the RESTORATION OF SURFACE Contract, salvaged materials, equipment or IMPROVEMENTS. supplies that occur are the property of the CITY and shall be cleaned, stored and delivered to the Boynton Beach Utilities— SC01010-71 SUMMARY OF PROJECT Page :758 of 7 CITY as directed by the CITY's Project Manager. notification prior to issuance. Contractor must submit Contractor's Notification to CITY and CONSULTANT in writing within one (1)week 2.3 CERTIFIED CHEMICALS prior to working in public Right-Of-Ways (ROW) or easements affecting for adjoining The Contractor shall use U.S. Department of property owner's property. Agriculture certified chemicals only during performance of all work under this contract. All C. The Contractor shall, prior to the chemicals used during project construction or removal of any fences, erect temporary furnished for project whether herbicide, pesticide, fences to secure the owner's property.These disinfectant, polymer, reactant or other temporary fences shall be of 4' high woven classification, must show approval of either EPA or wire (2" x 4" grid), on the T line post 10' on USDA and be accompanied by an MSDS. Use of centers. These fences shall run along the all such chemicals and disposal of residue shall be easement line and will remain in place until in strict conformance with manufacturer's the permanent fence is re-erected. instructions. PART 3—EXECUTION D. The Contractor shall not start major construction activities, such as pipeline and 3.1 CONTRACTOR SUPERVISION structure excavations, or preparation for major activities, such as setting wellpoints A. As required by the Contract Documents, the and header pipe, just prior to extended Contractor's Project Representative holiday periods such as the typical week (Superintendent) shall be on site at all times taken off at the end of each year. and actively engaged in controlling and coordinating all on site project activities 3.3 NPDES COMPLIANCE including direction and oversight of self- performed and subcontractor work activities. A. Prior to the commencement of work, the Contractor must obtain the permit coverage B. The Superintendent/Contractor's Project for stormwater discharge from large and Representative shall have the full authority to small construction activities and must receive instructions to execute the orders or implement appropriate pollution prevention directions of the CITY and Consultant. techniques and SWPPP to minimize erosion and sedimentation to properly manage the 3.2 GENERAL stormwater runoff. The Contractor shall prepare a NPDES Site Plan including A. The Contractor shall, prior to entering any sketches and Best Management Practice section, prepare Pre Construction video and procedures for review and comment from the digital photographs, in accordance with Project Manager. The NPDES Site Plan shall Section 01390 VIDEO SITE SURVEY, of include the control of stormwater,ground water each property and Right-of-Way (ROW) and subsurface water during dewatering areas to determine existing site conditions. operations. Together the video and photographs will provide the basis for the condition of (DEP adopted Rule 62-621.300 (4), restoration required in Section 02960 F.A.C., with specific provisions for RESTORATION OF SURFACE requesting permit coverage for the IMPROVEMENTS. management of stormwater discharge from large and small construction B. The Contractor shall notify all property activities.) owners/residents forty-eight(48)hours prior to working in public Rights-of-Way or B. The permit coverage for construction easements affecting or adjoining their activities is to be obtained by submitting DEP properties. Notification shall be by hand- form 62-621.300 (4) (b) Notice of Intent (NOI) delivered flyer that shall contain the following to Use Generic Permit for Stormwater information: Discharge from Large and Small Construction Activities and by preparing and implementing 1. Project Name a Stormwater Pollution Prevention Plan (SWPPP). After construction is complete, 2. Date of Commencement Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by 3. Description of work utilizing form 62-621.300(6). 4. Name of contractor C. For additional information contact NPDES Stormwater Section at: 5. Name of Contractor's Representative Florida Department of Environmental 6. Local Phone Number of Contractor's Protection Representative Tallahassee, FL 32399-2400 (850)921-9904 The CITY must approve the Contractor's Boynton Beach Utilities— SC01010-72 SUMMARY OF PROJECT 3.4 PROTECTION OR REMOVAL OF UTILITY LINES D. Existing Utility Lines to be Retained:Contractor shall repair damaged lines that are not shown on A. Prior to construction the Contractor shall drawings, or locations of which are not known to Locate for physical location,elevation and Contractor in sufficient time to avoid further damage. Dimensions and adequately uncover existing E. Uncharted or incorrectly charted underground utilities that utilities, (within the path of its proposed work), are discovered during construction shall be incorporated to determine possible conflicts. By starting into the project As-Builts with vertical and horizontal underground constructions,the Contractor has coordinates. agreed that it is fully responsible for all damages and/or delays that may arise from not F. Prior to commencement of any excavation, the having adequately locating the underground Contractor shall comply with Florida Statute 553.851 for utilities. This applies to underground utilities the protection of underground gas lines and underground that are shown on the project construction telecommunication lines. drawings and those that have been physically marked in the field by the various locating organizations or agencies. B. Information provided on the plans may be END OF SECTION used as an approximate guide to assist the Contractor; however, the Contractor shall rely on actual field investigation to assure that all of the existing utilities are accurately located prior to commencement of its work. C. Existing structures reflect the best available information, but it shall be the Contractor's responsibility to acquaint itself with all information and to avoid conflict with existing conditions. Contractor shall protect all existing utility lines that are to be retained, or utility line constructed during excavation operations, from damage during excavation and backfilling; if damaged, repair at Contractor's expense. Boynton Beach Utilities— SC01010-73 SUMMARY OF PROJECT 7 SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL that his proposal for the project does reflect his total price for completing 1.01 GENERAL the work in its entirety. A. The Contractor shall receive 1.02 MEASUREMENT and accept the compensation provided in the Bid and the A. The quantities for payment under Contract as full payment for this Contract shall be determined by furnishing all materials, labor, actual measurement of the tools and equipment, for completed items, in place, ready for performing all operations service and accepted by the CITY,in necessary to complete the work accordance with the applicable under the Contract, and also in method of measurement therefore full payment for all loss or contained herein. damages arising from the nature of the work, or from any 1.03 AUTHORITY discrepancy between the actual quantities of work and A. Measurement methods delineated in quantities herein estimated by the FDOT Standard Specifications for the CONSULTANT, or from the action of the elements or from Road and Bridge Construction 2000 any unforeseen difficulties Edition,or the individual specification which may be encountered sections complement the criteria of during the prosecution of the this section. In the event of conflict, work until the final acceptance the Contractor shall notify the CITY in by the CITY. writing. In determining the resolution, the CITY shall consider the B. The prices stated in the Bid requirement of the individual include all costs and expenses specification section, FDOT for taxes, labor, equipment, requirements and this Section. materials, commissions, transportation charges and B. Any requirements of the Contract expenses, patent fees and Documents, i.e., technical royalties, labor for handling materials during inspection, specifications or project construction together with any and all other drawings for which the method of costs and expenses for payment is not explicitly defined are performing and completing the considered to be incidental costs and work as shown on the Drawings should be included in other pay items and specified herein. The basis as appropriate. of payment for an item at the unit price shown in the proposal 1.04 RELATED SECTIONS: shall be in accordance with the description of that item in this A. Testing Allowance Section. C. The Contractor's attention is B. Applications for Payments: Section again called to the fact that the SC1027 quotations for the various items of work are intended to C. Shop Drawings, Working Drawings, establish a total price for and Samples—Section SC01340 completing the work in its entirety. Should the Contractor D. Schedule of Values: Section feel that the cost for any item SCO1370 of work has not been established by E. Change Order Procedures: Section the Bid Form or Payment Items, he SC01153 shall include the cost for that work in F. Field Engineering:Section SCO1050 some other applicable bid item, so Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1025-74 MEASUREMENT AND PAYMENT PROCEDURES Page :759 of 7 G. Record Drawing Requirements — the testing and/or Section SCO1705 inspecting firm's invoice and copies of the Test H. Testing Specific Utility Systems Reports with next Application for Payment to 1. Refer to Section 02513 the CITY. POTABLE WATER AND RECLAIMED WATER b. Reimbursement to the DISTRIBUTION SYSTEMS for Contractor upon proof of applicable and specific payment (to the testing requirements. Contractor is and/or inspecting firm) on responsible for all testing costs approval by the associated with these systems. CONSULTANT. 1.05 ALLOWANCES B. When other allowances, such as NPDES permit and/or SFWMD A. When a Testing Allowance is dewatering permit application fees, identified on the Schedule of Bid or coordination with FP&L/AT&T/ Items,the following applies: Comcast or other utility are identified on the Schedule of Bid Items, the 1. Costs in Testing Allowance following applies: includes engaging a certified, testing agency; execution of 1. Only those items qualified for tests; and reporting results as CITY reimbursement shall be approved by the CITY and considered. All items shall have CONSULTANT. written,advance approval of the CITY. 2. Costs not included in the Testing Allowance: 2. Payment Procedures: a. Costs of testing services a. Submit two (2) copies of used by Contractor the agreed invoicing format separate from Contract with proof of payment (as Document requirements applicable) with next Application for Payment. b. Testing agency's stand-by time. 1.06 SCHEDULE OF VALUES c. Costs of retesting upon A. Submit Schedule of Values at the failure of previous tests as Pre-Construction Meeting. determined by the CONSULTANT. B. The Schedule of Values shall be a computer generated original. When 3. Only those items qualified for the Contractor's proposed Schedule CITY's reimbursement shall be of Values is accepted by the CITY, it considered. Such items may shall become the basis for the include water quality testing of Application for Payment. dewatering activities, C. Contractor shall only revise the geotechnical, concrete strength accepted Schedule of Values to cylinders, special compaction identify, as separate line items and proctor testing, etc. All approved on a Field Order or predetermined items shall have Change Order. The CITY may issue written,advance approval of the a Field Order substituting or CITY. modifying Schedule of Value items. 4. Payment Procedures: 1.07 APPLICATIONS FOR PAYMENT a. Submit two (2) copies of A. Submit five (5) copies of each Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1025-75 MEASUREMENT AND PAYMENT PROCEDURES Pa�jle :754 of 1 7 Application for Payment (AFP). construction water meters used After certification by the during the course of the project. CONSULTANT, the CONSULTANT will retain one(1)copy,one(1)copy D. When existing Right-Of-Way(ROW) will be returned to the Contractor irrigation must be disturbed due to and three (3) copies will be pipeline installation or swale forwarded to the CITY for review, development, any existing irrigation authorization and processing. lines shall be marked on the B. Content and Format: Utilize Contractors drawings prior to or at Schedule of Values for listing items the time of temporary cutting-&- in Application for Payment outlining capping. The replacement of the following: existing irrigation in the Public Right- 1. Provide a column for each of the Of-Way as the result of pipeline following: installation or swale development is NOT a pay item. Replacement of a. Item Number existing ROW irrigation shall be incidental to the Unit Price of the b. Item Description pipeline or swale development. c. Quantity 1.08 MEASUREMENT OF AND PAYMENT FOR WORK d. Unit of measurement e. Scheduled Value A. Monthly Payments to the Contractor. The Contractor shall f. Change Orders plan its work for construction on the basis of twelve (12) monthly pay g. Work Completed: periods per year. So long as the 1. Previous Period work is prosecuted in compliance (Quantity and Value) with the provisions of the Contract, 2. This Period (Quantity the Contractor will, on or about the and Value) last day of the pay period, make an approximate estimate,in writing on a h. To Date (Quantity and form approved by the CITY of the Value) proportionate value of the work done, items, and locations of the i. Percentage of Completion work performed up to and including the last day of the period then j. Balance to Finish ending. The CONSULTANT will then review such estimate and make k.. Retainage the necessary recommendations to the Contractor for revision. The NOTE: There is no column for Contractor shall revise the "Materials Stored", the CITY Application for Payment and does not pay for items ordered resubmit to the CONSULTANT for and/or stored on site. As review and Certification. Redlined defined later in this Section, Applications for Payment will not payment for pay items are paid be accepted by the CITY. If the for once the item is installed, Contractor and the CONSULTANT measured in place, completed do not agree on the approximate and accepted. estimate of the proportionate value of the work done for any pay period, C. Application for Final Payment must the determination of the be marked FINAL. Contractor must CONSULTANT shall be binding. include in the FINAL AFP package, The amount of such estimate after proof of payment and final deducting ten percent(10%)and all settlement with the CITY with previous payments,shall be due and regards to any temporary and/or payable to the Contractor in Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1025-76 MEASUREMENT AND PAYMENT PROCEDURES Page :755 of 7 accordance with the Florida Prompt 2. If the actual Work requires more Payment Act, §218.70 Florida or fewer quantities than those Statutes, as may be amended from quantities indicated in the bid time to time. items. Contractor shall provide the required quantities at the B. Substantiating Data: When the unit sum/prices contracted. CONSULTANT requires substantiating information, D. Payment Includes: Full Contractor shall submit data compensation for required labor, justifying quantities and dollar products,tools,equipment,facilities, amounts in question. Contractor transportation, services and shall provide three(3)copies of data incidentals; erection; application or with cover letter for each copy of installation of an item of the Work; submittal showing application and overhead and profit. number and date, and line item by number and description. E. Final payment for Work governed by unit prices will be made on the basis 1.09 MEASUREMENT AND PAYMENT - of the actual measurements and UNIT PRICES quantities accepted by the CONSULTANT and CITY, multiplied A. Measurement methods delineated in by the unit sum/price for Work,which individual specification sections is incorporated in or made complement criteria of this section. necessary by the Work. In event of conflict, requirements of individual specification section 1.10 Measurement of Quantities: govern. A. Weigh Scales: Inspected,tested and B. Contractor shall take daily and certified by the applicable State of weekly measurements and compute Florida Weights and Measures quantities. The Contractor shall department within the past year. review and sign these daily and weekly measurements with the B. Platform Scales: Of sufficient size CONSULTANT. The and capacity to accommodate the CONSULTANT shall also sign-off on conveying vehicle. the weekly measurement sheets indicating the CONSULTANT's C. Metering Devices: Inspected, tested progressive concurrence with the and certified by the applicable State quantities. The Contractor shall of Florida Weights and Measures transmit the signed-off weekly Department within the past year. measurement sheets to the CONSULTANT. These D. Measurement by Weight: Concrete measurement sheets shall be used reinforcing steel rolled or formed to form the basis of the quantities steel or other metal shapes will be claimed on the Application For measured by handbook weights. Payment. Welded assemblies will be measured by handbook or scale C. Unit Quantities weight. 1. Quantities indicated in the E. Measurement by Volume: Measured Schedule of Bid Items are for by cubic dimension using mean bidding and contract purposes length, width and height or only. Quantities and thickness. measurements supplied or placed in the Work and verified F. Measurement by Area: Measured by by the Consultant and CITY square dimension using mean determine payment. length and width or radius. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1025-77 MEASUREMENT AND PAYMENT PROCEDURES Page :756 OF 1 7 G. Linear Measurement: Measured by Traffic, for establishment of linear dimension, at the item temporary offices, buildings, centerline. Minor offsets (less than safety equipment, sanitary and a total of five (5) feet) will not be other facilities and compliance measured for payment. with permit conditions for permits Measurement shall be along the secured by either the Owner or horizontal axis at finished grade. Contractor. H. Stipulated Sum/Price Measurement: 2. MOT plans shall be required for Items measured by weight, volume, work within City of Boynton Beach area, or linear means or R-O-W. combination, as appropriate, as a completed and accepted item or unit 3. Audio Video Documentation shall of the Work. be performed pre and post construction as specified in I. Payment for Work does not indicate Special Conditions SCO1390 acceptance. Work items previously VIDEO AND PHOTOGRAPHIC paid for may require additional work SITE SURVEY. effort to bring them into compliance with the requirements of the specific 4. The cost of bonds, permits, technical specifications and/or required insurance and any other project drawings. pre-construction expense necessary for the start of the work 1.11 UNIT OF MEASURE — SCHEDULE OF shall also be included in the BID PRICES General Conditions. A. Payment for furnishing and installing E. NPDES Compliance—Bid Item No. those items cited in the Schedule of Bid Items and subsequent Schedule 1. Payment for NPDES compliance of Values is noted herein. If"remove shall include the preparation of the and replace" is indicated on the NPDES Plan, development and project construction drawings (by compilation of the BMPs, site either annotation or line weight), implementation and then the item descriptions below documentation of inspections. include the removal and proper disposal of the existing items. 2. Contractor shall refer to the Schedule of Bid Items for B. Bid Item No. instructions on the method of calculation for this Pay Item. Any bidder who enters an amount C. Bid Item No. greater than the 1.5% limit for this pay item may be disqualified and the CITY and Consultant may not D. Mobilization/Demobilization, Bonds, evaluate their bid proposal. This Insurance & General Requirements — cost shall be shown on the Bid Items No. Schedule of Values. 1. Payment for the General 3. Partial payments for the NPDES Conditions shall be made per item compliance shall be made in and shall be full compensation for accordance with the following preparatory work and operations schedule: in mobilizing and demobilizing for the project including but not Percent of Original Allowable percent of limited to, those operations Contract Amount NPDES Compliance necessary for the movement of Earned personnel, equipment, supplies 10 10 and incidentals to and from the 25 25 project site, Maintenance of 50 50 Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1025-78 MEASUREMENT AND PAYMENT PROCEDURES Page :75:7 of 7 75 No additional payment Final Payment 100 F. Record Drawings—Bid Item No. 1. Payment for Record Drawings shall be made at the Contract lump sum price and shall be full compensation for preparation and maintenance of the Record Drawings as specified in technical specification 01340 SHOP DRAWING REQUIREMENTS and the requirements of this Special Conditions. 2. Partial payments for the Record Drawings shall be made in accordance with the following schedule: Percent of Original Contract Allowable percent of Lump Amount Earned Sum Price For Record Drawings 10 10 25 25 50 50 75 75 Final Payment 100 3. Contractor shall submit updated As-Built Drawings with each Pay Application Request. G. Indemnification—Bid Item No. 1. Payment under this item is in accordance with of the Front-End Contract Documents. 2 PART 2 PRODUCTS Not Used. 3 PART 3 EXECUTION Not Used. SPECIAL NOTE: The CITY retains the option to utilize up to 20% of the excess material from excavation and trenching operations. If the CITY exercises this option, Contractor shall stockpile the excess material and deliver to the CITY's facility as directed by the CITY's Representative. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1025-79 MEASUREMENT AND PAYMENT PROCEDURES Page ;758 of 7 SECTION 01027 -APPLICATIONS FOR PAYMENTS PART 1 -GENERAL 3. Execute certification with signature of a responsible 1.01 DESCRIPTION officer of Contract firm. A. Scope of Work: Submit Applications B. Continuation Sheets: for Payment to the CONSULTANT in accordance with schedule 1. Fill in total list of all scheduled established by Conditions of the component items of work, with Contract and Agreement between item number and scheduled CITY and Contractor. dollar value for each item. B. Related requirements described 2. Fill in dollar value in each elsewhere: column for each scheduled line item when work has been 1. Agreement: performed. Round off values to nearest dollar, or as specified 2. Application for Payment Form. for Schedule of Values. 3. Progress Schedules: Section 3. List each Change Order SC01310. executed prior to date of submission, at the end of the 4. Schedule of Values: Section continuation sheets. List by SCO1370 Change Order Number, and description, as for an original 5. Construction Photographs: component item of work. Section SC01380. 4. As provided for in the 6. Contract Closeout: Section "Application for Payment' form, SC01700. the Contractor shall certify, for each current pay request, that 7. Project Record Documents: all previous progress payments Section SC01720. received from the CITY, under this Contract, have been 1.02 FORMAT REQUIRED applied by the Contractor to discharge in full all obligations A. Submit applications typed on form of the Contractor in connection acceptable to CITY, Documents with Work covered by prior (Application for Payment Form),with Applications for Payment, and itemized data typed on 8-1/2 inch x all materials and equipment 11 inch or 8-1/2 inch x 14-inch white paper continuation sheets. incorporated into the Work are free and clear of all liens, 1.03 PREPARATION OF APPLICATION FOR claims, security interest and EACH PROGRESS PAYMENT encumbrances. Contractor shall attach to each Application A. Application Form: for Payment like affidavits by all subcontractors. 1. Fill in required information, including that for Change 1.04 SUBSTANTIATING DATA FOR Orders executed prior to date of PROGRESS PAYMENTS submittal of application. A. Contractor shall submit suitable 2. Fill in percent complete for each information, with a cover letter activity and dollar value to agree identifying: with respective percents. 1. Project. 2. Application number and date. 3. Detailed list of enclosures. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1027-80 APPLICATIONS FOR PAYMENT Page :759 of 7 instructions. Otherwise, the B. Submit one (1) copy of data and Contractor shall prepare and submit cover letter for each copy of to the CITY or CONSULTANT an application. invoice in accordance with the estimate as approved. CITY will pay C. The Contractor is to maintain an Contractor, in accordance with updated set of drawings to be used Florida Prompt Payment Act, as record drawings in accordance §218.70,Florida Statutes,as may be amended from time to time. with Section SCO1720: Project Record Documents. As a C. Each Application For Payment shall prerequisite for monthly progress be accompanied by an updated payments, the Contractor is to project schedule (three-week ahead submit the updated record drawings schedule) along with the for review by the CITY and the Construction/Progress photographs CONSULTANT. and Project Record Drawings in accordance with Section SCO1720: D. Each monthly application for PROJECT RECORD DOCUMENTS payment shall incorporate the and SCO1380: CONSTRUCTION corresponding "monthly progress PHOTOGRAPHS or as directed by status report" prepared per the the CITY. Any Application For requirements of Section SCO1310: Payment that is received without Progress Schedules. these items will be returned to the Contractor without review. E. Contractor shall submit a duly executed letter from surety D. The Contractor shall prepare a consenting to payment due and schedule of values by phases of progress to date. work to show a breakdown of the Contract Sum corresponding to the F. Provide construction photographs in payment request breakdown and accordance with Section SC01380: progress schedule line items. The Construction Photographs. schedule of values must also show dollar value for each unit of work 1.05 PROGRESS PAYMENT PROCEDURES scheduled. Approved Change Order items shall be added as A. The Contractor will prepare and separate line items. submit four (4) original monthly invoices for work completed during the one-month period. Application E. Prior to initial payment request, the For Payment shall be submitted in Contractor shall submit the following the format of the sample form documents to the CITY and provided by the CITY. All Consultant for their review and information must be completed for approval: the pay application to be accepted. CITY's purchase order number for 1. List of principle subcontractors the project must be placed on each and suppliers. application. The Application for Payment must be submitted at least 2. Schedule of values. three (3) days in advance in an electronic format for review by the 3. Shop drawing log. CITY and CONSULTANT for approval. Redlined Applications for Payment will not be accepted 4. Project schedule. by the CITY. 1.06 PREPARATION OF APPLICATION FOR B. If the Application for Payment and FINAL PAYMENT support data are not approved, the Contractor is required to submit new, A. Fill in Application form as specified revised or missing information for progress payments. Provide according to the CONSULTANT's information as required by the Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1027-81 APPLICATIONS FOR PAYMENT Page :768 of 7 General Conditions and Section SCO1700: Contract Closeout. PART 2- PRODUCTS(NOT USED) B. Furnish evidence of completed PART 3- EXECUTION operations insurance in accordance with the General Conditions. 3.01 Upon receipt by CONSULTANT and CITY of Contractor's written Notice of C. Provide Final Release of Lien and Final Completion of its work under this other closeout submittals as Contract, CONSULTANT and CITY shall required by the General Conditions. verify all work has been completed on the project. When all work has been verified 1.07 SUBMITTAL PROCEDURES as complete, and the Contractor submits the items listed below, the Contractor A. Submit Applications for Payment to may submit a final Application For the CITY at the time stipulated in the Payment: Agreement. Review the percents complete with the CONSULTANT A. Complete work listed as incomplete and resolve any conflicts or atthe time of Substantial Completion discrepancies. and obtain CONSULTANT certification of completed Work. B. Number of copies for each Final Application for Payment: B. Provide copy of records indicating notification to all subcontractors and 1. CITY: Two(2)copies. material suppliers of Contractor's Performance and Payment Bonds. 2. CONSULTANT: One (1)copy C. Transfer operational, access, 2. Contractor: As required for its security and similar provisions to needs. CITY; remove temporary facilities, tools and similar items. C. When the CONSULTANT finds Application properly completed and END OF SECTION correct, it will transmit the certificate for payment to the CITY, with copy for the Contractor. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1027-82 APPLICATIONS FOR PAYMENT 7 ti SECTION 01041 - PROJECT COORDINATION PART I—GENERAL c. Recommendations 1.01 REQUIREMENTS INCLUDED d. Coordination of drawings A. The Contractor shall: e. Schedules 1. Coordinate work of its f. Resolution of conflicts employees and subcontractors. 3. Interpret Contract Documents: 2. Expedite its work to assure compliance with schedules. a. Transmit written interpretations to 3. Coordinate its work with that of Contractor, and to other work by CITY. concerned parties. 4. Comply with orders and 4. Assist in Obtaining permits and instructions of CITY. approvals: 1.02 RELATED REQUIREMENTS a. Verify that Contractor and subcontractors have A. Section SCO1010: Summary of obtained inspections for Project. Work and for temporary facilities. B. Section SCO1027: Applications for Payment. 5. Control the use of Site: C. Section SCO1200: Project Meetings. a. Allocate space for Contractor's use for field D. Section SCO1310: Progress offices, sheds, and work Schedules. and storage areas. E. Section SCO1340: Shop Drawings, 6. Inspection and Testing: Work Drawings and Samples. a. Inspect work to assure F. Section SCO1500: Construction performance in accord with Facilities and Temporary Controls. requirements of Contract Documents. G. Section SC01700: Contract Closeout. b. Administer special testing and inspections of suspect 1.03 CONSTRUCTION ORGANIZATION & Work. START-UP c. Reject Work, which does A. CITY shall establish on-site lines of not comply with authority and communications: requirements of Contract Documents. 1. Schedule and conduct pre- construction meeting and d. Coordinate Testing progress meetings as specified Laboratory Services: in Section SCO1200: PROJECT MEETINGS. 1. Verify that required laboratory personnel 2. Establish procedure for: are present. a. Submittals 2. Verify that tests are made in accordance b. Reports and records with specified standards. Boynton Beach Utilities— SCO1041-83 PROJECT COORDINATION 7 ti 3. Review test reports for a. Field dimensions and compliance with clearance dimensions. specified criteria. 4. Recommend and b. Relation to available administer any space. required re-testing. c. Effect of any changes on 1.04 CONTRACTOR'S DUTIES the work of any subcontractor. A. Construction Schedules: A. Review Drawings prepared by 1. Prepare a detailed schedule of Mechanical and Electrical basic operations. subcontractors: 2. Monitor schedules as work 1. Prior to submittal to CITY, progresses: review for compliance with Contract Documents: a. Identify potential variances between scheduled and B. Prepare Coordination Drawings as probable completion dates required to resolve conflicts and to for each phase. assure coordination of the work of, or affected by, mechanical and b. Recommend to CITY electrical trades, or by special adjustments in schedule to equipment requirements. meet required completion dates. 1. Submit to CITY. c. Document changes in 2. Reproduce and distribute schedule; submit to CITY, copies to concerned parties and to involved after CITY review. subcontractors. C. Maintain reports and records at job 3. Observe work of each site, available to CITY. subcontractor to monitor compliance with schedule. 1. Daily log of progress of work. a. Verify that labor and 2. Records. equipment are adequate for the work and the a. Contracts. schedule. b. Purchase orders. b. Verify that product procurement schedules are c. Materials and equipment adequate. records. c. Verify that product d. Applicable handbooks, deliveries are adequate to codes and standards. maintain schedule. 3. Maintain file of record d. Report noncompliance to documents. CITY, with recommendation for 1.05 CONTRACTOR'S CLOSE-OUT DUTIES changes. A. Mechanical and Electrical B. Process Shop Drawings, Product equipment start-up: Data and Samples: 1. Coordinate checkout of utilities, 1. Prior to submittal to CITY, operational systems and review for compliance with equipment. Contract Documents: Boynton Beach Utilities— SCO1041-84 PROJECT COORDINATION 7 ti 2. Organize initial start-up and testing. 3. Supervise correction and completion of work of 3. Record dates of start of subcontractors. operation of systems and equipment. 1.06 CITY'S CLOSE-OUT DUTIES 4. Submit to CITY written notice of A. Final Completion: beginning of warranty period for equipment put into service. 1. When Contractor determines that work is finally complete, B. At completion of Work, conduct an conduct an inspection to verify inspection to assure that: completion of Work. 1. Specified cleaning has been B. Administration of Contract closeout: accomplished. 1. Receive and review 2. Temporary facilities have been Contractor's final submittals. removed from site. 2. Transmit to CITY with C. Substantial Completion: recommendations for action. 1. Conduct an inspection to PART 2—PRODUCTS (NOT USED) develop a list of Work to be completed or corrected. PART 3—EXECUTION (NOT USED) 2. Assist CITY in inspection. END OF SECTION Boynton Beach Utilities— SCO1041-85 PROJECT COORDINATION Page ;764 OF 7 ti SECTION 01065 - PERMITS AND FEES PART 1 —GENERAL dewatering operations. A. The Contractor shall obtain (DEP adopted Rule 62-621.300 all permits and licenses (4), F.A.C., with specific related to its work, including provisions for requesting permit but not limited to, the coverage for the management of necessary construction stormwater discharge from large permits. Cost of permit fees and small construction shall be paid by Contractor. activities.) CITY to be invoiced at actual cost without markup. B. The permit coverage for PART 2— PRODUCTS (NOT USED) construction activities is to be obtained by submitting DEP form PART 3— EXECUTION 62-621.300 (4) (b) Notice of Intent (NOI) to Use Generic 3.01 NPDES COMPLIANCE Permit for Stormwater Discharge from Large and Small A. In addition to other required field Construction Activities and by permitting, prior to the preparing and implementing a commencement of work, the Stormwater Pollution Prevention Contractor must obtain the Plan (SWPPP). After permit coverage for stormwater construction is complete, Notice discharge from large and small of Termination (NOT) to construction activities and must discontinue the permit coverage implement appropriate pollution is to be submitted by utilizing prevention techniques and form 62-621.300 (6). SWPPP to minimize erosion and sedimentation to properly C. For additional information manage the stormwater runoff. contact NPDES Stormwater The Contractor shall prepare a Section at: NPDES Site Plan including sketches and Best Management Florida Department of Practice procedures for review Environmental Protection and comment from the Project Tallahassee, FL 32399-2400 Manager. The NPDES Site Plan (850)921-9904 shall include the control of stormwater, ground water and subsurface water during END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1065-86 PERMIT AND FEES Page ;765 OF 1 Ee) 7 ti SECTION 01110 - ENVIRONMENTAL PROTECTION PROCEDURES Contractor will be required to meet all the conditions specified in the PART 1 GENERAL permits and in the Specifications. 1.1 SCOPE OF WORK D. All specific conditions attached to existing permits for this site shall A. The work covered by this Section be included in the sedimentation consists of furnishing all labor, and erosion control measures. materials and equipment and performing all work required for 1.2 APPLICABLE REGULATIONS the prevention of environmental pollution in conformance with A. The Contractor shall comply with applicable federal, state and local all applicable Federal, State and laws and regulations, during and local laws and regulations and as the result of construction applicable permits and their operations under this Contract. specific conditions concerning For the purpose of this environmental pollution control Specification, environmental and abatement. pollution is defined as the presence of chemical, physical, or 1.3 NOTIFICATIONS biological elements or agents which adversely affect human A. The CITY and/or CONSULTANT health or welfare; unfavorably alter will notify the Contractor in writing ecological balances; adversely of any non-compliance with the affect plants or animals; or foregoing provisions or of any degrade the utility of the environmentally objectionable acts environment for aesthetic and/or and corrective action to be taken. recreational purposes. State or local agencies responsible for verification of B. The control of environmental certain aspects of the pollution requires consideration of environmental protection air, water and land, and involves requirements shall notify the management of noise and solid Contractor in writing, through the waste, as well as other pollutants. CITY or CONSULTANT, of any non-compliance with State or local C. The Contractor shall schedule and requirements. The Contractor conduct all work in a manner that shall, after receipt of such notice will minimize the erosion of soils in from the CITY or Consultant or the area of the work. Provide from the regulatory agency erosion control measures required through the CITY and/or to prevent silting, muddying, or CONSULTANT, immediately take pollution of wetlands, streams, corrective action. Such notice, rivers, impoundments, lakes, when delivered to the Contractor stormwater ponds,etc. All erosion or their authorized representative control measures shall be in place at the site of the work, shall be in an area prior to any construction deemed sufficient for the purpose. activity in that area and shall be If the Contractor fails or refuses to maintained throughout comply promptly, the CITY may construction. Specific issue an order stopping all or part requirements for erosion and of the work until satisfactory sedimentation controls are corrective action has been taken. specified in Section 02270. The No part of the time lost due to any Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1110-87 ENVIRONMENTAL PROTECTION PROCEDURES 7 ti such stop orders shall be made the in the State of Florida and subject of a claim for extension of submitted to the CITY and time or for excess costs or CONSULTANT; then submitted damages by the Contractor unless and approved by the South Florida it is later determined that the Water Management District prior Contractor was in compliance. to the commencement of work requiring dewatering. Contractor 1.04 IMPLEMENTATION must comply with permits. However, no water from A. Prior to commencement of the dewatering activities may be Work, the CONTRACTOR shall discharged offsite. At the meet with the CITY and completion of the Work, ditches CONSULTANT to develop mutual shall be backfilled and the ground understandings relative to surface restored to original compliance with this provision and condition. administration of the environmental pollution control 3.2 PROTECTION OF STREAMS AND program. CANALS B. The Contractor shall remove A. Care shall be taken by Contractor temporary environmental control to prevent, or reduce to a features, when approved by the minimum, any damage to any CITY or CONSULTANT, and ditch or the stormwater outfall incorporate permanent control canal, from pollution by debris, features into the project at the sediment or other material,or from earliest practicable time. the manipulation of equipment and/or materials in or near such PART 2 - PRODUCTS (NOT USED) ditches. Water that has been used for washing or processing, or that PART 3 - EXECUTION contains oils or sediments that will reduce the quality of the water in 3.1 EROSION CONTROL the ditch, shall not be directly returned to the ditch. Such waters A. The Contractor shall provide will be diverted through a settling positive means of erosion control basin or filter approved by the such as shallow run on and run off CITY or CONSULTANT and meet ditches around construction to required standards before being carry off surface water. Erosion directed into the ditches and other control measures,such as siltation water bodies. basins, hay check dams, mulching, jute netting and other B. The Contractor shall not discharge equivalent techniques, shall be water from dewatering operations used as appropriate. Flow of directly into any live or intermittent surface water into excavated stream, channel, wetlands, areas shall be prevented. Ditches surface water or any storm sewer. around construction area shall Water from dewatering operations also be used to carry away water shall be treated by filtration, resulting from dewatering of settling basins, or other approved excavated areas. If dewatering is method to reduce the amount of necessary and exceeds SFWMD sediment contained in the water to thresholds, a dewatering plan allowable levels. must be prepared by a certified C. All preventative measures shall be Registered Professional Engineer taken by Contractor to avoid Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1110-88 ENVIRONMENTAL PROTECTION PROCEDURES Page :76:7 of 7 ti spillage of petroleum products and Contractor's equipment, dumping other pollutants. In the event of or other operations, protect such any spillage, prompt remedial trees by placing barricades around action shall be taken in them. Monuments and markers accordance with a contingency shall be protected similarly before action plan approved by the beginning operations near them. Florida Department of Environmental Protection. D. Any trees or other landscape Contractor shall submit two (2) feature scarred or damaged by the copies of approved contingency Contractor's equipment or plans to the CITY and operations shall be restored as CONSULTANT. nearly as possible to its original condition. 3.3 PROTECTION OF LAND RESOURCES All trimming or pruning shall be performed in an approved manner A. Land resources within the project by experienced workmen with boundaries and outside the limits saws or pruning shears. Tree of permanent work shall be trimming with axes will not be restored to a condition, after permitted. completion of construction that will appear to be natural and not Climbing ropes shall be used detract from the appearance of the where necessary for safety. Trees project. Contractor shall confine that are to remain, either within or all construction activities to areas outside established clearing limits, shown on the Drawings. that are subsequently damaged by the Contractor and are beyond B. Outside of areas requiring saving as determined by the CITY earthwork for the construction of and/or CONSULTANT shall be the new facilities, the Contractor immediately removed and shall not deface, injure, or destroy replaced. trees or shrubs, nor remove or cut them without prior approval from E. The locations of the Contractor's the CITY and CONSULTANT. No storage, and other construction ropes, cables, or guys shall be structures required temporarily in fastened to or attached to any the performance of the Work,shall existing nearby trees for be cleared as shown on the anchorage unless specifically Drawings. Drawings showing authorized by the CITY and storage facilities shall be CONSULTANT. Where such submitted for approval of the CITY special emergency use is and CONSULTANT. permitted, first wrap the trunk with a sufficient thickness of burlap or F. If the Contractor proposes to rags over which softwood cleats construct temporary roads or shall be tied before any rope, embankments and excavations for cable, or wire is placed. The work areas, it shall submit the Contractor shall in any event be following for approval at least thirty responsible for any damage (30) days prior to scheduled start resulting from such use. of such temporary work. C. Where trees may possibly be 1. A layout of all temporary defaced, bruised, injured, or roads, excavations and otherwise damaged by the embankments to be Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1110-89 ENVIRONMENTAL PROTECTION PROCEDURES Page :768 of 7 ti constructed within the work work areas within or without the area. project boundaries free from dust which could cause the standards 2. Details of temporary road for air pollution to be exceeded, construction. and which would cause a hazard or nuisance to others. 3. Drawings and cross sections of proposed embankments C. An approved method of and their foundations, stabilization consisting of including a description of sprinkling or other similar methods proposed materials. will be required to control dust. The use of petroleum products is G. The Contractor shall remove all prohibited. signs of temporary construction facilities such as haul roads, work D. Sprinkling, to be approved, must areas, structures, foundations of be repeated at such intervals as to temporary structures,stockpiles of keep all parts of the disturbed area excess of waste materials, or any at least damp at all times, and the other vestiges of construction as Contractor must have sufficient directed by the CITY and competent equipment on the job to CONSULTANT. The disturbed accomplish this if sprinkling is areas shall be prepared and used. Dust control shall be seeded as described in Section performed as the work proceeds 02924 SEED, MULCH and and whenever a dust nuisance or FERTILIZER, or as approved by hazard occurs, as determined by the CONSULTANT. the CITY and/or CONSULTANT. H. All debris and excess material will 3.5 MAINTENANCE OF POLLUTION be disposed of in approved areas CONTROL FACILITIES DURING as noted on the Drawings. CONSTRUCTION 3.4 PROTECTION OF AIR QUALITY A. During the life of this Contract, the Contractor shall maintain all A. Burning. No open fires or burning facilities constructed for pollution will be permitted. If need dictates control as long as the operations burning of any kind, Contractor creating the particular pollutant are must obtain prior approval of CITY being carried out or until the and obtain appropriate permits material concerned has become from the state and local stabilized to the extent that government agencies. pollution is no longer being created. B. Dust Control. The Contractor will be required to maintain all END OF SECTION excavations, embankment, stockpiles, access roads, waste areas, borrow areas, and all other Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1110-90 ENVIRONMENTAL PROTECTION PROCEDURES Page :769 of 7 ti SECTION 01200 - PROJECT MEETINGS progress meeting shall be available five (5) business PART 1 - GENERAL days after the meeting. 1.01 DESCRIPTION B. Related Requirements Described Elsewhere: A. Scope of Work: 1. Progress Schedules: 1. The Consultant shall Section SCO 1310. schedule and administer 2. Shop Drawings, Working pre-construction meeting, Drawings, and Samples: monthly progress meetings, Section SCO 1340. and specifically called 3. Security and Safety meetings throughout the Procedures for Infrastructure progress of the Work. The Projects: Section SCO1540 Consultant shall: 4. Project Record Documents: Section SC01720. a. Prepare agenda for meetings. 1.02 PRE-CONSTRUCTION MEETING b. Make physical A. The Consultant shall schedule a arrangements for preconstruction meeting no later meetings. than ten (10) days after date of issuance of Award letter. c. Preside at meetings. B. Location: A local site, 2. Representatives of convenient for all parties, Contractor, subcontractors designated by the Consultant. and suppliers attending meetings shall be qualified C. Attendance: and authorized to act on behalf of the entity each 1. CITY's representative. represents. 2. Consultant and Consultant's 3. The Contractor shall attend professional consultants. meetings to ascertain that work is expedited consistent 3. Resident project with Contract Documents representative. and construction schedules. The Consultant shall record 4. Contractor and its the pre-construction meeting superintendent. and each progress meeting in its entirety, and shall 5. Major subcontractors. provide the Consultant with a voice recording, having 6. Representatives of major good quality and clarity, and suppliers and manufacturers a typed transcript of the as appropriate. minutes of each meeting. A 7. Governmental and Utilities copy of the minutes of each representatives as Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1200-91 PROJECT MEETINGS Page ;7;78 of 7 ti appropriate. d. Submittals. 8. Others as requested by the e. Change Orders. Contractor, CITY and Consultant. f. Applications for Payment. D. The purpose of the pre- construction meeting is to 6. Submittal of Shop Drawings, designate responsible personnel project data and samples. and establish a working relationship. Matters requiring 7. Adequacy of distribution of coordination will be discussed Contract Documents. and procedures for handling such matters established. The 8. Procedures for maintaining suggested agenda should Record Documents. include: 9. Use of premises: 1. Distribution and discussion of: a. Office,work and storage areas. a. List of major subcontractors and b. CITY's requirements. suppliers. c. Access and traffic b. Projected schedules. control. c. Schedule of Values 10. Construction facilities, controls and construction d. NPDES plan aids. 2. Critical work sequencing: 11. Temporary utilities. Relationships and coordination with other 12. Safety and first aid contracts and/or work. procedures. 3. Major equipment deliveries 13. Check of required Bond and and priorities. Insurance certifications. 4. Project coordination: 14. Completion time for Contract Designation and responsible and liquidated damages. personnel. 15. Request for extension of 5. Procedures and processing Contract Time. of: 16. Weekly job meeting for all a. Field decisions. involved. b. Proposal requests. 17. Security procedures. c. Request for Information. 18. Procedures for making partial payments. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1200-92 PROJECT MEETINGS Page ;7;711 ef 4AA 7 ti 19. Guarantees on completed work. C. Location of the meetings: Site selected by Consultant. 20. Equipment to be used. D. Attendance: 21. Staking of work. 1. Consultant and its 22. Project inspection. representatives as needed. 23. Labor requirements. 2. Contractor. 24. Laboratory testing of 3. CITY's representatives. material requirements. 4. Subcontractors (active on 25. Provisions for material the site). stored on site. 5. Others as appropriate to the 26. Requirements of other agenda (suppliers, organizations. manufacturers, other subcontractors, etc.). 27. Rights-of-way and easements. E. The Consultant shall preside at the meetings and provide for 28. Housekeeping procedures. keeping minutes and distribution of the minutes to the CITY, 29. Liquidated damages. Consultant and others. The purpose of the meetings will be 30. Posting of signs. to review the progress of the Work. The agenda will include 31. Pay request submittal but not be limited to the dates. following: 32. Equal opportunity 1. Review approval of minutes requirements. of previous meeting. 1.03 PROGRESS MEETINGS 2. Review of work progress since previous meeting and A. The Consultant shall schedule work scheduled (3-week and conduct regular periodic look ahead schedule). meetings. The progress meetings will be held every thirty 3. Field observations, (30) days and at other times as problems, and conflicts. required by the progress of the Work. The first meeting shall be 4. Problems which impede held within thirty (30) days after construction Schedule. the preconstruction meeting or thirty (30) days or less after the 5. Review of off-site date of Notice to Proceed. fabrication, delivery schedules. B. Hold called meetings as required by progress of the Work. 6. Corrective measures and Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1200-93 PROJECT MEETINGS el 7 ti procedures to regain including but not limited to: projected schedule. 1. Status of all submittals and 7. Status of approved what specifically is being construction schedule. done to expedite them. 8. Progress schedule during 2. Status of all activities behind succeeding work period. schedule and what specifically will be done to 9. Coordination of schedules. regain the schedule. 10. Review status of submittals, 3. Status of all material expedite as required. deliveries, latest contact with equipment manufacturer 11. Maintenance of quality and specific actions taken to standards. expedite materials. 12. Pending changes and 4. Status of open deficiencies substitutions. and what is being done to correct the same. 13. Shop Drawing problems. G. The Contractor is to provide a 14. Review proposed changes current submittal log at each for: progress meeting in accordance with Section SCO1340: Shop a. Effect on construction Drawings, Working Drawings schedule and on and Samples. completion date. 1.04 SPECIAL MEETINGS b. Effect on other contracts of the Project. A. The Contractor may be required to attend certain City Hall 15. Construction schedule. meetings to inform the public before commencement or during 16. Critical/long lead items. progress of the project to discuss specific issues. 17. Other business. PART 2- PRODUCTS (NOT USED) F. The Contractor is to attend monthly progress meetings and PART 3- EXECUTION (NOT USED) is to study previous meeting minutes and current agenda END OF SECTION items, and be prepared to discuss pertinent topics and provide specific information Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1200-94 PROJECT MEETINGS Page ;7:79 OF 18 7 1 � SECTION 01310 - PROGRESS SCHEDULES 2. Applications for Payment: PART 1 -GENERAL Section SCO1027 1.01 DESCRIPTION 3. Change Order Procedures: Section SC01153 A. Scope of Work: 4. Project Meetings: Section 1. Prior to Pre-Construction SCO1200 Meeting, Contractor shall prepare and submit to the 5. Shop Drawings, Working CONSULTANT initial Drawings, and Samples: construction schedule(s) Section SCO1340 demonstrating complete fulfillment of all Contract 6. Schedule of Values: Section requirements utilizing a Critical SCO1370 Path Method (hereinafter referred to as CPM)in planning, 1.02 QUALIFICATIONS coordinating and performing the Work under this Contract A. A statement of computerized CPM (including all activities of capability shall be submitted by subcontractors, equipment Contractor in writing prior to the vendors and suppliers). The award of the Contract and shall principles and definition CPM verify that either Contractor's terms used herein shall be as organization has in-house capability set forth in the Associated to use the CPM technique or that General Contractors of America Contractor will employ a CPM (AGC) publication, The Use of consultant who is so qualified. CPM in Construction,A Manual for General Contractors and the B. In-house capability shall be verified Construction Industry, latest by description of construction edition,but the provisions of this projects to which Contractor or Specification shall govern the Contractor's consultant has planning, coordinating and successfully applied computerized performance of the Work. CPM and shall include at least two Assumed notice to proceed (2) projects valued at least half the date for this schedule shall be expected value of this Project. ninety (90) days from bid opening date. 1.03 FORM OF SCHEDULES 2. After issuance of Notice To A. Maximum Sheet Size: 24 inches by Proceed, Contractor shall Winches. submit revised progress schedules on a bi-weekly basis. 1.04 CONTENT OF SCHEDULES No partial payments shall be approved until there is an A. Construction Progress Schedule: approved construction progress schedule on hand. 1. Show the complete sequence of construction by activity. B. Related Requirements Described Elsewhere: 2. Show the dates for the beginning of,and completion of, 1. Summary of Project: Section each major element of SC01010 construction in no more than a two (2) week increment scale. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1310-95 PROGRESS SCHEDULES Page ;7;74 of 7 1 � Specifically list, but not limit to: anything jointly agree upon, it shall not be deemed to have been a. Obtaining all approved by the CONSULTANT. permits/construction Failure to include any element of easements(if needed) work required for the performance of b. Shop Drawing this Contract shall not excuse the submitted/review time Contractor from completing all work c. Site clearing/filling required within any applicable d. Site utilities Completion Date, notwithstanding e. Pipeline installation the CONSULTANT's approval of the f. Roadway installation progress schedule. g. Subcontractor work h. Equipment installations 1.05 PROGRESS REVISIONS i. Finishings j. Instrumentation A. Indicate progress of each activity to k. Painting date of submission. I. Operator training m. Testing B. Show changes occurring since n. Start-up previous submission of schedule: o. Receipt of spare parts 1. Major changes in scope. 3. Show projected percentage of 2. Activities modified since completion for each item, as of previous submission. the first day of each month. 3. Revised projections of progress 4. Show projected dollar cash flow and completion. requirements for each month of construction and for each 4. Other identifiable changes. activity as indicated by the approved Schedule of Values. C. Provide a narrative report as needed to define: B. Submittals schedule for Shop Drawings and Samples shall be in 1. Problem areas, anticipated accordance with Section SCO1340: delays, and the impact on the Shop Drawings, Product Data and schedule. Samples. Indicate on the Schedule the following: 2. Corrective action recommended, and its effect. 1. The dates for Contractor's submittals. 3. The effect of changes on schedules of other prime 2. The dates submittals will be contractors. required for CITY-furnished products, if applicable. D. If the Work falls behind the critical path schedule by two (2) weeks or 3. The dates approved submittals more,the Contractor must prepare a will be required from the recovery schedule. CONSULTANT. 1.06 SUBMISSIONS C. A typewritten list of all long lead items(equipment, materials,etc.). A. Submittal Requirements. D. To the extent that the progress 1. Logic network and/or time schedule or any revised progress phased bar chart, computer schedule shows anything not jointly generated. agreed upon or fails to show 2. Computerized network Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1310-96 PROGRESS SCHEDULES Page ;7;75 of 7 1 ,m analysis: Schedule of Values (lump sum price breakdown), as applicable, will be a. Sort by early start acceptable to the CONSULTANT as to form and content, when in the b. Sort by float opinion of the CONSULTANT, it demonstrates a substantial basis for c. Sort by equitably distributing the Contract predecessor/successor Sum. When the network diagram and tabulated schedule have been 3. Narrative description of the accepted, The Contractor shall logic and reasoning of the submit to the CONSULTANT five (5) schedule. copies of the time-scaled network diagram, five (5) copies of a B. Within ten (10) working days after computerized tabulated schedule in the conclusion of the which the activities have been CONSULTANT's review of initial sequenced by numbers, five (5) schedule, Contractor shall revise the copies of a computerized tabulated network diagram as required and schedule in which the activities have resubmit the network diagram and a been sequenced by early starting tabulated schedule produced date, and five (5) copies of a therefrom. The revised network computerized, tabulated schedule in diagram and tabulated schedule which activities have been shall be reviewed and accepted or sequenced by total float, and five(5) rejected by the CONSULTANT copies sorted by within fifteen (15)working days after predecessor/successor. receipt. The network diagram and tabulated schedule when accepted D. Revised Work Schedules. by the CONSULTANT shall Contractor, if requested by the constitute the Project work schedule CONSULTANT, shall provide a unless a revised schedule is revised work schedule if,at anytime, required due to substantial changes the CONSULTANT considers the in the work scope, a change in completion Date to be in jeopardy Contract Time or a recovery because of "activities behind schedule is required and requested. schedule." The revised work schedule shall include a new C. Acceptance. The finalized schedule diagram and tabulated schedule will be acceptable to the conforming to the requirements of CONSULTANT, when in the opinion Paragraph 1.09, herein,designed to of the CONSULTANT; it show how Contractor intends to demonstrates an orderly accomplish the work to meet the progression of the Work to completion date. The form and completion in accordance with the method employed by Contractor Contract requirements. Such shall be the same as for the original acceptance will neither impose on work schedule. No payment will be the CONSULTANT responsibility for made if activities fall more than two the progress or scheduling of the (2) weeks behind schedule and a Work nor relieve Contractor from full revised work schedule is not responsibility therefore. The furnished. finalized schedule of Shop Drawing submittals will be acceptable to the E. Schedule Revisions. The CONSULTANT, when in the opinion CONSULTANT may require of the CONSULTANT, it Contractor to modify any portions of demonstrates a workable the work schedule that become arrangement for processing the infeasible because of "activities submittals in accordance with the behind schedule" or for any other requirements. The finalized valid reason. An activity that cannot Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1310-97 PROGRESS SCHEDULES Page ;7;76 of 7 ,�1 be completed by its original latest completion date shall be deemed to 2. Definition of each activity. be behind schedule. No change may be made to the sequence, 3. A logical flow of work duration or relationships of any crews/equipment (crews are to activity without approval of the be defined by manpower CONSULTANT. category and man-hours; equipment by type and hours). 1.07 DISTRIBUTION 4. Show all work activities and A. Contractor shall distribute copies of interfaces including submittals the reviewed schedules to: as well as major material and equipment deliveries. 1. CONSULTANT C. Networks. 2. Jobsite file 1. The CPM network, or diagram, 3. Subcontractors shall be in the form of a time- scaled diagram of the 4. Other concerned parties customary activity-on-type and may be divided in to a number 5. CITY(two copies) of separate pages with suitable notation relating the interface B. Instruct recipients to report promptly points among the pages. to the Contractor, in writing, any Individual pages shall not problems anticipated by the exceed 36 inches by 60 inches. projections shown in the schedules. Notation on each activity line shall include a brief work 1.08 CHANGE ORDERS description and a duration, as described in Paragraph 1.09D., A. Upon approval of a Change Order, herein. the approved changes shall be reflected in the next scheduled 2. All construction activities and revision or update submittal by procurement shall be indicted in Contractor. a time-scaled format, and a calendar shall be shown on all 1.09 CPM STANDARDS sheets along the entire sheet length. Each activity arrow shall A. CPM, as required by this Section, be plotted so the beginning and shall be interpreted to be generally completion dates of such as outlined in the Associated activity can be determined General Contractor's (AGC) graphically by comparison with publication, The Use of CPM in the calendar scale. All activities Construction, A Manual for General shall be shown using the Contractors and the Construction symbols that clearly distinguish Industry, Copyright 1976. between critical path activities, non-critical path activities and B. Work schedules shall include a float for each non-critical graphic network and computerized, activity. All non-critical path tabulated schedules as described activities shall show estimated below. To be acceptable the performances time and float schedule must demonstrate the time in scaled form. following: D. The duration indicated for each 1. A logical succession of work activity shall be in calendar days and from start to finish. shall represent the single best time Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1310-98 PROGRESS SCHEDULES 7 1 � considering the scope of the Work 5. Project Scheduled Completion and resources planned for the Date. activity including time for inclement weather. Except for certain non- 6. Effective or Starting Date of the labor activities, such as curing Schedule. concrete or delivering materials, activity durations shall not exceed 7. New Projects Completion Date fourteen (14)days nor be less than and Project Status, if an one (1) day unless otherwise updated or revised schedule. accepted by the CONSULTANT. 8. Actual Start Date and Finish E. Tabulated Schedules. The initial Date for all update schedules. schedule shall include the following minimum data for each activity. 1.10 SCHEDULE MONITORING 1. Activity Beginning and Ending A. At not less than monthly intervals or Numbers, single activity when specifically requested by numbers may be used. CONSULTANT, Contractor shall submit to the CONSULTANT a 2. Duration. computer printout of an updated schedule for those activities that 3. Activity Description. remain to be completed. 4. Early Start Date (Calendar B. The updated schedule shall be Dated). submitted in the form, sequence, and number of 5. Early Finish Date (Calendar copies requested for the initial Dated). schedule. 6. Identified Critical Path. 1.11 PROGRESS MEETINGS 7. Total Float (Note: No activity may show more than 20 days For the monthly progress meeting, float). Contractor shall submit a revised CPM schedule and a 3-week look-ahead 8. Cost of Activity. schedule, showing all activities in progress, uncompleted or scheduled to 9. Equipment Hours by type, man be worked during the weeks. The 3 power/hours by crew or trade. weeks include the current week plus the next 2 weeks. All activities shall be from F. Project Information. Each tabulation the approved CPM and must be as shall be prefaced with the following shown on the CPM unless behind or summary data. ahead of schedule. 1. Project Name. PART 2—PRODUCTS (NOT USED) 2. Contractor. 3. Type of Tabulation (Initial or PART 3—EXECUTION (NOT USED) Updated). END OF SECTION 4. Project Duration. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1310-99 PROGRESS SCHEDULES Page ;7;78 of i 7 1 � SECTION 01340 - SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES CONSULTANT. This log PART 1 -GENERAL should include the following items: 1.01 DESCRIPTION a. Submittal-Description and A. Scope of Work: Number assigned. 1. The Contractor shall submit to b. Date to CONSULTANT. the CONSULTANT for review and approval, such Shop c. Date returned to Drawings, Test Reports and Contractor. Product Data on materials and equipment (hereinafter in this d. Status of Submittal Section called Data), and (Approved as Noted, material samples(hereinafter in Rejected/Re-submit). this Section called Samples)as are required for the proper e. Date of Resubmittal and control of work,including but not Return (as applicable). limited to those Shop Drawings, Data and Samples for materials f. Date material release for and equipment specified fabrication. elsewhere in the Specifications and in the Contract Drawings. g. Projected date of fabrication. 2. With the Contractor's executed agreement and Bond Submittal, h. Projected date of delivery the Contractor shall submit to to site. the CONSULTANT a complete list of preliminary Data on items i. Status of O&M manuals for which Shop Drawings are to submittal. be submitted. Included in this list shall be the names of all j. Specification Section. proposed manufacturers furnishing specified items. k. Drawings Sheet Number. Review of this list by the CONSULTANT shall in no way B. Related Requirements Described expressed or implied relieve the Elsewhere: Contractor from submitting complete Shop Drawings and 1. General Conditions: providing materials, equipment, etc.,fully in accordance with the 2. Progress Schedules: Section Specifications. This procedure SC01310. is required in order to expedite final review of Shop Drawings. 3. Material and Equipment: The Contractor shall include Section SC01600. Shop Drawing review time on the Project schedule (see 4. Project Record Documents: section SC01310). Section SC01720. 3. The Contractor is to maintain an 5. Operating and Maintenance accurate updated submittal log Data: Section SC01730. and will bring this log to each 1.02 CONTRACTOR'S RESPONSIBILITY scheduled progress meeting with the City and the A. The Contractor shall furnish the Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1340-100 SHOP DRAWING,WORK DRAWINGS AND SAMPLES Page ;7;79 of 7 1 � CONSULTANT a schedule of Shop list any deviations from Drawings submittals fixing the Contract Drawings, Project respective dates for the submission Specifications and of Shop Drawings, the beginning of referenced specifications manufacture,testing and installation or codes and identify in of materials, supplies and "green" ink prominently on equipment. This schedule shall the drawings. indicate those that are critical to the progress schedule. 6. Submittal Log Number conforming to Specification Log B. The Contractorshall not begin anyof Number. the work covered by a Shop Drawing, Data,or a Sample returned E. The Contractor shall submit SIX (6) for correction until a revision or COPIES OF SHOP DRAWINGS TO correction thereof has been THE CONSULTANT. The reviewed and returned to him, by the CONSULTANT will review the CONSULTANT, with approval. submittal and return to the Contractor three (3) copies with C. The Contractor shall submit to the appropriate review comments. CONSULTANT all drawings and schedules sufficiently in advance of F. The Contractor shall be responsible construction requirements to provide for and bear all costs of damages no less than twenty-one (21) which may result from the ordering calendar days for checking and of any material or from proceeding appropriate action from the time the with any part of work prior to the Consultant receives them. completion of the review by the CONSULTANT of the necessary D. All submittals shall be accompanied Shop Drawings. with a transmittal letter prepared in duplicate containing the following G. The Contractor shall not use Shop information: Drawings as means of proposing alternate items to demonstrate 1. Date. compliance to Contract requirements. 2. Project Title and Number. H. Each submittal will bear a stamp 3. Contractor's name and address. indicating that Contractor has satisfied Contractor's obligations 4. The number of each Shop under the Contract Documents with Drawings, Project Data, and respect to Contractors review and Sample submitted. approval of that submittal. 5. Notification of Deviations from I. Drawings and schedules shall be Contract Documents. checked and coordinated with the work of all trades and Bub- a. The Contractor shall contractors involved, before they are indicate in bold type at the submitted for review by the top of the cover sheet of CONSULTANT and shall bear the submittal of Shop Drawing Contractor's stamp of approval as if there is a deviation from evidence of such checking and Contract Drawings, Project coordination. Drawings or Specifications and schedules submitted without this referenced specifications stamp of approval shall be returned or codes. to the Contractor for resubmission. b. The Contractor shall also 1.03 CONSULTANT'S REVIEW OF SHOP DRAWINGS Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1340-101 SHOP DRAWING,WORK DRAWINGS AND SAMPLES 7 1 � A. The CONSULTANT's review of CONSULTANT's comments Shop Drawings, Data and Samples highlighted on the Shop Drawing. as submitted by the Contractor, will be to determine if the items(s) F. "Rejected" - Contractor shall conform to the information in the resubmit Shop Drawing for review by Contract Documents and are Consultant. compatible with the design concept. The CONSULTANT's review and G. Resubmittals will be handled in the exceptions, if any, will not constitute same manner as first submittals. On an approval of dimensions, resubmittals the Contractor shall connections, quantities, and details direct specific attention, in writing or of the material, equipment, device, on resubmitted Shop Drawings, to or item shown. revisions other than the corrections requested by the CONSULTANT on B. The review of drawings and previous submissions. The schedules will be general, and shall Contractor shall make any not be construed: corrections required by the CONSULTANT. 1. As permitting any departure from the Contract requirements. H. If the Contractor considers any correction indicated on the drawings 2. As relieving the Contractor of to constitute a change to the responsibility for any errors, Contract Drawings or Specifications, including details, dimensions, the Contractor shall give written and materials. notice thereof to the CONSULTANT. 3. As approving departures from I. When the Shop Drawings have been details furnished by the completed to the satisfaction of the Consultant,except as otherwise CONSULTANT, the Contractor shall provided herein. carry out the construction in accordance therewith and shall C. If the drawings or schedules as make no further changes therein submitted describe variations and except upon written instructions show a departure from the Contract from the CONSULTANT. requirements which the CONSULTANT finds to be in the J. No partial submittals will be interest of the City and to be so reviewed. Submittals not deemed minor as not to involve a change in complete will be stamped"Rejected" Contract Price or time for and returned to the Contractor for performance, the CONSULTANT resubmittal. Unless otherwise may return the reviewed drawings specifically permitted by the without noting an exception. CONSULTANT, make all submittals in groups containing all associated D. "Approved As Noted" - Contractor items for: shall incorporate CONSULTANT's comments into the submittal before 1. Systems. release to manufacturer. The Contractor shall send a letter to the 2. Processes. CONSULTANT acknowledging the comments and their incorporation 3. As indicated in specific into the Shop Drawing. Specifications Sections. K. All drawings, schematics, E. "Amend And Resubmit" -Contractor manufacturer's product Data, shall resubmit the Shop Drawing to certifications and other Shop the CONSULTANT. The resubmittal Drawing submittals required by a shall incorporate the system specification shall be Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1340-102 SHOP DRAWING,WORK DRAWINGS AND SAMPLES Page ;781 of 7 1 � submitted at one time as a package 3. Number and title of the Shop to facilitate interface checking. Drawing. L. Only the CONSULTANT shall utilize 4. Date of Shop Drawing or the color "red" in marking Shop revision. Drawing submittals. 5. Name of Contractor and M. For any submittal returned to the subcontractor submitting Contractor marked "Amend and drawing. Submit" or "Rejected," Contractor shall pay CITY a resubmittal fee of 6. Supplier/manufacturer. $250.00. Monies shall be deducted from monies owed Contractor by 7. Separate detailer when CITY monthly and incorporated into pertinent. a Change Order at completion of the contract. 8. Specification title and number. 1.04 SHOP DRAWINGS 9. Specification section. A. Shop Drawings shall be complete 10. Application Contract Drawing and detailed and shall consist of Number. fabrication, erection and setting drawings and schedule drawings, D. Data on materials and equipment manufacturer's scale drawings, and include, without limitation, materials wiring and control diagrams. Cuts, and equipment lists, catalog data catalogs, pamphlets, descriptive sheets, cuts, performance curves, literature, and performance and test diagrams, materials of construction data, shall be considered only as and similar descriptive material. supportive information. As used Materials and equipment lists shall herein, the term "manufactured" give, for each item thereon, the applies to standard units usually name and location of the supplier or mass-produced; and "fabricated" manufacturer, trade name, catalog means items specifically assembled reference, size, finish and all other or made out of selected materials to pertinent Data. meet individual design requirements. 1.05 WORKING DRAWINGS B. Manufacturer's catalog sheets, A. When used in the Contract brochures, diagrams, illustrations Documents, the term "Working and other standard descriptive data Drawings" shall be considered to shall be clearly marked to identify mean the Contractor's plan for pertinent materials, product or temporary structures such as models. Delete information which is temporary bulkheads, support of not applicable to the Work by striking open cut excavation, support of or cross-hatching. utilities, ground water control C. Each Shop Drawing shall have a systems, forming and false work; for blank area 3-1/2 inches by 3-1/2 underpinning; and for such other inches, located adjacent to the title work as may be required for block. The title block shall display construction but does not become the following: an integral part of the Project. B. Working Drawings shall be signed 1. Project Title and Number. by a registered Professional Consultant, currently licensed to 2. Name of Project building or practice in the State of Florida. structure. 1.06 SAMPLES Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1340-103 SHOP DRAWING,WORK DRAWINGS AND SAMPLES Page :782 of 7 1 � A. The Contractor shall furnish, for the Represented. approval of the Consultant, samples required by the Contract Documents 4. Place of Origin. or requested by the CONSULTANT. Samples shall be delivered to the 5. Name of Producer and Brand (if CONSULTANT as specified or any). directed. The Contractor shall prepay all shipping charges on 6. Location in Project. samples. Materials or equipment for which samples are required shall not Samples of finished materials shall be used in work until approved by have additional marking that will the CONSULTANT. identify them under the finished schedules. B. Samples shall be of sufficient size and quantity to clearly illustrate: E. The Contractor shall prepare a transmittal letter in triplicate for each 1. Functional characteristics of the shipment of samples containing the product, with integrally related information required in Paragraph parts and attachment devices. 1.0613above. It shall enclose a copy of this letter with the shipment and 2. Full range of color, texture and send a copy of this letter to the pattern. CONSULTANT. Approval of a sample shall be only for the 3. A minimum of two (2) samples characteristics or use named in such of each item shall be submitted. approval and shall not be construed to change or modify any Contract C. Field samples and mock-ups: requirements. 1. Contractor shall erect, at the Project site, at a location F. Approved samples not destroyed in acceptable to the Consultant. testing shall be sent to the 2. Size of area: 15 feet long x 6 CONSULTANT or stored at the site feet high or that specified in the of the Work. Approved Samples of respective specification section. the hardware in good condition will be marked for identification and may 3. Fabricate each sample and be used in the work. Materials and mock-up complete and finished. equipment incorporated in work shall match the approved Samples. 4. Remove mock-ups at Samples which failed testing or were conclusion of Work or when not approved will be returned to the acceptable to the Consultant. Contractor at its expense, if so requested at time of submission. D. Each sample shall have a label indicating: PART 2-PRODUCTS (NOT USED) 1. Name of Project. PART 3-EXECUTION (NOT USED) 2. Name of Contractor and Subcontractor. END OF SECTION 3. Material or Equipment Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1340-104 SHOP DRAWING,WORK DRAWINGS AND SAMPLES Page ;789 OF 7 1 � SECTION 01505— MOBILIZATION PART I -GENERAL 10. Have Contractor's superintendent at the job site 1.01 DEFINITION AND SCOPE full time. A. Mobilization shall include the 11. Submit a detailed Contractor obtaining of all construction CPM schedule permits, insurance, and bonds; acceptable to the Consultant moving onto the site of all plant as specified. and equipment, temporary 12. Submit a Schedule of Values buildings and other construction of the Work. facilities; all as required for the proper performance and 13. Submit a schedule of completion of the Work. submittals. Mobilization shall include, but not be limited to, the following 1.02 DEMOBILIZATION principal items: A. Demobilization is the timely and 1. Move onto the site all proper removal of all contractor- Contractor's plan and owned material, equipment or equipment required for first plant, from the job site and the month operations. proper restoration or completion of work necessary to bring the 2. Install temporary site into full compliance with the construction power, wiring, Contract Documents. and lighting facilities. 1.03 PAYMENT FOR 3. Establish fire protection plan MOBILIZATION/DEMOBILIZATION and safety program. 4. Secure construction water A. Contractor shall be limited to a maximum of 3.0 percent of the supply. total price bid for mobilization. 5. Provide on-site sanitary The cost of facilities and potable water mobilization/demobilization shall facilities as specified. be shown in the Schedule of Values. 6. Arrange for and erect B. Demobilization shall be shown in Contractor's work and the schedule of values as a storage yard and minimum 25 percent of the value employees'parking facilities. for mobilization. 7. Submit all required PART 2- PRODUCTS (NOT USED) insurance certificates and bonds. PART 3- EXECUTION (NOT USED) 8. Obtain all required permits. 9. Post all OSHA, EPA, END OF SECTION Department of Labor, and all other required notices. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1505-105 MOBILIZATION Page :784 of 7 1 � SECTION 01540 - SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS PART 1 GENERAL B. Contractor shall continuously inspect all its work, materials, 1.01 As a minimum, the Contractor shall equipment and facilities to discover provide and assure that all of its and determine any such conditions personnel have and wear common and shall be solely responsible for colored Company shirts, safety vests, discovery, determination and hard hats and substantial leather work correction of any such condition. shoes/boots. Other Personal Protective Equipment (PPE) as required by C. Contractor shall prepare and governing local, state and Federal laws maintain accurate reports of and regulations. incidents of loss, theft or vandalism and shall furnish these reports to 1.02 SECTION INCLUDES CITY within three (3) days of each incident. A. Responsibility for Work Security 1.05 PROTECTION OF WORK IN B. Protection of Work in Progress, PROGRESS, MATERIALS AND Materials and Equipment EQUIPMENT C. Protection of Existing Property A. Contractor shall be responsible for and shall bear any and all risk of loss D. Security Program or damage to work in progress, all materials delivered to the site, and E. Entry Control all materials and equipment involved in the Work until completion and final F. Personnel Identification acceptance of Work under this Contract. Excluded from G. Security Service Contractor's responsibility is any loss or damage that results from the H. Miscellaneous Restrictions sole active negligence of the CITY or its representatives. 1.03 RELATED SECTIONS 1.06 PROTECTION OF EXISTING A. Section 01010—Summary of Project PROPERTY B. Section 01500 - Temporary A. Contractor shall so conduct its Facilities and Controls operations as not to damage, close, or obstruct any utility installation, 1.04 RESPONSIBILITY OF WORK highway, road or other property until SECURITY permits therefore have been obtained. If facilities are closed, A. Contractor shall,at its expense,at all obstructed, damaged or rendered times conduct all operations under unsafe by Contractor's operations, the Contract in a manner to avoid the Contractor shall, at its expense, risk of loss, theft or damage by make such repairs and provide vandalism,sabotage or other means temporary guards, lights and other to any property. Contractor shall signals as necessary or required for promptly take all reasonable safety and as will be acceptable to precautions that are necessary and the CITY. adequate against any conditions that involve a risk of loss, theft or B. Contractor shall conduct its damage to its property, at a operation so as not to damage any minimum. existing buildings or structures. The Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1540-106 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS page :785 -6 4AA el 7 1 � Contractor shall verify that means CITY will make a final determination and methods of construction used on which, if any, of the following inside, adjacent to, under or over requirements are to be existing buildings will not cause implemented. damage. The Contractor shall provide protection methods that are 1. Protect Work existing premises acceptable to the CITY. and CITY's operations from theft, vandalism, and C. Unless otherwise specifically unauthorized entry. provided in the Contract, Contractor shall not do any work that would 2. Initiate program at project disrupt or otherwise interfere with mobilization. the operation of any pipeline, telephone, electric, radio, gas, 3. Maintain program throughout transmission line, ditch or other construction period until CITY structure, nor enter upon lands in acceptance precludes the need their natural state until approved by for Contractor security. the CITY. 1.08 RESTRICTIONS D. Thereafter,and before it begins such work, Contractor shall give due A. Do not allow cameras on site or notice to CITY of its intention to start photographs taken except by written such work. Contractor shall not be approval of the CITY. entitled to any extension of time or any extra compensation on account PART 2 PRODUCTS of any postponement, interference or delay caused by any such line, Not Used. ditch or structure on or adjacent to the site of work. PART 3 EXECUTION E. Contractor shall preserve and Not Used. protect all cultivated and planted areas and vegetation such as trees, END OF SECTION plants, shrubs and grass on or adjacent to the premises, which, as determined by CITY, do not reasonably interfere with the performance of this Contract. F. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including,without limitation,damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 1.07 SECURITY PROGRAM A. At the Pre-Construction Meeting,the Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1540-107 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS Page :786 of 7 1 � SECTION 01570 - MAINTENANCE OF TRAFFIC PART 1 GENERAL vehicles and Owner's operations. Contractor's employee's personal 1.01 Contractor shall provide all labor, vehicles shall NOT be parked"in and material and services to perform all around" the project site. operations required for the maintenance Contractor's employee's personal and protection of vehicular and vehicles shall be parked at the pedestrian traffic in conformance to all storage yard. applicable FDOT laws and regulations and subject to acceptance and permits 1.06 TRAFFIC CONTROLERS by Owner, Palm Beach County and A. Provide trained and equipped traffic FDOT as applicable. controllers to regulate traffic when construction operations encroach on 1.02 REFERENCES public traffic lanes. A. State of Florida Department of 1.07 LIGHTS Transportation Standard Specifications for Road and Bridge A. Use approved barricades with lights Construction, Section 102, 2000 during hours of low visibility to Edition (or latest edition) delineate traffic lanes and to guide traffic. B. State of Florida Manual of Traffic Control and Safe Practices for Street 1.08 TRAFFIC SIGNS AND DEVICES and Highway Construction, Maintenance and Utility Operations A. At approaches to site and on site, C. The Manual of Uniform Traffic install at crossroads, detours, Control Devices, latest edition parking areas, and elsewhere as needed, to direct construction and D. CBB ROW Permit affected public traffic. The Contractor shall submit traffic control through work zone plans based on 1.03 SUBMITTAL FDOT Roadway and Traffic Design Standards, 2001 Edition (or latest A. Submit Traffic Control Plans, ROW edition). Permit Applications and Construction Schedule to the B. Relocate as Work progresses, to Owner, Palm Beach County (if maintain effective traffic control. applicable), and the FDOT (if applicable) for review and acceptance 30 days prior to the start 1.09 REMOVAL of construction. A. Remove equipment and devices 1.04 SIGNS AND DEVICES when no longer required. A. Traffic Control and Informational B. Repair damage caused by Signs installation. B. Traffic Cones and Drums,and Lights 1.10 SPECIFIC TRAFFIC CONTROL C. Traffic Controllers Equipment A. Contractor shall maintain through traffic on all public roads at all times 1.05 CONSTRUCTION PARKING CONTROL unless stated otherwise herein. A. Control vehicular parking to prevent B. Contractor shall maintain access to interference with public traffic and all vehicular driveways (public or parking, access by emergency private)at all times. Contractor shall backfill and install temporary rock Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1570-108 MAINTENANCE OF TRAFFIC Page :787- ef 4AJ 7 1 � base as necessary in order to provide safe and functional access to all driveways. C. Contractor shall coordinate with the Police and Fire Departments for whom the Contractor will provide satisfactory access at all times. D. Contractor shall maintain, at the minimum, one travel lane, in each direction, when performing work within the Palm Beach County Right- of-Way. 1.11 EXECUTION A. The Contractor shall arrange its work to cause minimum disturbance to normal pedestrian and vehicular traffic; and shall be held responsible for providing and maintaining suitable means of access (including emergencies) to all public and private properties during all stages of the construction. B. If it becomes necessary to block off an entire street to vehicular traffic during construction (other than for an emergency situation), the Contractor must secure the written authorization of the CITY and Palm Beach County or FDOT as acknowledged as a condition of the Right-of-Way (ROW) permit(s) prior to completely blocking off the roadway. 1.12 UNIT PRICE—MEASUREMENT AND PAYMENT A. Refer to Section 01025 - MEASUREMENT AND PAYMENT PROCEDURES. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO1570-109 MAINTENANCE OF TRAFFIC Page :788 OF 1 Ee) 7 1 � SECTION 01600 - MATERIAL AND EQUIPMENT PART 1 - GENERAL A. When Contract Documents require that installation of Work 1.01 DESCRIPTION shall comply with manufacturer's printed instructions. Contractor A. Scope of Work: Material and shall obtain and distribute copies equipment incorporated into the of such instructions to parties Work: involved in the installation, including five (5) copies to the 1. Manufactured and fabricated Consultant. products: 1. Maintain one (1) set of a. Design, fabricate and complete instructions at the assemble in accord with job site during installation the best engineering and until completion. and shop practices. B. Contractor shall handle, install, b. Manufacture like parts of connect, clean, condition and duplicate units to adjust products in strict accord standard sizes and with such instructions and in gauges, to be conformity with specified interchangeable. requirements. c. Two (2)or more items of 1. Should job conditions or the same kind shall be specified requirements identical, by the same conflict with manufacturer's manufacturer. instructions, consult with Consultant for further d. Products shall be instructions. suitable for service conditions. 2. Do not proceed with Work without clear instructions. e. Equipment capacities, sizes and dimensions C. Contractor shall perform work in shown or specified shall accordance with manufacturer's be adhered to unless instructions. Do not omit any variations are preparatory step or installation specifically approved in procedure unless specifically writing. modified or exempted by Contract Documents. 2. Do not use material or equipment for any purpose 1.03 TRANSPORTATION AND other than that for which it is HANDLING designed or specified. A. Contractor shall arrange 1.02 MANUFACTURER'S deliveries of products in NSTRUCTIONS FOR accordance with progress INSTALLATION schedules, coordinate to avoid conflict with work and conditions Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SCO 1600-110 MATERIAL AND EQUIPMENT Page :789 OF 1 Ee) 7 1 � at the site. B. Contractor shall store products in accord with manufacturer's 1. Deliver products in instructions, with seals and undamaged condition, in labels intact and legible. manufacturer's original containers or packaging, 1. Store products subject to with identifying labels intact damage by the elements in and legible. weather-tight enclosures. 2. Immediately on delivery, 2. Maintain temperature and inspect shipments to assure humidity within the ranges compliance with required by manufacturer's requirements of Contract instructions. Documents and approved submittals, and that products 3. Store fabricated products are properly protected and above the ground, on undamaged. blocking or skids, prevent soiling or staining. Cover B. Contractor shall provide products which are subject equipment and personnel to to deterioration with handle products by methods to impervious sheet coverings, prevent soiling or damage to provide adequate ventilation products or packaging. to avoid condensation. 1.04 STORAGE AND PROTECTION 4. Store loose granular materials in a well-drained A. The Contractor shall furnish a area on solid surfaces to covered, weather-protected prevent mixing with foreign storage structure providing a matter. clean, dry, non-corrosive environment for all mechanical C. All materials and equipment to equipment, valves, architectural be incorporated in the Work shall items, electrical and be handled and stored by the instrumentation equipment, and Contractor before, during and special equipment to be after shipment in a manner to incorporated into this Project. prevent warping, twisting, Storage or equipment shall be in bending, breaking, chipping, strict accordance with the rusting, and any injury, theft or "instructions for storage" of each damage of any kind whatsoever equipment supplier and to the material or equipment. manufacturer including connection of heaters, placing of D. Contractor shall store under a storage lubricants in equipment, roof or off the ground cement, etc. Corroded, damaged or sand and lime, and shall be kept deteriorated equipment and completely dry at all times. All parts shall be replaced before structural and miscellaneous acceptance of the Project. steel, and reinforcing steel shall Equipment and materials not be stored off the ground or properly stored will not be otherwise to prevent included in a payment estimate. accumulations of dirt or grease, and in a position to prevent Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) SCO 1600-111 MATERIAL AND EQUIPMENT page :798 -6 4AJ el 7 1 � accumulations of standing water any such material, equipment and to minimize rusting. Beams and supplies are lost, stolen, shall be stored with the webs damaged or destroyed prior to vertical. Precast concrete final inspection and acceptance, beams shall be handled and the Contractor shall replace stored in a manner to prevent same without additional cost to accumulations of dirt, standing the CITY. water, staining, chipping or cracking. Brick, block and I. Should the Contractor fail to take similar masonry products shall proper action on storage and be handled and stored in a handling of equipment supplied manner to reduce breakage, under this Contract within seven chipping, cracking and spalling (7)days after written notice to do to a minimum. so has been given, the CITY retains the right to correct all E. All materials, which, in the deficiencies noted in previously opinion of the Consultant, have transmitted written notice and become so damaged as to be deduct the cost associated with unfit for the use intended or these corrections from the specified, shall be promptly Contractor's Contract. These removed by the Contractor from costs may be comprised of the site of the Work, and the expenditures for labor, Contractor shall receive no equipment usage, compensation for the damaged administrative, clerical, material or its removal. engineering and any other costs associated with making the F. Contractor shall arrange storage necessary corrections. in a manner to provide easy access for inspection. Make 1.05 STORAGE AND HANDLING OF periodic inspections of stored EQUIPMENT ON SITE products to assure that products are maintained under specified A. Because of the long period conditions, and free from allowed for construction, special damage or deterioration. attention shall be given to the storage and handling of G. Protection After Installation: equipment on site. As a Contractor shall provide minimum,the procedure outlined substantial coverings as below shall be followed by necessary to protect installed Contractor: products from damage from traffic and subsequent 1. All equipment having moving construction operations. parts such as gears, electric Remove covering when no motors, etc. and/or longer needed. instruments shall be stored H. The Contractor shall be in a temperature and responsible for all material, humidity controlled building equipment and supplies sold and approved by the Consultant, delivered to the CITY under this until such time as the Contract until final inspection of equipment is to be installed. the Work and acceptance thereof by the CITY. In the event 2. All equipment shall be stored Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) SC01600-112 MATERIAL AND EQUIPMENT page :791 -6 4AJ el 7 1 � fully lubricated with oil, by the manufacturer shall be grease, etc. unless deemed to mean that the otherwise instructed by the equipment is judged by the manufacturer. manufacturer to be in a 3. Manufacturer's storage condition equal to that of instructions shall be carefully equipment that has been studied by the Contractor shipped, installed, tested and reviewed with the and accepted in a minimum Consultant by him. These time period. As such, the instructions shall be carefully manufacturer will guarantee followed and a written record the equipment equally in of this kept by the both instances. If such a Contractor. certification is not given, the equipment shall be judged to 4. Moving parts shall be rotated be defective. It shall be a minimum of once weekly to removed and replaced at the insure proper lubrication and Contractor's expense. to avoid metal-to-metal "welding". Upon installation 1.06 SPARE PARTS of the equipment, the Contractor shall start the A. Spare parts for certain equipment, at least half the equipment provided under load, once weekly for an Divisions 11: Equipment; 13: adequate period of time to Special Construction; 15: insure that the equipment Mechanical; and 16: Electrical does not deteriorate from have been specified in the lack of use. pertinent sections of the Technical Specifications. The 5. Lubricants shall be changed Contractor shall collect and store upon completion of all spare parts so required in an installation and as frequently area to be designated by the as required thereafter during Consultant. In addition, the the period between Contractor shall furnish to the installation and acceptance. Consultant an inventory listing all Mechanical equipment to be spare parts, the equipment they used in the Work, if stored are associated with, the name for longer than ninety (90) and address of the supplier, and days, shall have the the delivered cost of each item. bearings cleaned, flushed Copies of actual invoices for and lubricated prior to each item shall be furnished with testing and startup, at no the inventory to substantiate the extra cost to the CITY. delivered cost. 6. Prior to acceptance of the 1.07 GREASE, OIL AND FUEL equipment, the Contractor shall have the manufacturer A. All grease, oil and fuel required inspect the equipment and for testing of equipment shall be certify that its condition has furnished with the respective not been detrimentally equipment. The CITY shall be affected by the long storage furnished with a year's supply of period. Such certifications required lubricants including Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) SC01600-113 MATERIAL AND EQUIPMENT page :792 -6 4AJ el 7 1 � grease and oil of the type recommended by the manufacturer with each item of equipment supplied. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break-in of the equipment,which in no event shall be any longer than three(3) weeks of operation. PART 2- PRODUCTS (NOT USED) PART 3- EXECUTION (NOT USED) END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) SC01600-114 MATERIAL AND EQUIPMENT Page :799 of 7 ti SECTION 02322 DEWATERING AND DRAINAGE ************************************************************ The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02322)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 120- Excavating and Embankment • Section 125- Excavation for Structures and Pipe • Section 160-Stabilizing • Section 514- Plastic Filter Fabric(Geotextile) In the event that this technical specification (02322) is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards, it is the responsibility of the Contractor to request clarification or resolution, in writing, from the Project Manager and Engineer. ************************************************************ 1 PART 1 GENERAL 1.1 STATUTORY REQUIREMENTS A. Contractor is responsible to obtain and pay for all permits required for temporary dewatering and drainage systems as required by the appropriate authorities having jurisdiction over the work. B. Original permits shall be prominently displayed on the site prior to constructing dewatering and drainage systems. 1.2 SCOPE OF WORK A. Furnish, install, operate, monitor, maintain and remove temporary dewatering and drainage systems as required and lower and maintain groundwater levels a minimum of 2 feet below sub-grades of excavations. Continuously maintain excavations free of water, regardless of source, and until backfilled to final grade. Prevent surface water runoff from entering or accumulating in excavations. B. Furnish the services of a licensed professional engineer registered in the State of Florida, to prepare dewatering and drainage system designs and submittals. C. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or "on-site" retention ponds that secondarily discharge to these surface water systems. D. Repair damage caused by dewatering and drainage system operations. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CI PP) SCO2322-115 DEWATERING AND DRAINAGE 7 ti E. Remove temporary dewatering and drainage systems when no longer needed. Restore all disturbed areas. F. Furnish, install, monitor, maintain and remove groundwater observation wells (piezometers)as specified herein.] 1.3 RELATED SECTIONS A. The pre-design Geotechnical report is being provided for "reference only" and to provide the Contractor with the bore hole locations and general findings of subsurface materials. Refer to Section 02320 TRENCHING AND EXCAVATION for additional clarification. B. Section SC01010—Summary of Project C. Section SCO 1110— Environmental Protection Procedures D. Section SCO 1025 - Measurement and Payment E. Section SCO1400 -Quality Requirements F. Section 02300— Earthwork G. Section 02320—Trenching and Excavation H. Section 02324 - Backfill 1.4 UNIT PRICE—MEASUREMENT AND PAYMENT A. There is no unit pricing for this work and all on-site dewatering and drainage shall be considered to be incidental to the cost of the associated pay item(s). B. If identified in the Schedule of Bid Items, the cost of securing a General Water Use Permit from the South Florida Water Management District shall be reimbursed as an Allowance in accordance with Section SC01025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Submit, in accordance with Section SCO1340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES the temporary dewatering and drainage system plan and design. At the discretion of the Owner, dewatering and drainage system designs shall be prepared by a licensed professional engineer, registered in the State of Florida, having a minimum of 5 years of professional experience in the design and construction of dewatering and drainage systems. The submittal will be for authorization to make formal permit application to the South Florida Water Management District for the General Water Use Permit. The Contractor shall be responsible for adequacy and safety of construction means, methods and techniques. 1.6 DEFINITIONS A. Wellpoint: A dewatering system utilizing wellpoints to extract surrounding groundwater in the area of trenching/excavating in order to maintain the operation in a dry condition for preparation of the trench bottom, for pipe laying, placement of bedding material and/or backfill, compaction and density testing. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CI PP) SCO2322-116 DEWATERING AND DRAINAGE page :795 -6 4AA el 7 ti B. A dry excavation/trench: Shall be defined as the in situ soil moisture content is no more than two percentage points above the optimum moisture content for that general soil. 2 PART 2 PRODUCTS 2.1 Pump Drivers A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a "quiet-pack" muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest "receiving" property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City's Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor's compliance with the City's Noise Ordinance. 3 PART 3 EXECUTION 3.1 GENERAL A. Protection of Property - Contractor shall make an assessment for dewatering induced settlement and shall provide devices or systems, including but not limited to re-injection wells, infiltration trenches and cutoff walls, necessary to prevent damage to existing facilities, completed Work and adjacent facilities. B. Control surface water and groundwater such that excavation to final grade is made in the dry, and bearing soils are maintained undisturbed. Prevent softening, or instability of, or disturbance to, the sub-grade due to water seepage. C. Provide protection against flotation for all work. D. The impact of anticipated subsurface soil/water conditions shall be considered when selecting methods of excavation and temporary dewatering and drainage systems. Through the use of groundwater observation wells (piezometers), where groundwater levels are found not to be at least 2 feet below the proposed bottoms of excavations, a pumped dewatering system is required for pre-drainage of the soils prior to excavation and for maintenance of the lowered groundwater level until construction has been completed to such an extent that the foundation, structure, pipe, conduit, or fill will not be floated or otherwise damaged. Type of dewatering system, spacing of dewatering units and other details of the work are expected to vary with soil/water conditions at a particular location. E. Wellpoints shall not be set in such a way that undermines orjeopardizes paved areas; if the setting of wellpoints undermines or impacts paved areas, the impacted areas shall be removed and restored equal to or better than their original condition at the expense of the Contractor. F. Pipe and conduit shall not be installed in water or allowed to be submerged prior to backfilling. Pipe and conduit which becomes submerged shall be removed and the excavation dewatered and restored to proper conditions prior to reinstalling the pipe and conduit 3.2 SURFACE WATER CONTROL Boynton Beach Utilities—Cured-In-Place Pipe Lining(CI PP) SCO2322-117 DEWATERING AND DRAINAGE Page :796 7 ti A. Control surface water runoff to prevent flow into excavations. Provide temporary measures such as dikes, ditches and sumps. 3.3 GROUNDWATER OBSERVATION WELLS (PIEZOMETERS) A. Groundwater observation wells (piezometers) shall be installed for monitoring groundwater levels before and during construction/installation of pipelines, foundations and structures that are below or just above the existing groundwater table. A minimum of one well for every 100 feet of pipeline and two wells at each foundation or structure in locations accepted by the Engineer. Observation wells shall be designed and installed in such a manner as to provide an accurate and reliable indication of the groundwater levels adjacent to the pipelines,foundations and structures. B. Each observation well shall be installed in a 2'/2 inch diameter bore hole extending at least 4- ft below the invert of the pipeline, foundation or structure. Backfill the annular space surrounding the intake and casing with filter sand especially processed for this purpose. Cap the top of the well to prevent infiltration of surface water. C. Maintain observation wells until pipelines, foundations and structures are backfilled. Observe and record daily the groundwater elevation in each well. Furnish measurements daily to the Project Manager. Periodically verify observation well accuracy by adding water to the well and recording the drop in level from the time the water was added. Redevelop plugged observation wells to maintain accuracy and reliability of groundwater level indication. D. Excavation work shall not be performed until the readings obtained from the observation wells indicate that the groundwater has been lowered at least 2 feet below the bottom of the sub- grade within the limits of excavation. 3.4 DISPOSAL OF DRAINAGE WATER A. All water discharged from temporary dewatering and drainage systems shall be disposed of in accordance with the sedimentation and control plans as specified in Section SCO1110 ENVIRONMENTAL PROTECTION PROCEDURES. Existing or new sanitary sewer systems shall not be used to dispose of drainage without written authorization from the Project Manager. B. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or "on-site" retention ponds that secondarily discharge to these surface water systems. DEWATERING A. All State and local permits associated with dewatering are the responsibility of the Contractor. B. Dewatering systems shall be designed to allow for localized variations in the depths of the excavations. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CI PP) SCO2322-118 DEWATERING AND DRAINAGE Page :7971- OF 7 ti C. Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding areas. All pumping and drainage shall be done with no damage to property or structures and without interference with the rights of the public, owners of private property, pedestrians and vehicular traffic. D. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of sub-grades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. E . Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. F. Dewatering shall be accomplished well enough in advance of excavation to ensure that groundwater is already lowered prior to completing the final excavation to finish grade. G. Lower and maintain groundwater level a minimum of two(2)feet below bottom of excavation during placement and compaction of bedding material and foundation soils and during placement and compaction of fill and back-fill material. H. Excavations for foundations and structures shall be maintained in-the-dry for a minimum of 4 days after concrete placement. In no event shall water be allowed to enter an excavation and rise to cause unbalanced pressure on foundations and structures until the concrete or mortar has set at least 24 hours. I . Dewatering and drainage operations shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the sub-grade at the bottom of the excavation. If the sub-grade becomes disturbed for any reason, the unsuitable sub-grade material shall be removed and replaced with concrete, compacted granular fill, or other approved material to restore the bearing capacity of the sub-grade to its original undisturbed condition at no additional cost to the Owner. 3.6 DAMAGE RESTORATION A. Damage restoration: The Contractor shall be responsible for any heaving, settlement and/or separation of pavement that results from the dewatering operations. A damage restoration/remediation plan will be required for review and authorization to proceed. 3.7 RESTORATION OF DEWATERING ACTIVITIES A. As the wellpoints are withdrawn, the locations of the voided areas shall immediately backfilled by jetting approved backfill material into the voids until they are completely filled. These restored wellpoint voids are subject to random density verification testing. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CI PP) SCO2322-119 DEWATERING AND DRAINAGE Page :798 OF 7 THE CITY OF BOYNTON BEACH UTILITIES DEPARTMENT CURED-IN-PLACE PIPE LINING (CIPP) TECHNICAL SPECIFICATIONS ® m m m e m m e m e m t ® m \C Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) 120 TECHNICAL SPECIFICATIONS Page :799 of 7 TABLE OF CONTENTS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 1 —GENERAL REQUIREMENTS 1.1 Location of Work 1.2 Wastewater GIS Map 1.3 Pre-Rehabilitation Site Videos 1.4 Sequence of Work 1.5 Storm Preparedness 1.6 Wastewater By-Pass Pumping Operations 1.7 Work in Private Property 1.8 Quality Control and Quality Assurance 1.9 Safety SECTION 2—CURED-IN-PLACE PIPE (CIPP) LINERS 2.1 General 2.2 Governing Standards 2.3 Submittals 2.4 Trenchless Rehabilitation Products 2.4.1 Product Design Life 2.4.2 Rehabilitation Products 2.4.3 Third Party Test Results 2.4.4 Rehabilitation Product Processes 2.5 Warranty 2.5.1 Contractor Warranty 2.5.2 Contractor Warranty Response 2.5.3 Manufacturer/Subcontractor Warranty 2.6 CIPP Material Manufacturer Qualifications 2.6.1 CIPP Main Liner Manufacturer 2.6.2 CIPP Lateral Liner Manufacturer 2.7 Cured-In-Place Pipe (CIPP) Materials 2.7.1 Product Identification 2.7.2 Field Installation Test Results 2.7.3 Proven Materials 2.7.4 Main Liner Materials 2.7.5 Resin Materials 2.7.6 Lateral Liner Materials 2.8 Structural Requirements 2.8.1 Variable Physical Properties 2.8.2 ASTM F1216 Design 2.8.3 Long-Term Testing 2.8.4 Cured CIPP Liner Layers 2.8.5 Minimum Physical Properties 2.8.6 Wall Thickness Design Parameters 2.8.7 Resin Saturation 2.8.8 Minimum Wall Thickness SECTION 3— PREPARATION 3.1 General 3.2 Cleaning of Wastewater System 3.3 Pre-Installation CCTV Inspection Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TOC-121 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Page 888 of 7 3.4 Point Repairs 3.5 By-Pass Pumping of Wastewater 3.6 Public Notification 3.7 Installation 3.7.1 Resin Impregnation 3.7.2 Main Liner Installation 3.7.3 Lateral Liner Installation 3.7.4 Curing 3.7.5 Cool Down 3.7.6 CIPP Main Liner Termination and Connection 3.8 Service Reconnection 3.9 Inspection and Testing 3.9.1 Material Testing 3.9.2 Field Testing SECTION 4—CLEANING OF WASTEWATER SYSTEM 4.1 General 4.2 Qualification 4.3 Submittals 4.4 Products 4.4.1 Cleaning Equipment 4.5 Execution 4.5.1 CIPP Cleaning 4.5.2 Final Acceptance of Pipe Cleaning SECTION 5—CLOSED CIRCUIT TELEVISION (CCTV) 5.1 General 5.2 Qualifications 5.3 Submittals 5.3.1 CCTV Property of City 5.4 Products 5.4.1 Equipment 5.5 Execution 5.5.1 Televising 5.5.2 Flow Control 5.5.3 Passage of CCTV Camera 5.5.4 CCTV Inspection Data Requirements 5.5.5 Field Quality Control SECTION 6— REMOVAL OF PROTRUDING SERVICE CONNECTIONS 6.1 General 6.2 Products 6.2.1 Equipment 6.3 Execution 6.3.1 Performance 6.3.1 Inspection 6.3 Execution 6.3.1 Performance 6.3.2 Inspection Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TOC-122 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Page 881, OF 7 SECTION 7—CHEMICAL SEALING OF HOST PIPE 7.1 General 7.2 Products 7.2.1 Sealing Materials 7.3 Submittals 7.4 Equipment 7.4.1 General 7.5 Execution 7.5.1 General 7.5.2 Grout Mixing 7.5.3 Host Pipe Sealing by Pressure Grout Method 7.5.4 Cleanup 7.5.5 Disposal 7.5.6 Wastewater Flow Controls SECTION 8—CHEMICAL SEALING OF SERVICE CONNECTIONS 8.1 General 8.2 Products 8.2.1 Sealing Materials 8.3 Submittals 8.4 Equipment 8.4.1 General 8.5 Execution 8.5.1 General 8.5.2 Grout Mixing 8.5.3 Lateral Service Sealing by Pressure Grout Method 8.5.4 Cleanup 8.5.5 Disposal 8.5.6 Wastewater Flow Controls Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) TOC-123 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS page 882 -6 4 Al el 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 1 —GENERAL REQUIREMENTS THE CONTRACTOR IS ADVISED THAT THIS CONTRACT REQUIRES WORK IN ACTIVE WASTEWATER COLLECTION SYSTEMS AND SHALL FOLLOW ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR SAFETY IN CONFINED SPACES. THE CONTRACTOR SHALL CONFORM TO ALL GUIDELINES BY THE OCCUPATION SAFETY AND HEALTH ADMINISTRATION (OSHA) FEDERAL REGULATIONS; 29 CFR CH. XVII, SECTION 1910.146 CONFINED SPACE ENTRY. 1.1 LOCATION OF THE WORK The work shall be performed on specific pipeline segments as defined in this Bid document at various locations throughout the City of Boynton Beach and extended wastewater service areas.Access to the work site may be over public streets and rights-of-way predominately located in residential areas. Any damage to existing pavement or other surface improvements, attributable to the Contractor's activities, shall be restored to equal or better condition by the Contractor at the Contractor's expense. 1.2 WASTEWATER GIS MAP The Contractor will be provided Wastewater GIS maps covering those areas associated with individual Projects and shall refer to them for additional information. The Wastewater GIS maps are issued as a supplement to the Project. They represent the best practical information available regarding the location and layout of the existing wastewater collection system. The accuracy of the information and dimensions on the Wastewater GIS maps is not guaranteed. The Contractor shall verify location and size of all existing utilities prior to starting the Project. 1.3 PRE-REHABILITATION SITE VIDEOS 1.3.1 Prior to any alterations to the Project Area, the Contractor shall video record each work location. The Contractor shall provide original video recording to the Project Manager no later than 15 days after the Notice to Proceed date. 1.3.2 The video(s) shall be DVD format and shall be labeled with record of date taken, Owner's purchase order number, and a brief description of times and activity covered in the video. The video shall be indexed using the timer for locations and by street intersections and shall become a part of the Owner's permanent job records. 1.3.3 The Contractor shall provide a monthly video record of construction progress to coincide with payment requests. If construction is being conducted in different localities, then video shall be taken at each work location; the Project Manager reserves the right to select the views to be video recorded. 1.3.4 The video(s) shall include both sides of the right-of-way and record paved and unpaved driveways and walkways; conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters, waterway crossing, or any other item within the work location. 1.4 SEQUENCE OF WORK 1.4.1 Contractor shall submit a Sequence of Work minimizing the number of mobilizations and demobilizations throughout the Project area(s) and demonstrate a realistic progression of work. The submittal will project Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 124 TECHNICAL SPECIFICATIONS Page 889 of 7 work that may reasonably be completed in 30 day intervals to coincide with payment requests. The Sequence of Work shall provide the following information: A. Location of Project Area(s) i. Master Lift Station Basin, Lift Station, Manhole Identifications ii. Mobilization and demobilization dates iii. Linear feet within projected Project area(s) iv. Projected start and finish dates per area(s) B. Finish date for each Project area shall represent work completed and inspected by the Owner in accordance with Technical Specification Section 01025 Measurement and Payment Procedures. 1.4.2 If the Contractor demobilizes and moves to a non-consecutive Project area prior to completion, the Contractor is solely responsible for all costs associated with returning to the previous Project area to complete or correct the Work as directed by the Project Manager. 1.5 STORM PREPAREDNESS 1.5.1 In the event the issuance of an official storm warning issued by the National Weather Service,or as directed by the Owner, the Contractor shall secure, or shall remove and store all equipment and materials located at the Project location(s). Items include but are not limited to, cones, barricades, lights and signs. The Contractor shall begin taking such precautions as necessary to secure the Project locations(s)no later than 24 hours prior to predicted arrival of storm or as directed by the Owner. These activities are considered a regular part of the Work, regardless of the frequency at no additional cost to the City. 1.5.2 In the event of inclement weather, or at the direction of the Owner, the Contractor shall protect the work, private property affected by the work, and stored materials against damage. Any portion of the work or materials damaged or injured by reason of failure on the part of the Contractor, shall be removed and replaced at no additional cost to the City. 1.6 WASTEWATER BY-PASS PUMPING OPERATIONS 1. 6.1 By-pass pumping shall consist of furnishing, installing, and maintaining all power, primary and standby pumps, appurtenances and by-pass pumping pipe required to maintain existing flows and services. 1. 6.2 The Contractor shall be responsible to assess conditions and capacities of existing wastewater system in order to implement an acceptable by-pass pumping plan at no additional cost to the City. The by-pass pumping systems shall be sufficient capacity to handle existing flows plus additional flows that may occur during periods of high tide or rainfall. 1.6.3 The Contractor shall submit by-pass pumping and/or diversion plans for review and approval by the Project Manager at least 14 days prior to the Work. The Contractor shall notify the Supervisor assigned to the project a minimum of 48 hours prior to commencing with the by-pass pumping operation. Failure to receive approval by the Project Manager or Supervisor may result in the contractor's work being halted at no cost to the City. The submittal shall include the following information: A. Sketch indicating the location of temporary plugs and by-pass discharge lines (sketch shall include street names and City manhole ID numbers); B. Capacities of pumps, prime motors, and standby equipment; C. Design calculations, when required, proving adequacy of by-pass system and selected equipment; Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 125 TECHNICAL SPECIFICATIONS Page 884 OF 1 Ee) 7 D. Corresponding traffic control plan, where applicable, in accordance with Technical Specification Section 01570 Maintenance of Traffic. 1.6.4 The Contractor's objective of flow by-pass pumping and or diversion pumping is to maintain an efficient and uninterrupted level of service to wastewater collection system and storm drainage users during maintenance, rehabilitation and/or construction operations are facilitated by ensuring the following: A. By-pass and diversion pumps are adequately fueled, lubricated and maintained; B. Backup spare parts are expeditiously applied to the flow by-pass and/or diversion pumping system in the event of component breakdown; C. An emergency backup plan is smoothly implemented in the event of system failure; D. Backup, spillage, flooding or overflow onto streets, yards and unpaved areas or into building, adjacent ditches,storm drains and waterways is prevented while flow by-pass or diversion pumping takes place; E. Installation,startup and subsequent disassembly of the flow by-pass and diversion pumping system is smoothly transitioned; and, F. Backup of wastewater in lateral connections within the areas of pipe being rehabilitated is prohibited. 1.6.5 Pumps shall be self-priming type or submersible electric, in good working order, with a working pressure gauge. A. All power must be supplied by the Contractor; B. All pumps used must be constructed to allow dry running for extended periods of time to accommodate the cyclical nature of wastewater flows; C. During operation, all engines shall be equipped in a manner to keep the pump noise to a minimum and comply with Technical Specification Section 01110 Environmental Protection Procedures. D. Contractor shall provide stand-by pumps of adequate capacity and spare parts for pump(s) and piping shall be kept on site as required. 1.6.6 Flow by-pass and diversion pumping shall not damage private or public property, or create a nuisance or public menace. The pumped sewage shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the wastewater collection system. After the work is completed, flow shall be returned to the sewer and all temporary equipment removed. 1.6.7 An experienced bypass-diversion pump maintenance operator/mechanic shall be on site during operation of the entire by-pass/diversion system. The operator/mechanic shall continuously: A. Adjust pump speed as appropriate so as not to adversely impact upstream or downstream flow condition levels; B. Check that the effectiveness and security of bulkheads, dams, diaphragms, plugs, valves, weirs and all other flow control devices are working effectively and according to plan; C. Check the integrity of hoses and couplings along the entire by-pass/diversion system; D. Monitor lubrication levels and top off as necessary; Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 126 TECHNICAL SPECIFICATIONS Page 885 of 7 E. Facilitate repairs as required; and, F. Report problems to City. 1.6.8 In the event of accidental overflow or spillage, the Contractor shall immediately stop the overflow and take action to clean up and disinfect the spillage. The City shall be notified immediately following the occurrence. See Technical Specification Section 01110 Environmental Protection Procedures. The Contractor shall be responsible for any penalties and costs charged to the City by the FDEP and for all costs incurred by the City as a result of the Contractor's actions or as a result of the Contractor's negligence. 1.7 WORK IN PRIVATE PROPERTY 1.7.1 In the event that, in the opinion of the Contractor, obtaining a temporary construction easement outside the limits of the right-of-way, of City-owned property, or of the easement(s) obtained by the City is necessary or desirable, it shall be the sole responsibility of the Contractor to obtain such temporary easement from the owner of the property. If such easement is obtained by the Contractor it shall contain provisions to hold the City harmless from any operations of the Contractor within the easement limits. The Contractor shall not conduct construction operations on private property outside the limits of the public right-of-way, of City- owned property, or of the easement(s) obtained by the City unless a copy of the easement agreement is filed with the City. 1.7.2 Upon completion of Work in easements, the Contractor shall restore the property, including all fences or other structures disturbed by his operations, to an as good as or better than the condition in which he found it. 1.8 QUALITY CONTROL AND QUALITY ASSURANCE 1.8.1 A detailed Quality Control Plan (QCP)shall be submitted to the Owner that fully represents and conforms to the requirements of these specifications. A detailed narrative of the proposed quality controls to be performed by the Contractor shall include the following: A. Defined responsibilities, of the Contractor's personnel, for assuring that all quality requirements,for this contract, are met. These shall be assigned, by the Contractor, to specific personnel; B. Proposed procedures for quality control, product sampling and testing shall be defined and submitted as part of the plan; C. Proposed methods for product performance controls, including method of and frequency of product sampling and testing both in raw material form and cured product form; D. A scheduled performance and product test result reviews between the Contractor and the City; and, E. Inspection forms and guidelines for quality control inspections shall be prepared in accordance with the standards specified in this contract and submitted with the QCP. 1.8.2 The Contractor shall provide access to all areas of Work, including the Contractor's facilities, for Owner. The City may conduct Quality Assurance activities so as not to excessively interfere with the Work; however, where the City Quality Assurance personnel request specific actions of the Contractor, the Contractor shall comply with the request and agrees that such compliance is included as part of its contract price. 1.8.3 Occasionally installations will result in the need to repair or replace a defective CIPP. The Contractor shall outline specific repair of replacement procedures for potential defects that may occur in the installed CIPP. Repair/replacement procedures shall be as recommended by the CIPP system manufacturer and shall be submitted as part of the Quality Control Plan. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 127 TECHNICAL SPECIFICATIONS Page 886 of 7 1.8.4 Defects in the installed CIPP that will not affect the operation and long term life of the product shall be identified and defined. 1.8.3 All costs incurred for preparation and submittal of the required QCP shall be the responsibility of the Contractor. 1.9 SAFETY 1.9.1 The Contractor shall conform to all work safety requirements of pertinent regulatory agencies, and shall secure the site for the working conditions in compliance with the same. The Contractor shall erect such signs and other devices as are necessary for the safety of the work site. 1.9.2 The Contractor shall perform all of the Work in accordance with applicable OSHA standards. Emphasis shall be placed upon the requirements for entering confined spaces and with the equipment being utilized for pipe renewal. 1.9.3 The Contractor shall submit a proposed Safety Plan to the Owner, prior to beginning any work, identifying all competent persons. The plan shall include a description of a daily safety program for the job site and all emergency procedures to be implemented in the event of a safety incident. All work shall be conducted in accordance with the Contractor's submitted Safety Plan. 1.9.4 All costs incurred for preparation and submittal of the Safety Plan shall be the responsibility of the Contractor. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 128 TECHNICAL SPECIFICATIONS Page 88:7 of 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 2—CURED-IN-PLACE PIPE (CIPP) LINERS 2.1 GENERAL The Work in this section includes furnishing and installing cured-in-place pipe (CIPP) Main and Lateral liners as needed and as specified in the Work. A Main Liner typically is installed in sanitary sewer gravity mains between two adjacent manholes or access structures, for the various diameters and thicknesses. A Lateral Liner typically is installed in sanitary sewer service laterals between the gravity main and property line. The Contractor shall furnish a complete CIPP system including all materials, labor, equipment, and services necessary for liner installation including: traffic control, by-pass pumping and/or diversion of wastewater flows, cleaning and closed circuit television (CCTV) inspection of the pipe segment to be lined, Main Liner or Lateral Liner installation, service lateral reconnection and grouting, final CCTV inspection and testing of lined pipe system, surface restoration, and cleanup of the Work site. Neither the CIPP system, nor its installation,shall cause adverse effect to any of the Owner's processes or facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by-products at the wastewater treatment plant. The Contractor shall notify the Owner and identify any by-products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. 2.2 GOVERNING STANDARDS The following references are part of this Specification. In case of conflict between the requirements of this Specification and those of the listed documents, the requirements of this Specification shall prevail. The latest edition of the following references shall be used: Reference Title ASTM D543 Standard Practices for Evaluating the Resistance of Plastics to Chemical Reagents ASTM D638 Standard Test Method of Tensile Properties and Plastics ASTM D790 Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D792 Standard Test Methods for Density and Specific Gravity of Plastics by Displacement ASTM D903 Standard Test Method for Peel or Striping Strength of Adhesive Bonds ASTM D1600 Standard Terminology for Abbreviated Terms Relating to Plastics ASTM D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep Rupture of Plastics ASTM D3839 Standard Practice for Underground Installation of "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe ASTM D5813 Cured-in-Place Thermosetting Resin Sewer Pipe ASTM F412 Standard Terminology Relating to Plastic Piping Systems Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 129 TECHNICAL SPECIFICATIONS Page 888 7 ASTM F1216 Standard Practice for Rehabilitation of Existing Pipelines by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe ASTM F1743 Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured- in-Place Thermosetting Resin Pipe (CIPP) 2.3 SUBMITTALS 2.3.1 The Contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Manufacturer's or Assembler's certification that the liner materials are in compliance with the Specifications, and the codes and standards referenced herein; B. Certification showing that the Contractor is currently licensed and approved by the manufacturer(s) to install the product(s) referenced in this Specification; C. Name of resin supplier and liner fabric supplier or manufacturer; D. Specification on all lining materials and resins; E. Contractor's procedures for sealing CIPP liners from groundwater infiltration/migration at manholes and laterals; and details of all component materials and construction details such as hydrophilic rubber seals; F. Manufacturer's or Assembler's guidelines for storage procedures and temperature control, handling and inserting the liner, curing requirements and details, service connection methods, and trimming and finishing; G. Manufacturer's or Assembler's guidelines for minimum and maximum pressures, temperatures, and time inversion to be used during liner inversion, cure, and cool down; H. Procedures for cool down and relieving static head after the CIPP liner is cured; and, I. Manufacturer's or Assembler's guidelines for factory and/or field (whichever applies) wet out procedures including: volume of resin per unit of liner, roller gap setting, mixing ratios and procedures for resin and catalyst/hardener, shelf life of resin, pot life of resin, and required wet out procedure to ensure full saturation. J. The Contractor shall also provide field measurements and liner sizing calculations to demonstrate: 1) The liner wall thickness design for each pipe segment and that the liner has been properly undersized to avoid the creation of wrinkles or folds; 2) Tabular liner wall thickness calculations shall be provided for each pipe diameter in no less than 1-foot increments from 1-foot to 6- feet cover depth and in 2-foot cover depth increments thereafter; 3) The tabulated liner wall thickness for each pipe diameter/cover depth interval shall be the maximum wall thickness calculated over the cover depth interval; 4) Special liner wall thickness calculations shall be submitted for installations with less than 3-feet of cover; and, 5) The liner wall thickness shall be increased as required based on actual pipe cross section determined by the pre-installation CCTV inspection. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 130 TECHNICAL SPECIFICATIONS Page 889 of 7 2.3.2 Specifications for Wastewater By-Pass Pumping Operations described in CIPP Technical Specifications Section 1 —General Requirements. A. The Contractor shall submit by-pass pumping and/or diversion plans to the Project Manager a minimum of 14 days prior to the needed use for review and approval. In some cases verbal confirmation of the plan and approval with the Project Manager may be used in lieu of a written plan. The Contractor shall notify the Project Manager a minimum of 48 hours prior to commencement of the by-pass operation. Failure to receive approval by the Project Manager may result in the Contract's Work being halted at no cost to the City. 2.3.4 The Contractor shall submit an approved Maintenance of Traffic(MOT)plan (for County or state Roadways) to the Project Manager a minimum of 14 days prior to the needed use for review. The Contractor shall submit an approved Maintenance of Traffic (MOT) plan (for City Roadways) to the Project Manager a minimum of 14 days prior to the needed approval. The Contractor shall notify the Project Manager 24 hours prior to commencing MOT operations. 2.4 TRENCHLESS REHABILITATION PRODUCTS 2.4.1 Sewer products are intended to have a 50-year design life, and in order to minimize the Owner's risk, only proven products with substantial successful long-term track records shall be approved by the Owner prior to Contract Award. 2.4.2 Sewer rehabilitation products submitted for approval must provide third party test results supporting the structural performance, both short term and long term, of the product and such data shall be satisfactory to the Owner. 2.4.3 Third party test results must be prepared in accordance with ASTM F1216 substantiating the performance and design of the proposed product. No product will be approved without independent third party testing certification. 2.4.4 Rehabilitation manufacturing and installation processes shall operate under a quality management system which is third party certified to ISO 9000 orother recognized organization standards and provide certification documentation. 2.5 WARRANTY 2.5.1 The Contractor unconditionally warrants to the City for a period not less than one (1)year from the date of final acceptance of the work each lined pipe segment against any defects which will affect the integrity or strength of the product such as materials, surface preparation, lining application, and workmanship. 2.5.2 The Contractor shall, within one (1) month of written notice thereof, propose an acceptable method and repair any defects that may develop during the warranty period in a manner acceptable to the Project Manager and at no cost to the City. A. Specific defects include, but are not limited to, evidence of visible leakage of groundwater through/around the CIPP system, foreign inclusions, dry spots, delamination or a combination of defects to any portion of the CIPP system as visible from CCTV inspection. B. Wrinkles or separation of any part of the CIPP system from the host pipe to the extent that the CIPP system inside diameter in the area is 95 percent or less of the completed CIPP system inside diameter. No wrinkles in the CIPP liner will be allowed within four (4) feet of liner terminations at manholes. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 131 TECHNICAL SPECIFICATIONS Page 818 OF 18-1 7 2.5.3 If Work includes terms covered under a Manufacturer's or Subcontractor's warranty that exceeds the requirements stated herein, Contractor shall transfer such warranty to the City. Such warranties, do not limit the warranty provided by the Contractor to the City. 2.5.4 The Manufacturer shall warrant and save harmless the City against claims for patent infringement and any loss thereof. 2.6 CIPP MATERIAL MANUFACTURER QUALIFICATIONS CIPP Main Liner Manufacturer 2.6.1 To be considered commercially proven, the CIPP Main Liner Manufacturer proposed for this project shall have performed and shall document the following information: A. A minimum of 300,000 linear feet of successful wastewater collection system installations in the State of Florida, or geographic locations with environmental conditions similar to those in the State of Florida, within the last five (5)years; B. Installations shall have been similar in size and scope of work to this project; C. Contractor shall provide a list of installation projects including the project name location, contact information and year installed; and, D. Information shall be documented to the satisfaction of the Owner. CIPP Lateral Liner Manufacturer 2.6.2 The CIPP Lateral Liner Manufacturer of the product proposed for this project shall have performed and shall document the following information: A. A minimum of 150,000 linear feet of successful wastewater collection system installation in the State of Florida, or geographic locations with environmental conditions similar to those in the State of Florida, within the last three (3) years; B. Installations shall have been similar in size and scope of work to this project; C. Contractor shall provide a list of installation projects including the project name, location, contact information and year installed; and, D. Information shall be documented to the satisfaction of the Owner. E. When a specific Scope of Work for one (1) project includes CIPP Main Liner and Lateral Liner installation, the project may be cited to meet both category requirements. 2.7 CURED-IN-PLACE (CIPP) MATERIALS 2.7.1 All materials furnished, as part of this contract shall be marked with detailed product information, stored in a manner specified by the manufacturer, and include testing results to verify that the materials meet the requirements of this contract. 2.7.2 When requested by the Owner, the Contractor shall furnish test results from field installation in the USA of the same resin system and tube materials as proposed for the actual installation. The test results must verify that the CIPP physical properties specified in CIPP Technical Specification Section 2 (2.8.5) Cured in Place Pipe and have been achieved in previous field applications. Samples for this project shall be made and tested as described in CIPP Technical Specification Section 2 (2.8.6)—Cured in Place Pipe. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 132 TECHNICAL SPECIFICATIONS Page 811 of 7 2.7.3 The Owner may authorize the use of proven materials that serve to enhance the pipe performance specified herein. This section shall not be interpreted as authorization to deviate from the minimum standard practices set forth. A. Proven materials must have passed independent laboratory testing, not excluding long term (10,000) hours of structural behavior testing; B. Proven materials have been successfully installed to repair failing host pipes in the State of Florida, or a geographic location with environmental conditions similar to those on the State of Florida, for at least four(4)years; and, C. Owner may require that the Contractor demonstrate that the enhancements proposed meet or exceed the specifications prior to installation. Main Liner Tube Materials 2.7.4 The main liner tube shall consist of one or more layers of flexible needled felt or an absorbent non-woven felt fabric that meet the requirements of ASTM F1216, Section 5.1 or ASTM F1743, Section 5.2.1 or ASTM D5813, Sections 5 and 6. A. The tube shall be constructed to withstand installation pressures and curing temperatures, and be compatible with the resin system used. B. The main liner shall be fabricated to a size that, when installed, will fit the internal circumference of the host pipe without any annular space between the liner and existing pipe wall,will have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. C. The wet out tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the calculated minimum design CIPP wall thickness. D. The tube shall be sewn or flame bonded to a size that when installed will tightly fit the internal circumference and length of the host pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. E. The outside layer of the tube (before wet out) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wet out) procedure. F. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the tube that my cause delamination in the cured liner. No dry or unsaturated layers shall be evident. G. The wall color of the interior surface of the liner after installation shall be a light reflective color so that a clear, detailed examination with CCTV inspection equipment may be made. H. Seams in the tube shall be stronger than the non-seamed felt. I. The outside of the tube shall be marked for distance at regular intervals along its entire length, not to exceed 5-feet. Such markings shall include the manufacturer's name or identifying symbol. The tubes must be manufactured in the USA. J. The main liner shall be fabricated from materials which when cured, will be chemically resistant to withstand internal exposure to constituents normally present in domestic wastewater. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 133 TECHNICAL SPECIFICATIONS Page 812 of 7 K. The minimum tube length shall be that deemed necessary by the Contractor to effectively span the distance from the inlet to the respective manholes or access points, unless otherwise specified. The Contractor shall verify the lengths in the field before impregnation of the tube with resin. An individual tube insertion operation may be made over multiple contiguous pipe segments as determined in the field by the Contractor and reviewed and accepted by the Project Manager. Resin Materials 2.7.5 The resin system shall be a corrosion resistant polyester or vinyl ester system having all required catalysts initiators that when cured within the tube create a composite that satisfies the requirements of ASTM F1216, ASTM D5813 and ASTM F1743, the physical properties herein, and those which are to be utilized in the approved design of the CIPP for this projects. A. The resin shall produce a CIPP that will comply with the structural and chemical resistance requirements of this specification. B. Resin shall not be subjected to ultraviolet light and shall form no excessive bubbling or wrinkling during lining. Lateral Liner Materials 2.7.6 Lateral Liners shall consist of a factory assembled one (1) piece CIPP liner that provides a resin impregnated partial overlap (interface seal) inside the main pipe and a verifiable non-leaking connection at the junction between the main and lateral pipe. A. The Lateral Liner shall be suitable for both wye and tee connections. No materials or devices other than the resin impregnated interface seal will be permitted to affect the connection between the main and lateral pipe. The width of the interface seal overlap material inside the main shall be at least 1-inch beyond the circular edge of the lateral pipe opening, and of a continuous cross section. The thickness of the liner within the lateral pipe and connection area to be the main shall be designed for thickness as specified in CIPP Technical Specification Section 2 (2.8.8) Cured-In- Place Pipe. B. Chemical grout designed for injection shall be: AV-100 chemical grout as manufactured by Avanti International, or approved equal. 2.8 STRUCTURAL REQUIREMENTS 2.8.1 The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used; and, the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein. 2.8.2 The CIPP shall be designed as per ASTM F1216 Appendixes. The CIPP design shall assume no bonding to the original pipe wall. 2.8.3 The Contractor must have performed long-term testing for flexural creep of the CIPP liner material to be installed. Such testing results are to be used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials (tube and resin)and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value (as measured by ASTM D790 testing)will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Values in excess of 50%will not be applied unless substantiated by qualified third party test data. The materials utilized for this Project shall be of quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in the CIPP design. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 134 TECHNICAL SPECIFICATIONS Page BIB of 7 2.8.4 The layers of the cured CIPP liner shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the Work. Any reoccurrence may cause rejection of the Work. 2.8.5 The cured pipe material (CIPP) shall, at a minimum, meet or exceed the structural properties as listed below. MINIMUM CIPP PHYSICAL PROPERTIES Cured Pol ester Composite Property Test Method Minimum Resin per Enhanced Resin ASTM F1216 Flexural Modulus of Elasticity(Short Term) (Felt Tubes), ASTM D790 (short term) 250,000 psi Contractor Value Felt/Fiberglass, Fiberglass as recommended by the Manufacturer Flexural Stress (Short Term)(Felt Tubes), Felt/Fiberglass, Fiberglass ASTM D790 4,500 psi Contractor Value as recommend by the Manufacturer 2.8.6 The required CIPP liner wall thickness shall be based, as a minimum, on the physical properties in CIPP Technical Specification Section 2, (2.8.8)Cured-In-Place Pipe, in accordance with the design equations in the Appendix of ASTM F1216, and the following design parameters: Design Safety Factor = 2.0 1.5 for pipes 36" or larger Creep Retention Factor for Long-Term = 50% Ovalit = 2% or as measured by field inspection Constrained Soil Modulus = Per AASHTO LRFD Section 12 and AWWA Manual M45 Groundwater Depth above invert of existing pipe) = Asspec fied Soil Depth (above the crown) = Based on field measurements Live Load = Highway, railroad, or airport as applicable Soil Load (assumed) Density = 120 Ib./cubic feet 2.8.7 Any layers of the tube that are not saturated with resin prior to insertion into the host pipe shall not be included in the CIPP liner wall structural thickness computation. 2.8.8 The CIPP liner material shall conform to the minimum wall thicknesses, as listed below: MINIMUM WALL THICKNESSES CIPP Thickness 4"—6" 3.0 mm Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 135 TECHNICAL SPECIFICATIONS Page 814 of 7 8"— 12" 6.0 mm 15" 7.5 mm 18"—21" 9.0 mm 24"—27" 10.5 mm 30"—36" 12.0 mm 42" 13.5 mm 48" 15.0 mm SECTION 3 - PREPARTION 3.1 GENERAL It shall be the responsibility of the Contractor to locate and designate all manhole access points, verify that they are open and accessible for the Work. The Contractor shall notify the Project Manager of access points that cannot be opened due to obstruction by permanent structures. The Contractor shall furnish all materials, labor, equipment and services; and, be responsible to make all necessary provisions to ensure service conditions and structural conditions of the host pipe are suitable for installation and warranty of the liner. Provisions include, but are not limited to, temporary wastewater by-pass pumping, temporary service interruption of service laterals, confirming the locations of all lateral service connections prior to installing and curing the CIPP liner correction of obstructions/defects, and controlling excessive infiltration. SECTION 3—CURED-IN-PLACE PIPE (CIPP) LINERS 3.2 CLEANING OF WASTEWATER SYSTEM 3.2.1 The Contractor shall remove all debris from the pipe segments and manholes that will interfere with the CIPP liner installation. Cleaning shall conform to the requirements of CIPP Technical Specification Section 4 (4.4) - Cleaning of Wastewater System. The Contractor shall transport all debris removed from the wastewater system during the cleaning operation, to the South Central Regional Wastewater Treatment Plant located at 1801 North Congress Avenue, Delray Beach, FL (561) 272-7061. The transport and associated costs of all debris shall be the responsibility of the Contractor at no expense to the City. 3.2.2 It shall be the responsibility of the Contractor to clear the pipe segment of obstructions such as solids, roots, iron scale, excessive joint sealant, and grease that will interfere with and prevent the insertion of the CIPP liner and a tight fit with the host pipe. Specialty cleaning as defined under CIPP Technical Specification Section 4 (4.5) — Cleaning of Wastewater System will be authorized by the Project Manager. When specialty cleaning is specifically called for in a Change Order, the Contractor shall have the responsibility of coordinating the timing of specialty cleaning with the immediate installation of the CIPP liner within 24 hours. If desired, the Project Manager may arrange for others to perform the specialty cleaning necessary and the Contractor shall notify the Project Manager a minimum of 7 days in advance of their planned CIPP liner installation date so that the specialty cleaning can be accomplished prior to the planned CIPP lining installation. 3.2.3 Protruding laterals which are determined to interfere with the liner installation shall be removed by remote cutter in accordance with CIPP Technical Specification Section 6 (6.3) — Removal of Protruding Service Connections. This work shall be done in conjunction with wastewater system cleaning activities. 3.3 PRE-INSTALLATION OF CCTV INSPECTION 3.3.1 Pre-installation CCTV Inspection of the main and service laterals shall be performed by experienced personnel trained in locating breaks, obstacles, obstructions and service connections in accordance with the requirements of CIPP Technical Specification Section 5 (5.5) — Closed Circuit Television Inspection. The Contractor shall note locations of any conditions,which my prevent proper installation of the CIPP liner Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 136 TECHNICAL SPECIFICATIONS page 815 -6 4AI el 7 into the host pipe or cause defects in the final product so that these conditions can be corrected prior to the liner installation If CCTV inspection reveals a condition such as a protruding service connection, dropped joint, pipe deformation, excessive infiltration or a collapse that may adversely impact inversion, installation, curing, or the final integrity of the CIPP liner, then the Contractor shall immediately inform the Project Manager and allow same to view the defect during the inspection. Upon contact and approval of the Project Manager, the Contractor and Project Manager shall coordinate arrangements for correction of the defect by point repair. The Pre-installation CCTV video provided to the Project Manager shall document the correction of any such condition and state of the host pipe prior to lining. 3.4 POINT REPAIRS 3.4.1 Prior to CIPP liner installation, all conditions/defects such as dropped joints, pipe deformation, excessive infiltration or a collapse that may adversely impact inversion, installation, curing, or the final integrity of the CIPP liner shall be repaired as authorized by the Project Manager. If conditions which may only be corrected by open-cut repair are encountered after the Contractor has set up preparations (by-pass pumping or traffic control) for the Work to progress, the Contractor shall leave these items in place as directed by the Project Manager: The set up preparations will remain in place provided the Project Manager is able to schedule completion of the repair within five (5) business days. Otherwise, the Contractor shall demobilize if the Project Manager must schedule the work at a later date A. Excessive infiltration shall be controlled using an approved chemical grout in accordance with manufacturer recommendations. Extraneous grout material which may come in contact with the CIPP liner shall be compatible with the resin system utilized. Extreme caution should be taken during leak sealing (pressure grouting) operations in order to avoid damaging the already weakened pipe. Excessive pumping of grout which might plug a service lateral shall be avoided. Any main or service laterals blocked by the grouting operation shall be cleared immediately by the Contractor. Hose pipe damage caused by improper use of grouting equipment or operator error shall be repaired at the Contractor's expense. B. Severe offsets/dropped joints, pipe deformations, grade defects or collapses shall be repaired by others by open-cut methods if they are discovered during the Post-Cleaning/Pre-installation Inspection. 3.5 BY-PASS PUMPING OF WASTEWATER 3.5.1 The Contractor shall provide by-pass pumping and/or diversion when required for completion of preparatory work and CIPP liner installation. By-pass pumping of wastewater shall be performed in accordance with the requirements CIPP Technical Specification Section 1 (1.7)—General. 3.5.2 Contractor shall schedule the Work or otherwise provide wastewater collection service to allow businesses to maintain their normal hours of operation. 3.6 PUBLIC NOTIFICATION 3.6.1 The Contractor shall make every effort to maintain service throughout the duration of the Project. In the event that a service connection will be out of service, the maximum amount of time of no service shall be four (4) hours for any property served by the wastewater system. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the wastewater system and informing them of the Work to be conducted, and when wastewater service will be off-line. The Contractor shall also provide the following: A. Written notice to be delivered to each home or business two (2)weeks and again (2)days prior to the beginning of Work being conducted on the pipe segment. The notice shall include the Contractor's name, the date the Work will commence, the duration of the Work, the type of Work Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 137 TECHNICAL SPECIFICATIONS Page 816 of 7 and a local telephone number of the Contractor's onsite representative they can contact to discuss the Project or any problems which could arise. C. Personal contact with any home or business, which cannot be reconnected within the time stated in the written notice. 3.7 INSTALLATION 3.7.1 Resin Impregnation A. The uncured resin in the original containers and the unimpregnated fiber-felt tube shall be thoroughly impregnated (by vacuum for Main Liner) prior to installation. The materials `wet-out' procedure shall be subject to inspection by the Project Manager or his/her designee. A resin and catalyst system that is compatible with the requirements of the method shall be used. B. The impregnated liner tube shall be transported to and stored at the site in such a manner that it will not be damaged, exposed to direct sunlight, or result in any public safety hazard. The impregnated liner tube shall be kept cool during shipment and storage. All materials shall be subject to inspection and review prior to installation. 3.7.2 Main Liner Installation A. Contractor shall ensure that a Project Manager approved procedure is followed for sealing the liner from all groundwater infiltration and migration at connections to and within all manholes and service laterals. Hydrophilic sealing material shall be placed per the Manufacturer's recommended project guidelines and Contractor's/Manufacturer's approved procedures prior to liner installation. B The impregnated tube shall be inserted through an existing manhole or access structure by means of the manufacturer's recommended installation process in accordance with ASTM F1216. The application of hydrostatic head, compressed air, or other means shall fully extend the CIPP line to the next designated manhole or termination point and inflate and firmly adhere the liner to the host pipe wall. C. The liner tube shall be installed at a rate less than 10-feet per minute at all times. D. If the CIPP liner installation fails, the Contractor shall be responsible for operating the by-pass pumping equipment for the additional time required until the installation can be completed, at the Contractor's expense. 3.7.3 Lateral Liner Installation A. The installation device shall be pulled into the main pipe using a cable winch or robotically transported from the access point(manhole)to the service connection point with the use of CCTV to correctly position the device as required by the Manufacturer or Assembler. The resin impregnated liner materials shall be protected from contamination until positioned at the point of repair. CCTV documentation of the placement prior to curing shall be provided to the Project Manager. B. Lateral Liners shall generally be installed after completion of the CIPP liner within the main pipe and extend to the property line or cleanout. The full length of the existing lateral pipe shall be rehabilitated between the main pipe and the property line or cleanout by either lining or replacement, except where a Short Lateral Liner is specified. The Lateral Liner tube shall be installed from the bottom up through the lateral opening in the main pipe. Depending on the type of approved products employed, the Contractor may then choose to install the remaining portion of the required length of Lateral Liner from the top down through a cleanout at the property line. There shall be at least a 12-inch overlap from the upper portion onto the lower portion of the Lateral Liner Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 138 TECHNICAL SPECIFICATIONS Page 81:7 of 7 if installed separately, and the portion installed from the bottom up through the lateral opening in the main pipe shall extend at least 3-feet into the lateral from the main pipe. Liner overlaps and termination points shall not occur at any pipe bends. C. The application of hydrostatic head, compressed air, or other means shall fully extend the liner to the termination point and inflate and firmly compress the liner against the host pipe. D. The post rehabilitation CCTV inspection for the Lateral Liner installation shall be from within the main pipe with a pan and tilt camera and from within the lateral pipe to fully document the installation. A resin impregnated sample (wick) shall be retained by the Contractor to provide verification of the curing process taking place in the lateral pipe and for testing as required. 3.7.4 Curing A. If a heat source is required after placement is completed, suitable heat source and distribution equipment shall be provided. The equipment shall be capable of circulating hot water, air, and/or steam throughout the section by means of pre-strung hose which has been performed in accordance with the manufacturer's recommendations or other methods acceptable by the Project Manager to raise the temperature uniformly above the temperature required to affect a resin cure. This temperature shall be determined by the manufacturer based on the resin/catalyst system employed. B. The heat source piping shall be fitted with continuous monitoring thermocouples to gauge the temperature of the incoming and outgoing water, steam, and/or air supply. Water, steam, or air temperature during the cure period shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines. The Contractor shall provide standby equipment to maintain the heat source supply. C. The initial cure shall be deemed to be completed when inspection of the exposed portions of the liner appears hard and sound and the remote temperature sensors indicate that an exotherm has occurred. The cure period shall be of duration and temperature recommended by the resin manufacturer during which time the recirculation of the water, steam, and/or air and cycling of the heat exchanger continuously maintain the required temperature. D. A data logger shall be used for Main Liners to continuously record temperature, pressure and time during heating, cure and cool down of the liner at the insertion, intermediate and termination manholes. Where requested, this data shall be provided to the Project Manager for each pipe segment. 3.7.5 Cool Down A. The cured liner shall be cooled to a temperature below 100 degrees F before relieving the static or pressure in the lined pipe and returning normal flow back into the system. The cool down may be accomplished by introducing cool water or air into the lined pipe. Care shall be taken in the release of the static head or pressure so that a vacuum will not develop which could damage the newly installed liner. Water for cooling shall be supplied by the Contractor. B. The finished liner shall be continuous over the length of the pipe and be free from defects such as dry spots, delamination and lifts. All materials other than the cured liner should be removed from the pipe by the Contractor. 3.7.6 CIPP Main Liner Termination and Connection in Manhole A. Liner Termination: The liner shall achieve a watertight seal through the manhole channel/invert and at the host pipe(s)where it enters/exits any manhole. The use of fiber felt and a suitable resin system, hydrophilic rubber water stops, injection grouting, or other Project Manager approved Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 139 TECHNICAL SPECIFICATIONS Page 818 of 7 methods compatible with the liner shall be used to ensure a watertight CIPP liner system. CIPP liner entries at manholes shall be smooth and free of irregularities. The top half of the CIPP liner shall be neatly cut at least 4-inches away from the wall. The channel in the manhole shall be a smooth continuation of the pipe(s)and shall be merged with other pipes or channels. All manholes shall be individually inspected for liner cut off, benches and sealing Work. Any visible leaks through or around the CIPP liner shall be corrected by an approved method at the Contractor's expense. It is anticipated that some pipe to manhole connections will require supplementary efforts to affect an acceptable watertight seal D. Manhole Rehabilitation: Manhole rehabilitation shall be performed at the sole discretion of the Project Manager on an as-needed basis. The channel in the manhole shall be a smooth continuation of the liner and pipe(s) and shall be merged with other channels. Inverts and/or benches shall be resurfaced/repaired or constructed to provide a smooth flow channel where necessary. The Project Manager may also require that the manhole floor and base section receive an approved monolithic coating which is chemically compatible with the CIPP liner, and any chemica l/cementitious grout or repair material used in the manhole. 3.8 SERVICE RECONNECTION 3.8.1 The Contractor shall be responsible for internally reopening the service connections to the lined pipe using a pivot-head CCTV inspection camera and a remote cutting tool. The Contractor shall locate the service connections from inside the lined pipe, cut a hole matching the connection diameter, and grout the area where the service connection enters the lined pipe to produce a water tight seal approved by the Project Manager or his or her designee. Grouting of service connections shall be accomplished using a "Logiball" type lateral packer to seal the first 18-inches of the service connection in accordance with the manufacturer's instructions and CIPP Technical Specification Section 8 — Chemical Sealing of Service Connections. The Contractor shall provide a nearly full-diameter hole, free from burrs, loose or abraded material, handing fibers or projections, and with a neat, smooth and crack-free edge. The hole shall be 95 percent minimum and 100 percent maximum of the original service connection diameter. The invert of the service connection shall match the bottom of the reinstated service opening. The Contractor shall certify he has a minimum of two (2)complete working cutters plus spare key components on the site before each installation. All cuttings shall be collected and disposed of properly. 3.8.2 All service connections shall be reopened including those that go to unoccupied or abandoned buildings or vacant lots, unless directed otherwise by the Project Manager. Begin reconnection of services within four (4) hours after liner insertion. The Contractor shall initially reopen each connection in an expeditious manner with less than a full size opening to release wastewater temporarily stored in the service lateral. The Contractor shall then complete reconnection of all services within 24 hours. The Contractor shall immediately reopen any missed connections and repair any holes drilled in error. Faulty cuts shall be repaired by methods approved by the Project Manager at no additional cost to the City. 3.8.3 It is the intent of these Specifications that service connections be reopened without excavation. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. 3.9 INSPECTION AND TESTING 3.9.1 Material Testing A. All materials testing shall be performed and certified by a registered independent, third-party laboratory pre-approved by the City. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 140 TECHNICAL SPECIFICATIONS Page 819 OF 1 Ee) 7 B. Wall thickness of samples shall be determined as described in ASTM F1216, Section 8 or ASTM F1743, Section 8. The minimum wall thickness at any point shall not be less than 87.5% of the design thickness as calculated in CIPP Technical Specification Section 2 (2.8.8) —Cured-In-Place Pipe. C. The preparation and testing of these samples shall be in accordance ASTM F1216, Section 8. The Contractor shall coordinate the required testing of the samples in accordance with the pay item. The Contractor shall pay for the cost of retests made necessary by the failure of the samples to meet the specified requirements. D. The cured liner shall be sampled and tested for flexural strength and flexural modulus (short term). Flexural strength and modulus shall be tested in accordance with the requirements of ASTM D790. The liner shall be in compliance with the physical properties stated in CIPP Technical Specification Section 2 (2.8.5)—Cured-In-Place Pipe. E. Corrosion resistance requirements shall be as stated in ASTM F1216, Section X2 - Chemical resistance Tests. 3.9.2 Field Testing —Installed CIPP A. The physical properties of the installed CIPP shall be verified through field sampling and laboratory testing. All materials for testing shall be furnished by the Contractor to the Owner for testing. All materials for testing shall be performed at the Owner's expense, by an independent third party laboratory selected by the Owner as recommended by the CIPP manufacturer. All tests shall be in accordance with applicable ASTM test methods to confirm compliance with the requirements specified. B. The Contractor shall provide samples for testing to the Owner from the actual installed CIPP liner. Samples shall be provided, at a minimum from one location per 1000 linear feet of CIPP installed or as required by the Owner. The sample shall be cut from a section of cured CIPP that has been inverted or pulled through a like diameter pipe which has been held in place by a suitable heat sink, such as sandbags. All curing, cutting and identification of samples will be witness by the Owner and transmitted by the Owner to the testing laboratory. On pipelines greater than 18 inches in diameter, the Owner may at its discretion, require plate samples cured with the CIPP or designate a location in the newly installed CIPP where the Contractor shall take a sample. The opening produced from the sample shall be repaired in accordance with manufacturers recommended procedures. C. The laboratory results shall identify the test sample location as referenced to the nearest manhole and station. Final payment for the project shall be withheld pending receipt and approval of the test results. If properties tested do not meet the minimum physical and thickness requirements, the CIPP shall be repaired or replaced by the Contractor unless the actual physical properties and the thickness of the sample tested meet the design requirements are required in the contact. D. Chemical Resistance—The CIPP system installed shall meet the chemical resistance requirements of ASTM D5813. CIPP samples tested shall be of fabric tube and the specific resin proposed for actual construction. It is required that CIPP samples without plastic coating meet these chemical testing requirements. A certification may be submitted, by the Contractor, from the manufacturer, verifying that the chemical resistance of the CIPP meets the contract requirements. E. Hydraulic Capacity—Overall, the hydraulic capacity shall be maintained as large as possible. The installed CIPP shall at a minimum be equal to the full flow capacity of the original pipe before rehabilitation. In those cases where full capacity cannot be achieved after liner installation, the Contractorshall submit a requestto waive this requirement,togetherwith the reasons forthe waiver Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 141 TECHNICAL SPECIFICATIONS Page 828 of 7 request. Calculated capacities may be derived using a commonly accepted flow roughness coefficient for the existing pipe material taking into consideration its age and condition. F. The installed CIPP thickness shall be measured for each line section installed. If the CIPP thickness does not meet that specified in the contract and submitted as the approved design by the Contractor then the liner shall be repaired or removed unless the tested physical properties and the thickness of the sample tested meet the design requirements as required in the contract. The liner thickness shall have tolerance of minus 5% plus 10%. In man-entry size piping the Contractor shall remove a minimum of one sample or one sample every line section of installed CIPP, not meeting the specified design thickness, to be used to check the liner thickness. The samples shall be taken by core drilling 2-inch diameter test plugs at random locations selected by the Owner. As an alternative the Contractor may use industry proven non-destructive methods for confirming the thickness of the installed CIPP. G. All costs, to the Contractor, associated with providing cured CIPP samples for testing shall be included in the price bid for General Conditions. Payment for all required field testing by a third party testing laboratory will be paid for by the Owner, directly to the testing laboratory. It is the responsibility of the Contractor to pay for all re-tests due to failed materials, defects, installation or results unacceptable to the Owner. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 142 TECHNICAL SPECIFICATIONS Page 821, OF 1 Ee) 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 4—CLEANING OF WASTEWATER SYSTEM 4.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for the cleaning of the interior of wastewater pipe. The pipe shall be cleaned by the Contractor prior to inspection as specified in CIPP Technical Specification Section 5—Closed Circuit Television Inspection. The Work includes, but is not limited to,the following: A. Field locating all manholes along the pipe segments to be cleaned; B. Maintaining and protecting both vehicular and pedestrian traffic, and meeting all requirements of the City and all other governmental agencies having jurisdiction; C. Cleaning of wastewater pipe segments and public laterals,as hereinafter specified,to permit proper Closed Circuit Television (CCTV) inspection and rehabilitation; D. Disposal of waste and sediment as specified herein; E. Removal of roots and other materials that require the use of specialty equipment defined as specialty cleaning as specified herein; F. Clean up as the work progresses and after the completion of all work activities; and, G. All other work required for the satisfactory cleaning of the wastewater pipes and manholes. The Contractor is advised that the Contract requires work in active wastewater collection systems and shall follow all Federal, State and local requirements for safety when in confined spaces. The Contractor shall conform to all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations; 29 CFR Ch. XVII, Section 1910.146 Confine Space Entry. 4.2 QUALIFICATIONS The Contractor shall have experience in cleaning of vitreous clay pipe, concrete pipe, and other pipe materials typically found in wastewater collection systems. 4.3 SUBMITTALS The Contractor shall submit the cleaning equipment project data to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. 4.4 PRODUCTS 4.4.1 Cleaning Equipment A. The wastewater system shall be cleaned with industry standard truck-mounted high velocity hydro- cleaning equipment. No mechanical bucket machinery will be acceptable for the cleaning process. All controls shall be located so that the equipment can be operated above ground. During hydro- cleaning, the Contractor shall restrict the flow level in the pipe to a maximum of 50 percent of the pipe diameter. Particular care should be taken to avoid flooding house connections during hydro- cleaning operations. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 143 TECHNICAL SPECIFICATIONS Page 822 OF 18 7 B. The Contractor shall provide equipment capable of removing all sand, dirt, rocks and other debris from the pipe segment to allow unobstructed remote CCTV inspection of all internal pipe surfaces. C. The Contractor shall certify that backup cleaning equipment, including machines, devices, tools, etc. is available and can be delivered to the site within 24 hours. D. Any blockages of building service connections, resulting from the cleaning or other items of work shall be removed by cleaning of the building connection by the Contractor, at his own expense. Any damage caused by flooding of building service connections shall be corrected by the Contractor, at his own expense. E. The Contractor shall provide specialty equipment capable of mechanically removing all attached, hardened and/or cemented debris including, but not limited to, roots, grease, calcification, tuberculation, joint sealant, other hardened or tightly adherent deposits, etc. which cannot be removed by the use of industry standard high velocity hydro-cleaning equipment alone. Specialty equipment shall include, but is not limited to, a root saw, spring blade root cutter chuck or approved equal. F. Lateral cleaning equipment, if required, shall be a remote control directional unit to launch a high pressure cleaning nozzle into a lateral connection from within the main pipe. 4.5 EXECUTION 4.5.1 CIPP—Cleaning Light Cleaning refers to cleaning of wastewater pipes where 9% or less of the original pipe diameter is accumulated with debris. Medium Cleaning refers to cleaning of wastewater pipe where 10%to 29%of the original pipe diameter is accumulated with debris. Heavy Cleaning refers to cleaning of wastewater pipes where 30% or greater of the original pipe diameter is accumulated with debris. Specialty Cleaning is performed in addition to Light, Medium,or Heavy Cleaning. Specialty Cleaning shall include, but is not limited to removal of hardened debris, roots, grease, calcification and tuberculation. A. After determining the preliminary requirements and the feasibility of effective CCTV inspection, the Contractor shall thoroughly clean all required pipe segments or public laterals as required to permit an unrestricted inspection by industry standard CCTV inspection equipment. Particular emphasis shall be afforded the removal of accumulated grease, roots, sand, rocks, bricks, sludge and other debris so that the CCTV inspection will clearly show all portions of the pipe segment, all to the satisfaction of the Project Manager or his or her designee. If CCTV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to repeat the cleaning and CCTV inspection of the pipe segment at no additional cost to the City. B. The Contractor shall contact Customer Relations located in City Hall at 100 E. Boynton Beach Boulevard, (561) 742-6300 to obtain a fire hydrant meter to measure water required for cleaning during rehabilitation activities. The Contractor will be charged a fee for the use of the meter and will be billed for water used. A backflow prevention devise shall be used to prevent contamination of the potable water system. C. Prior to project closeout, the Contractor shall verify that all water use charges are paid by obtaining a FINAL payment receipt from Customer Relations; and, verify that all water meters and backflow prevention equipment was returned. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 144 TECHNICAL SPECIFICATIONS Page 829 OF 18 7 D. Fire hydrant meters shall be furnished and installed by the Contractor at all points where water is drawn from the City supply. The Contractor is responsible for any damage resulting from improper operation of hydrants. Hydrants shall not be obstructed when there is a fire in the area. E. The Contractor shall not waste water from the public water supply because of improper connections or from hydrants left open. F. Waste and debris cleaned from the pipe segment shall be removed at the downstream manhole by pumps or other means. The discharge and drainage stream shall be returned downstream to the wastewater collection system for disposal. Under no circumstances shall wastewater or solids be dumped onto the ground surface, street, or into ditches, catch basin or storm drains. All solid and semi-solid debris resulting from the cleaning operations shall be removed from the site and taken to the wastewater treatment facility to which the debris would have arrived in the absence of the cleaning operation, unless directed otherwise. Contractor is responsible for transporting the debris and must remove and properly dispose of excess water from the debris prior to disposal at the South Central Regional Wastewater Treatment Plant located at 1801 North Congress Avenue, Delray, Beach, FL. G. Where access to manholes in easements and right-of-way is required, the Contractor shall obtain permission from the homeowner for equipment access. Refer to CIPP Technical Specification Section 1 (1.8)- General for additional information on Work in Private Property. H. Barricades and warning signs shall be used in work areas and around open manholes. The Contractor shall furnish and maintain traffic controls and safety devices as required. I. Normal Cleaning (Light, Medium and Heavy) includes the removal of sludge, sand, silt, rocks, gravel and other loose and non-adhering debris regardless of the amount in an unlimited number of passes, and requires a minimum of two passes with the high velocity hydro-cleaning equipment. The first pass shall be restricted to 800 psi at the nozzle head. The second and subsequent passes shall be at 1200 psi. J. Specialty Cleaning includes Normal Cleaning criteria and also consists of removal of all attached, hardened and/or cemented debris including, but not limited to, roots, grease, calcification, tuberculation, joint sealant, other hardened or tightly adherent deposits, etc. which cannot be removed by the use of industry standard high velocity hydro-cleaning equipment alone. Specialty Cleaning consists of an unlimited number of passes using specialty cleaning equipment in conjunction with high velocity hydro-cleaning equipment. All pipe shall be restored to at least 95 percent of their normal diameter. Joint sealant shall be removed to within '/4-inch of the pipe wall. Specialty Cleaning only for the removal of excessive joint sealant will generally not be required until just prior to lining of the pipe segment(if necessary), unless the joint sealant prevents the passage of the CCTV inspection equipment. Specialty Cleaning shall only be undertaken when specifically authorized by the Project manager or his or her designee. K. Employ satisfactory precautions to protect the pipe and manholes from damage that might be inflicted by improper selection of the cleaning process or improper use of the equipment. Immediately notify Project Manager if fresh soil, pieces of pipe, or other visible signs of potential problems occur during cleaning operation. When using hydraulically propelled devices, take precautions to ensure that the water pressure created does not cause damage or flooding to public or private property. Do not surcharge the wastewater beyond the elevation that could cause overflow wastewater into area waterways or buildings, or onto ground. L. The Contractor shall clean upstream reaches of the system before the downstream reaches are cleaned. Hydro-cleaning equipment shall be inserted in the downstream manhole of pipe segment, and the cleaning work shall proceed from upstream to downstream. Winching equipment used shall not damage the pipe or manholes. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 145 TECHNICAL SPECIFICATIONS Page 824 of 7 4.5.2 Final Acceptance of Pipe Cleaning Acceptance of pipe segment cleaning shall be made upon the successful review of the CCTV inspection by the Project Manager. If the CCTV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to repeat the cleaning and CCTV inspection of the pipe segment until the cleaning is shown to be satisfactory. Such repeat cleaning and CCTV inspection shall be made at the Contractor's expense. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 146 TECHNICAL SPECIFICATIONS page 825 -6 4AJ el 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 5—CLOSED CIRCUIT TELEVISION INSPECTION 5.1 GENERAL The City's closed circuit television (CCTV) trucks are equipped with Cobra Technologies TM Information Software and the statistical information is subsequently imported to the Cobra Information Management System (CIMSTM) The Contractor shall use PACP Format v. 6.0 to ensure compatibility. The Work in this section includes furnishing all labor, materials, tools, and equipment for the CCTV inspection of the interior of wastewater collection system. The pipe shall be cleaned by the Contractor prior to CCTV inspection as specified in CIPP Technical Specification Section 4 -Cleaning of Wastewater System. Post-cleaning CCTV inspection shall be a recorded video inspection by the Contractor of the interior of pipe following (post)cleaning, and prior to any rehabilitation work. Post-cleaning CCTV inspections shall verify that the pipe segment is clean and allow an evaluation of the condition of the pipe. Post-cleaning/Pre-rehabilitation CCTV inspection shall identify the location of service connections and pipe segment defects that may require rehabilitation. Post-rehabilitation CCTV inspection shall be a recorded video inspection to determine that rehabilitation of a pipe segment has been completed according to Specifications. The inspections shall be done one pipe segment (i.e. manhole to manhole)at a time. This Contract requires work in active wastewater collection systems and the Contractor shall follow all federal, state and local requirements for safety in confined spaces. The Contractor shall conform to all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations; 29 CFR Ch. XVII, Section 1920.146 Confined Space Entry. 5.2 QUALIFICATIONS CCTV inspections shall be in compliance with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP)standards and performed by NASSCO PACP certified inspectors. The Contractor shall have experience in the CCTV inspection of vitreous clay pipe, concrete pipe, and other pipe materials typically found in wastewater collection systems. 5.3 SUBMITTALS 5.3.1 Submitted CCTV inspections become the property of the City. The Contractor shall maintain a master copy of all CCTV inspection data until final acceptance of the project. The CCTV inspection video shall not be edited. The contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Prior to the beginning of any work, a sample PACP database and video demonstrating compliance with the requirements above shall be submitted to the Project Manager for approval; B. The equipment manufacturer's guidelines; and, C. Video and data from CCTV inspection surveys on Compact Disc (CD), Digital Video Disc (DVD) and/or other acceptable digital media along with hard copy reports of inspection surveys. The labeled digital media and hard copies of the inspection reports in a three-ring binder, shall be assembled in an orderly manner and submitted together. All final data for each completed pipe segment shall be submitted in a single NASSCO PACP Data Exchange Format. 5.4 PRODUCTS 5.4.1 Equipment Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 147 TECHNICAL SPECIFICATIONS Page 826 7 A. CCTV Equipment: Select and use CCTV equipment that shall produce a high quality color video. B. Pipe Inspection Camera: Produce a video using a pan-an-tilt, radial viewing, pipe inspection camera that pans±275 degrees and rotates 360 degrees. Use a camera with an accurate footage counter, which displays on the monitor the exact distance of the camera from the centerline of the starting manhole. Use a camera with camera height adjustment so that the camera lens is always centered at one-half the inside diameter in the pipe being televised. Only self propelled cameras shall be used to provide an unobstructed view of the pipe. Provide a lighting system that allows the features and condition of the pipe to be clearly seen. A reflector in front of the camera may be required to enhance lighting in dark or large diameter pipe. The camera shall be operative in 100 percent humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500-line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the Project Manager, if unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection. C. Lateral Inspection Camera: Produce a video using radial viewing, pipe inspection camera that can be launched from the main pipe into the service lateral. Use a camera with an accurate footage counter that displays on the monitor the exact distance of the camera in the lateral from the main pipe. Use a centering device for the lateral camera to maximize protection and passage so that the camera lens is always centered in the pipe being televised. Use a sound and camera locating receiver to locate the end of the public lateral at the property line. The camera shall use a self- leveling system that allows the features and humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500-line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the Project Manager, if unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection. The lateral inspection camera shall be the LAMP system by Cues, Inc., or approved equal. D. Video: Video shall be recorded on CD/DVD or other acceptable digital media, as required by the Project Manager. 1)Only CCTV inspections of pipe segments from the same work area may be included on a single CD/DVD. 2) Only one pipe segment or public lateral inspection shall be permitted in each video file. The Contractor shall not be permitted to start a portion of a televised segment on one video file and finish on another. Reverse inspections shall be included in the same video file or may be in a separate video file if included on the same CD/DVD. 3) Media identification labels are required. A label shall be placed on each disc with the following information: 4) Identification Label: a) Project Name, City Bid Number b) Contractor's Name C) Inspection Type: Post-cleaning/Pre-rehabilitation, and Post-rehabilitation d) Lift Station Basin e) Video Filename f) Date Submitted E. The Contractor shall provide with each video a PACP complaint report that shall include the header data, pipe defects, service connections, and PACP Condition Grading System ratings for the structural and operational & maintenance defects. F. The Contractor shall provide a detailed header at the beginning of each video file and log sheet. At a minimum the header shall include: Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 148 TECHNICAL SPECIFICATIONS Page 82:7 of 7 1) Project Name, City Bid Number 2) Contractor's Name 3) Operator's Name and PACP Certification Number 4) Inspection Type: Post-cleaning/Pre-rehabilitation, or Post-rehabilitation 5) Inspection Date 6) Master Lift Station Basin Number 7) Lift Station Number 8) Upstream and Downstream manhole numbers 9) Street Name and Number 10) Upstream and Downstream Rim to Pipe Invert Depth 11) Upstream and Downstream Grade to Pipe Invert Depth 12) Survey Direction 13) Method of Flow Control 14) Pipe Shape and Size 15) Pipe Total Length 16) Pipe Surveyed Length 17) Pipe Joint Length 18) Pipe Material G. The Contractor shall superimpose a footage counter on the screen that runs continuously during the course of each video file. 5.5 EXECUTION 5.5.1 Televising A. After completion of cleaning and prior to rehabilitation: 1) Conduct CCTV inspection of the pipe segment or public lateral to document the condition of the pipe segment and to locate existing service connections; 2) CCTV inspections shall be of sufficient quality for the Project Manager to evaluate the condition of the pipe, locate the service connections, and verify cleaning; 3) Immediately after rehabilitation, televise the pipe segment to document completion of rehabilitation work and quality; and, 4) Contractor to notify the Project Manager 24 hours in advance of any CCTV inspection so that the Project Manager or Supervisor may observe the inspection operations. B. Perform CCTV inspection of pipe segments and public laterals as follows: 1) Perform Post-cleaning/Pre-rehabilitation CCTV Inspection immediately after pipe cleaning and before pipe rehabilitation work. Verify that the pipe is clean and ready for rehabilitation. 2) Collect post-cleaning inspection video at each service connection for an extended period to better understand the flow from each service connection. The camera shall be positioned at each service connection for a sufficient duration to determine the nature of flow and condition of the connection (minimum of 30-seconds). If a service connection is in use, the Contractor shall pause the inspection until domestic flow has ceased. Any service connection inspection deemed unacceptable by the Project Manager shall be re- televised by the Contractor at no additional cost to the City. 3) Perform post-rehabilitation CCTV inspection to confirm completion of rehabilitation work, including removal and replacement. Verify that the rehabilitation work conforms to the requirements of the Specifications. Provide a video showing the completed work, including Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 149 TECHNICAL SPECIFICATIONS Page 828 of 7 the condition of restored service connections. The video shall be taken with dry or damp pipe walls (no dripping or splashing). Prepare and submit a report providing location of service connections along with the location of any discrepancies. 4) Videos shall pan beginning and ending manholes including pipe connection area to demonstrate that all debris has been removed. Camera operator shall slowly pan each service connection, significant defects, clamped joints, and pipe material transitions. 5) The accuracy of the measurements for location of defects,service connections, etc. cannot be stressed too strongly. Marking on cable, or the like, which would require interpolation for depth of manhole, shall not be allowed. The footage measurement device shall be accurate to one-tenth of a foot over the entire length of the pipe segment being inspected. Prior to recording the location of a defect, service connection, etc., slack in the cable of the CCTV inspection camera shall be taken up to assure the measuring device is designating proper footage. Accuracy of the measurement device shall be checked daily by use of a walking meter, roll-a-tape, or other suitable means. 6) Camera distortions, inadequate lighting,dirty lens, blurred/hazy picture, or excessive water depth shall be cause for rejection of the CCTV inspection for that pipe segment. Any pipe segment CCTV inspection deemed unacceptable by the Project Manager shall be re- televised and a new video and report provided by the Contractor at no additional cost to the City. Payment for CCTV inspection and subsequent rehabilitation shall not be made until the Project Manager approves the quality of the video and logs. C. CCTV inspection video shall be continuous for a pipe segment between manholes. Do not leave gaps in the video of a segment between manholes and do not show a single segment on more than one video, unless specifically allowed by the Project Manager. D. Where access to manholes in easements and rights-of-way is required, the Contractor shall obtain permission from the homeowner for equipment access. Refer to CIPP Technical Specification Section 1 (1.8)—Work in Private Property for more information. 5.5.2 Flow Control A. Perform CCTV inspection of one pipe segment at a time. Adequately control the flow in the segment being televised. The Contractor shall use pipe plugs in the upstream manhole to control the depth of flow where feasible. Do not exceed the depth of flow as follows: Pipe Diameter Depth of Flow Inches (Percent of Pipe Diameter) 6- 10 10 12-24 15 >24 20 B. If the wastewater flow depth exceeds the maximum allowable during the CCTV inspection of pipe segment, reduce the flow depth to an acceptable level by performing the CCTV inspection during minimum flow hours, by "By-pass Pumping", by high-velocity jet muzzle or other acceptable dewatering means Technical Specification Section 02322 Dewatering and Drainage. Video made while floating the camera is not acceptable. Additionally, post-rehabilitation CCTV inspection shall be performed with the added requirement that the pipe walls are damp or dry (no dripping or splashing). 5.5.3 Passage of CCTV Camera Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 150 TECHNICAL SPECIFICATIONS Page EIE-9 of i 7 A. Do not propel the television camera through the pipe segment at a speed greater than 30 feet per minute and no slower than 15 feet per minute unless the inspection is stopped for service connection or defect viewing. B. If the camera is unable to pass an obstruction during CCTV inspection of a pipe segment, televise the segment from the other direction (reverse setup)in order to obtain a complete CCTV inspection of the segment. 1) When the camera is proceeding in the opposite direction in order to survey on either side of an obstruction and a second obstruction is encountered away from the first obstruction, the inspection may be terminated and the Contractor shall be paid for the length of the pipe segment inspected. 2) The Project Manager makes no guarantee that pipe segments specified for CCTV inspection are clear for the passage of the Contractor's cleaning and CCTV equipment. Select the appropriate equipment, tools, and methods for securing safe passage of the equipment. The Contractor shall be responsible for all costs associated with the equipment. The Contractor shall be responsible for all costs associated with the retrieval of cleaning and CCTV inspection equipment that become stuck in the system. These costs include, but are not limited to, "By-pass Pumping" and any resultant restoration, all in accordance with City standards. The City reserves the right to remove the Contractor's stuck equipment from the system if the Contractor fails to do so in a timely manner. All costs incurred by the City to remove the Contractor's stuck equipment from the wastewater system shall be paid by the Contractor. C. The Post-cleaning/Pre-rehabilitation CCTV inspection shall document that the pipe is ready to rehabilitate. Report any variations between previous reported (existing data) conditions and the actual conditions encountered to the Project Manager. D. The post-rehabilitation CCTV inspection shall document completion of the rehabilitation work and conformance to the Specifications. Provide a full 360-degree view of pipe, joints and service connections. Conduct post-rehabilitation CCTV inspection separately from cleaning operations in order to provide a clear view unobstructed by splashing or dripping. 5.5.4 CCTV Inspection Data Requirements A. For each CCTV inspection survey (manhole to manhole, or lateral), provide the data/video in electronic format and a hard copy report. Electronic inspection data shall be submitted in Pipeline Assessment Certification Program (PACP) v. 6.0 compatible with COBRA TechnologiesTA° Data Logger and Cobra Information Management System (CIMSTM). A single database as well as multiple pipe segment video files from the same Work List can be included to the same CD/DVD provided they fit. The video files and database included on all media shall be labeled per City approved format. The hard copy inspection report shall include header information and provide a log of all defects, service connections and other conditions indexed the footage counter using PACP format. B. CCTV inspection video and data shall be captured in digital format and collected with PACP v. 6.0 certified software. The software shall be capable of exporting PACP data exchange files compatible for import into CIMSTM. The software shall capture the inspection data in the PACP defect coding mode. C. All CCTV inspections shall be created and performed referencing the City's Master Lift Station Basin as the collection area, Lift Station and manhole naming standards. The Project Manager will provide the Master Lift Station Basin, Lift Station and manhole naming standards and master list to the Contractor. The Contractor may not alter or edit the City's assets master list without prior approval from the Project Manager. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 151 TECHNICAL SPECIFICATIONS Page 898 of 7 D. The CCTV inspection video files shall be encoded using MPEG1 or MPEG2 standards, and shall provide at least VHS quality at a minimum of 35s x 240 pixels resolution, 30 frames per second, and bitrate of 1.4 megabit per second. Extraneous video coverage before and after the completion of the pipe segment CCTV inspection shall be edited out by the Contractor to minimize the size of the associated digital video file. E. Video filenames shall be created using a format of "Lift Station Basin ID-Master Lift Station ID- Upstream MH ID-Downstream MH ID-Inspection Date (YYYYMMDD)follow by the file extension". Example for the initial inspection: 317-501-004-003-20130827. MASTER LIFT LIFT STATION UPSTREAM DOWNSTREAM DATE STATION ID ID MANHOLE ID MANHOLE ID (YYYYMMDD) 317 501 004 003 20170327 Example for a reverse inspection: 317-501-004-003-20170327R. F. Video filenames for public lateral inspection shall be created using format of "Lift Station Basin- Master Lift Station ID-Upstream MH ID-Downstream HH ID- Inspection Date (YYYYMMDD)-LAT Distance from MH (U for Upstream, D for Downstream)followed by the file extension. Example inspection: 317-501-004-003-20130511 LAT161.8D.mpg MASTER LS ID UPSTREAM DOWNSTREAM DATE LF UPSTREAM OF LS ID MH ID MH ID (YYYYMMDD) DOWNSTREAM MH 317 501 004 003 20130827 161.8 In this case the lateral was 161.8 liner feet from downstream manhole 003 5.5.5 Field Quality Control A. Contractor shall not allow wastewater or solids to be released from the wastewater system onto streets or into ditches, catch basins, stormwater drains, stormwater manholes, etc. B. Acceptance of pipe cleaning and rehabilitation work is contingent upon the successful completion of the CCTV inspection. If the CCTV inspection video is not acceptable or shows that debris,solids, sand, grease, or grit remains in the pipe, the CCTV inspection and/or cleaning shall be considered unsatisfactory. The cleaning and CCTV inspection of the pipe segment shall be repeated at the Contractor's expense until it is satisfactory. C. Pre-installation and post-rehabilitation inspections shall either be recorded on the same media or shall be referenced, if recorded on separate media. Acceptance of the Work shall be based on Project Manager or Supervisor's review of the CCTV inspection. Post-rehabilitation CCTV inspection shall not be performed in conjunction with cleaning operations and the liner wall shall be as dry as practical during the inspection (no dripping or splashing). Lateral Liner(if installed) post- rehabilitation CCTV inspection shall be performed top-down from the clean-out or bottom up from the mainline with a specialty lateral inspection device and at the mainline/lateral interface with a mainline pan and tilt camera. All CCTV inspections delivered to the City shall be in accordance with CIPP Technical Specification Section 5 —Closed Circuit Television. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 152 TECHNICAL SPECIFICATIONS Page 8-1r+ of i 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 6— REMOVAL OF PROTRUDING SERVICE CONNECTIONS 6.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for internally removing and sealing protruding service connection taps and excess mortar in wastewater pipe segments scheduled to be rehabilitated. Remove only those taps that protrude sufficiently as specified herein which are determined to interfere with the pipe rehabilitation. The intent is to remove the minimum number of protruding taps necessary to allow the entire pipe segment to be rehabilitated. The Contractor shall maintain wastewater flows, including by-pass pumping, as required at all times during the performance of this work. The Contractor shall remove all dirt and debris caused by tap removal. Excess material will not be allowed to enter the wastewater system and carried to downstream reaches. 6.2 PRODUCTS 6.2.1 Equipment A. Protruding taps shall be removed using an internal, remote-controlled intruding pipe remover. Excavation and replacement of protruding taps will not be allowed except under special situations authorized in writing by the Project Manager. B. The equipment shall consist of a main body containing a rotating head assembly equipped with carbide cutting edges. The rotating cutting head shall be driven by air or by electricity and shall be capable of cutting concrete, vitrified clay pipe or other materials commonly used for pipe construction with the exception of cast iron or steel C. The equipment shall be self-propelled or pulled through the pipe using winches and a cable set up between adjacent manholes. D. The equipment shall be positioned using a TV camera in conjunction with the cutter assembly. 6.3 EXECUTION 6.3.1 Performance A. The Contractor shall remove all service taps specified herein that inhibit pipe segment rehabilitation methods. The Contractor is required to remove protruding taps to the point where they are flush with the inside wall of the pipe. B. The Contractor shall maintain a complete record of all taps that were removed, and furnish two (2) copies of this record at the completion of this work. 1) The list shall show the Work Order Number, date, street, and pipe segment (by manhole numbers), station and location (left, right and top)of each tap removed. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 153 TECHNICAL SPECIFICATIONS Page 892 of 7 2) The list shall also show similar data for any taps that were not successfully removed, as well as the reason why removal was unsuccessful. C. The Contractor shall protect existing main pipe and service laterals from damage caused by improper use of the equipment. Damage to a main pipe or service lateral caused by removal of a tap shall be repaired immediately, as directed by the Project Manager or Supervisor, at the Contractor's expense. Any increase in infiltration at the service connection caused by the Contractor's removal of the protruding tap shall be chemically sealed by the Contractor at no additional cost to the City, in accordance with CIPP Technical Specification Section 8 — Chemical Sealing of Service Connections. D. The Contractor shall remove all dirt and debris from the wastewater system following completion of tap removal. 6.3.2 Inspection A. Contractor shall televise protruding service connection tap prior to removal, recording location and footage to service connection. Following successful completion of removal, Contractor shall perform post-construction television inspection. B. Post-cleaning and post-rehabilitation television inspections shall be recorded on the same video as specified in CIPP Technical Specification Section 5 — Closed Circuit Television Inspection. Video and data shall be submitted to the Project Manager. Video and data shall become the property of the City. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 154 TECHNICAL SPECIFICATIONS Page 8-73 of 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 7—CHEMICAL SEALING OF HOST PIPE 7.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for reducing infiltration within the host pipe to an acceptable level prior to liner installation to insure that placement and curing is not adversely affected by the presence of excessive infiltration. Accordingly, the Project Manager will base acceptance of this portion of the Work on the reduction of infiltration at host pipe joints and other defects to a level that will insure completion liner installation in accordance with these specifications. Contractor shall furnish all labor, materials, equipment and incidentals to seal active infiltration at host pipe joints and other defects as directed. Sealing shall be from inside the host pipe using a device equipped with a pan and tilt camera and inflatable packer as described herein. 7.2 PRODUCTS 7.2.1 Sealing Materials A. The sealing compound shall be Acrylic base gel — Avanti AV-100, AV-118, Urethane base gel — Avanti AV-350 or Acrylate base gel — Deneff AC-400 or approved equal, and shall be suitable for use in domestic wastewater collection systems. Handling, formulation and storage of the sealing gel compound shall be in strict conformance with the manufacturer's recommendations. The uncured gel shall be delivered to the site in unopened containers, with the date of manufacture clearly indicated, no uncured gel manufactured more than six months prior to the date of application shall be utilized. Residual sealing materials shall be removed from the wastewater collection system after injection to insure no flow reductions, restriction or blockage occur. B. Avanti Icoset additive shall be added to the sealing compound for gel strengthening. The quantity of Icoset additive will be according to the manufacturer recommendation. The sealing compound admixture shall be adjusted to meet specified viscosity and reaction time. 7.3 SUBMITTALS 7.3.1 The Contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Gel compounds B. Installation equipment 7.4 EQUIPMENT 7.4.1 General A. Sealing equipment shall consist of two separate pumping systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Pumps, fittings and hoses shall be designed to transport a high viscosity material and shall not be affected by acetone or ketone solvents. B. Sealing materials shall pass from the pumping system through instant reading, controlled flow meters and then through a dual hose system into the sealing device. The device (referred to hereafter as a packer) shall be a cylindrical case of a size less than pipe size, with the cables at either end used to pull it through the host pipe. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 155 TECHNICAL SPECIFICATIONS Page 894 of 7 C. Generally, the equipment shall be capable of performing the specified operation in pipes where flows do not exceed 25 percent without resorting to any method of flow control. D. Air impervious inflatable sleeves shall be mounted over the cylinder with the ends of the sleeve sealed to the ends of the casing. The sleeves shall be so constructed that they can be pneumatically expanded from the center to both ends. The center portion of the sleeve shall be sealed to the casing by a broad confining band. When the packer is inflated, two widely spaced annular bladders shall be formed, each having an elongated shape and producing an annular void around the confined portion of the sleeve. No sealing device which is expanded mechanically nor where the expansion sleeve is not continuous will be allowed in order to prevent damage to the pipe from excessive amounts of sealing pressures or air leakage in the center area of such sealing device. The sleeve shall be a low void packer. 7.5 EXECUTION 7.5.1 General Sealing shall be by the pressure grout method. Generally, this shall be accomplished by forcing chemical sealing gel materials through a system of pumps and hoses into and through the joints and other defects of the host pipe from the packer within the pipe. Jetting or driving pipes from the surface that could damage or cause undermining of the wastewater system shall not be allowed. 7.5.2 Grout Mixing A. The Contractor shall mix all grout at the job site in the presence of the Project Manager or Supervisor. No grout will be used on the job which has been mixed off site and is in the Contractor's tank when the truck drives on site. The Contractor's personnel shall follow the manufacturer's recommendations for the mixing and safety procedures to protect personnel from any adverse effects of the grouting compounds. Powder and additives shall be added and mixed at rates,which will minimize the formation of lumps within grout tanks solutions. All additives will be thoroughly mixed in the grouting component tanks. B. Prior to application of grout for seal purposes, a pump test will be performed to determine if equal quantities of grout are being pumped from the grout component tanks. Separate containers shall be used to capture the discharges from the grout component tanks. One gallon of grout shall be pumped and the pump strokes shall be counted. If unequal quantities are being pumped, the Contractor shall take corrective action. The pump test shall be repeated until equal quantities are pumped from the grout tanks. C. During the grouting process, the Contractor shall monitor the grout component tanks to make sure that equal quantities are being pumped. If unequal levels are noted in the tanks, the pump test shall be repeated as described above. At the beginning of each day, when new batches of grout are mixed and when grout additives are modified to change gel times, a test shall be performed with the quantities of grout to determine the grout mixture gel time. The Contractor shall have accurate scale(s)which shall be used to weigh the various non water grout solution components. 7.5.3 Host Pipe Sealing by Pressure Grout Method A. The packer shall be positioned over the area of infiltration by means of a measuring device at the surface and the closed circuit television camera in the pipe. Accurate measurement of the location of the effect to be sealed shall be made, using a portion of the packer as a"Datum"of measurement point or target. Such measurement, target or point shall also be used to obtain necessary measurement for positioning injection area of packer over the area to be sealed. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 156 TECHNICAL SPECIFICATIONS Page 895 OF 18 7 B. The packer sleeves shall then be pneumatically expanded and shall seal against the inside periphery of the pipe to form a void area at the joint or defect now completely isolated from the remainder of the pipe segment. C. Into the isolated area sealant materials shall be pumped through the hose system at controlled pressures,which are in excess of groundwater pressures. The pumping, metering and packer shall be integrated so that proportions and quantities of materials and pressures for materials and sealing gel can be instantly monitored and regulated in accordance with the type and size of the leak, percentage of voids being filled, type of soil surrounding the pipe and the rate of flow of the sealing get solution in relation to the back pressures. These parameters should follow the manufacturer's specifications and guidelines. D. Upon completion of the injection,the television camera shall be moved to a position to observe and inspect the results of the injection. If inspection shows the seal was not effective, the process shall be repeated until infiltration has been reduced to an acceptable level for liner installation. E. The packer shall be moved forward, wiping away the excess grout. The excess sealing material removed from the joint by the grouting equipment shall be flushed or pushed forward to the next downstream manhole, removed from the wastewater system and disposed of by the Contractor as specified by disposal of debris resulting from cleaning operations. In no case shall excess grout material be allowed to accumulate and be flushed down the system. F. It is intended that chemical sealing shall be performed on host pipe immediately prior to the installation of the liner unless otherwise authorized by the Project Manager. The Contractor shall notify Supervisor a minimum of 48 hours prior to commencing Chemical sealing operation. The quantity of grout used shall be verified by the Supervisor. G. Any part of the wastewater system damaged as a result of the Contractor's operations shall be promptly repaired by, and at the expense of the Contractor. H. All activities shall be video inspected during the sealing operation. The video shall be submitted to the Project Manager for review and for permanent record. The video inspection shall comply with the requirements of the CIPP Technical Specification Section 2 —Cured-In-Place Pipe. 7.5.4 Cleanup Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed and disposed of by the Contractor at an approved site. Sealed joints shall be left reasonably "flush"with the existing pipe surface. Excessive residual sealing materials in the system shall be cleaned to remove the residual materials. 7.5.5 Disposal Furnish equipment for collection of cleaning solvents used in the cleaning of the sealing equipment. Collected solvents shall be disposed of by and approved solvent recover process. Disposal of cleaning solvents into the wastewater system or into natural watercourses will be strictly prohibited. 7.5.6 Wastewater Flow Controls When wastewater flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct the inspection and sealing operations, one or more of the following methods of flow control shall be used. A. A plug shall be inserted into the pipe at a manhole upstream from the section to be inspected and/or sealed. The plug shall be so designed that all or any portion of the wastewater flows can be released. During the inspection portion of the operation, flows shall be shut off or substantially Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 157 TECHNICAL SPECIFICATIONS Page 896 of 7 reduced in order to properly inspect the pipe at the invert. After the inspection is complete, flows shall be restored to normal or not more than '/4 of the pipe diameter during the sealing operation. The Contractor will be responsible for preventing backups and overflows. B. Where pumping is required, in the opinion of the Project Manager, to assure completion of the inspection and sealing work, the Contractor will be required to furnish pumping and by-passing equipment. Refer to the requirements in CIPP Technical Specification Section 1(1.07)-General. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 158 TECHNICAL SPECIFICATIONS Page 89:7 of 7 CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 8—CHEMICAL SEALING OF SERVICE CONNECTIONS 8.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for reducing infiltration within service laterals and to seal annular space between liners and host pipes at service lateral connections. Accordingly, the Project Manager will base acceptance of this portion of the work on retesting of the joints sealed and inspection of the joints using remote television inspection. Contractor shall furnish all labor, materials, equipment and incidentals to seal active service connections in those pipe segments having liners installed, as specified and as directed by the Project Manager. Sealing shall be from within the main pipe using a device equipped with a pan and tilt camera and inversion tube. 8.2 PRODUCTS 8.2.1 Sealing Materials A. The sealing compound shall be Acrylic base gel —Avanti AV-100, AV-118, Urethane base gel — Avanti AV-350 or Acryrlate base gel — Deneff AC-400 or approved equal, and shall be suitable for use in domestic wastewater collection systems. Handling, formulation and storage of the sealing get compound shall be in strict conformance with the manufacturer's recommendations. The uncured gel shall be delivered to the site in unopened containers,with the date of manufacture clearly indicated, no uncured gel manufactured more than six months prior to the date of application shall be utilized. Residual sealing materials shall be removed from the wastewater collection system after injection to insure no flow reductions, restriction or blockage occur. B. Avanti Icoset additive shall be added to the sealing compound for gel strengthening. The quantity of Icoset additive will be according to the manufacturer recommendation. The sealing compound admixture shall be adjusted to meet specified viscosity and reaction time. 8.3 SUBMITTALS 8.3.1 The contractor shall submit the following to the Project Manager in accordance with the Technical Specification 01330, Submittal Procedures. A. Gel compounds B. Installation equipment 8.4 EQUIPMENT 8.4.1 General A. Sealing equipment shall consist of two separate pumping systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Pumps, fittings and hoses shall be designed to transport a high viscosity material and shall not be affected by acetone or ketone solvents. B. Sealing materials shall pass from the pumping system through instant reading, controlled flow meters and then through a dual hose system into the sealing device. The device (referred to Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 159 TECHNICAL SPECIFICATIONS Page 898 of 7 hereafter as a packer)shall be a cylindrical case of a size less than pipe size, with the cables at either end used to pull it through the main pipe. C. Generally, the equipment shall be capable of performing the specified operations in pipes where flows do not exceed 25 percent without resorting to any method of flow control. D. Air impervious inflatable sleeves shall be mounted over the cylinder with the ends of the sleeve sealed to the ends of the casting. The sleeves shall be so constructed that they can be pneumatically expanded from the center to both ends. The center portion of the sleeve shall be sealed to the casing by a broad confining band. When the packer is inflated, two widely spaced annular bladders shall be formed, each having an elongated shape and producing an annular void around the confined portion of the sleeve. No sealing device which is expanded mechanically nor where the expansion sleeve is not continuous will be allowed in order to prevent damage to the pipe from excessive amounts of sealing pressures or air leakage in the center area of such sealing device. The sleeve shall be a low void packer. E. Lateral service sealing is accomplished with a "Logiball" lateral packer. The objective of the lateral service packer is to seal the lateral service connection to the main pipe and the first 18- inches of the service lateral. Laterals can range from 4 to 8-inch diameter. 8.5 EXECUTION 8.5.1 General Sealing shall be by the pressure grout method. Generally, this shall be accomplished by forcing chemical sealing gel materials through a system of pumps and hoses into and through the joints and other defects of the lateral pipe from the packer within the main pipe. Jetting or driving pipes from the surface that could damage or cause undermining of the wastewater system shall not be allowed. 8.5.2 Grout Mixing A. The Contractor shall mix all grout at the job site in the presence of the Supervisor. No grout will be used on the job which has been mixed off site and is in the Contractor's tank when the truck drives on site. The contractor's personnel shall follow the manufacturer's recommendations for the mixing and safety procedures to protect personnel from any adverse effects of the grouting compounds. Powder and additives shall be added and mixed at rates, which will minimize the formation of lumps within grout tanks solutions. All additives will be thoroughly mixed in the grouting component tanks. B. Prior to application of grout for seal purposes, a pump test will be performed to determine if equal quantities of grout are being pumped from the grout component tanks. Separate containers shall be used to capture the discharges from the grout component tanks. One gallon of grout shall be pumped and the pump strokes shall be counted. If unequal quantities are being pumped,the Contractor shall take corrective action. The pump test shall be repeated until equal quantities are pumped from the grout tanks. C. During the grouting process, the Contractor shall monitor the grout component tanks to make sure that equal quantities are being pumped. If unequal levels are noted in the tanks,the pump test shall be repeated as described above. At the beginning of each day, when new batches of grout are mixed and when grout additives are modified to change gel times, a test shall be performed with quantities of grout to determine the grout mixture gel time. The Contractor shall have accurate scale(s) which shall be used to weigh the various non water grout solution components. 8.5.3 Lateral Service Sealing by Pressure Grout Method Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 160 TECHNICAL SPECIFICATIONS Page 899 of 7 A. Air testing laterals shall be accomplished by isolation of the area to be tested with the lateral service packer and by applying positive pressure into the isolated void area. A pan and tilt camera shall be used prior to positioning the lateral packer. A sensing unit shall be used for continuous monitoring of the void pressure. This sensing unit shall be located within the void area and will accurately transmit continuous pressure readout to the control panel. B. Joint testing and grouting for laterals will utilize a"Logiball"type system. The packer ends (and elements, sleeves)shall be expanded using controlled air pressure. The expanded ends shall seal against the inside periphery of the pipe to form a void area at the lateral, now completely isolated from the remainder of the pipe segment. Into this isolated area,sealant materials shall be pumped through the hose system at controlled pressures that are in excess of groundwater pressures. The pressure devise shall accurately show psi to the nearest one-tenth (0.1)pound and shall instantly respond to and record any change in the void pressure. The joint shall be tested with a gauge pressure of one-half psi per foot of depth of lateral pipe as measured by the deeper of the two manholes between which the lateral is located, or a minimum of 4 psi, whichever is larger. The pumping unit, metering equipment, and the packer device shall be designated so that proportions and quantities of materials can be regulated in accordance with the type and size of the leak being tested or sealed, percentage of voids being filled, type of soil surrounding the pipe and the rate of flow of the sealing gel solution in relation to the back pressures. These parameters should follow the manufacturer's specifications and guidelines and be reviewed with the Project Manager prior to the beginning of any grouting activities. C. The test procedure will consist of applying air pressure into each isolated void area. To isolate a void, a lateral sealing packer shall be positioned straddling the lateral. The operator shall insert an inflatable inversion tube and inflate the packer ends to isolate the lateral. Once the designated pressure in the isolated void is displayed on the meter of the control panel, the application of air pressure will be stopped and a thirty-second waiting period will commence. The void pressure will be observed during this period. If the void pressure drop is greater than that allowed in the following Air Test Table, the lateral shall be considered to have failed the air test and shall be grouted as specified herein. AIR TEST TABLE Initial Void Pressure (psi) Void Pressure After 30 Seconds 12- 11 4.8-4.4 11 — 10 4.4-4.0 10-8 4.0-3.6 9-8 3.6-3.2 8- 7 3.2-2.8 7-8 2.8-2.4 6-5 2.4-2.0 D. After completing the air test for each individual lateral specified herein, the lateral packer shall be deflated, with the void pressure meter continuing to display void pressure. If the void pressure does not drop to approximately zero, the equipment shall be adjusted to provide a zero void pressure reading at the monitor. E. An air pre-test is not required for lateral sealing of service connections in main pipes that have been lined, as lateral sealing is required regardless of air test results. Pre and post-tests, and quantity of grout pumped shall be logged. F. Lateral sealing begins if the lateral does not pass the air test as described above. The lateral packer shall remain in position, thus maintaining the isolated void. Chemical grout sealant will be pressure injected through the lateral packer into the annular space between the inversion tube and the lateral pipe. Under pressure, the grout material shall be then forced out into the soil through leaking joints and pipe defects. The amount of chemical grout pumped is based Boynton Beach Utilities-Cured-In-Place Pipe Lining(CIPP) TS- 161 TECHNICAL SPECIFICATIONS page 848 -6 4A'J el 7 on the number of pump strokes delivered to each lateral. The number shall be recorded on the sealing log. G. Upon completion of the lateral sealing procedure, the lateral shall be air tested to verify the sealing of the connection. The air test will be the same as outlined above. If the sealed lateral fails the air test, the grouting procedure shall be repeated at no additional cost to the City. This sequence of air testing, grouting and subsequent air testing shall be repeated until either the lateral is sealed or it is determined that the grout consumption is too high and may result in the blockage of the lateral pipe. The final determination to stop subsequent attempts to seal a lateral will be made jointly between the Project Manager and the Contractor. H. The Contractor shall verify lateral flow after the successful sealing of each lateral. With the lateral packer in position, the inversion tube shall be retracted and air pressure injected into the lateral. Should a pressure build in the lateral and not drop to zero in a few seconds, the packer will be moved off the connection and the connection shall be viewed with a television camera. With the camera viewing the connection point, an attempt will be made to obtain a water flush by the occupant. If no water is viewed during this procedure, it shall be assumed that the building service connection is blocked with grout and the responsibility to clear the lateral will be the Contractor's at no additional cost to the City. I. The Contractor shall attach a notification form to the door of each home or building for which laterals have been grouted. This notification to the occupant shall state the following: The lateral service connection to: (address) Was grouted on: (date) If any blockage of wastewater flow occurs, please call: Emergency number: (561)000-0000 Any blockages that occur as a result of the lateral sealing operations will be cleared by the Contractor J. All activities shall be video inspected during both the air testing and sealing operation. The video shall be submitted to the Project Manager for review and for permanent record. The video shall display at a minimum the date, manhole numbers, footage to the lateral, and void pressure readout. In addition, the data obtained during this operation shall be recorded on a lateral testing and sealing log provided by the Contractor. The log shall specify conditions of each service lateral sealed, break-in-service connection, lined pipe, etc. 8.5.4 Cleanup Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed from the joint and disposed of by the Contractor at an approved site. The sealed joints shall be left reasonably "flush" with the existing pipe surface. If excessive residual sealing materials accumulate in the system (and/or if directed by the Project Manager), the section shall be cleaned to remove the residual materials. 8.5.5 Disposal Furnish equipment for collection of cleaning solvents used in the cleaning of the sealing equipment. Collected solvents shall be disposed of by an approved solvent recovery process. Disposal of cleaning solvents into the wastewater system or natural watercourses, will be strictly prohibited. Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 162 TECHNICAL SPECIFICATIONS Page 841 of 7 8.5.6 Wastewater Flow Controls When wastewater flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct the inspection and sealing operations, one or more of the following methods of flow control shall be used. A. A plug shall be inserted into the pipe at a manhole upstream from the section to be inspected, tested and/or sealed. The plug shall be so designed that all or any portion of the wastewater flows can be released. During the inspection portion of the operation, flows shall be shut off or substantially reduced in order to properly inspect the pipe at the invert. After the inspection is complete, flows shall be restored to normal or not more than one-fourth ('/4) of the pipe diameter during the joint testing and joint sealing operation. The Contractor will be responsible for preventing backups and overflows. B. Where pumping is required, in the opinion of the Project Manager, to assure completion of the inspection and sealing work,the Contractor will be required to furnish pumping and by-passing equipment. Refer to the requirements of article CIPP Technical Specification Section 1 (1.07) Wastewater By-Pass Pumping. END OF SECTION Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) TS- 163 TECHNICAL SPECIFICATIONS Page 842 of 7 A TTA CHMENT «A THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 1 - i Boynton Beach Utilities—Cured-In-Place Pipe Lining(CIPP) Attachment A 164 Page 849 Uf 1 7 W U LO a F- F- 0 z J H 0 W m z Z V cn W cn w 013 CL z o o � a o m o LU LU W LU J L ~LU 13 J W Co a �m w oa Q LL LL LL LL w LL Q LL LL ? 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C •U co 'o O I N co L C t� a cn F Ems' o Q �� C) W W +± O E co.N U •� ++ .,. a) -0 s N W Z Qp " -0a� � o O p — z U to Q N O Z 2 U) 72 7,1 U U O Q> >' � cow �� W _ � a UI J > n � o m H W Gj Ja ami co 0 Eo o Quo co m 0 E ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 2018 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 169 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 848 OF 7 NON-COLLUSION AFFIDAVIT OF RESPONDENT State of ) County of ) being first duly sworn, deposes and says that: He is of the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said RFQ is genuine and is not a collusive or sham RFQ; Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in anyway colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives,owners, employees,or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 170 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 849 of 1 7 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 171 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 85A ef 4 A] 7 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 172 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 8511 OF 1 8� 7 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid,which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 173 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 852 of 7 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this_day of ' 2018. (SEAL) CONTRACTOR: By ATTEST: Secretary Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 174 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 85P ef 4AA 7 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services of$1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. This requirement is not applicable to federally funded contracts. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title- Date- Boynton itle:Date:Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 175 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 @ � = o 0 / \ f � \ £ k = ® 0 C § e \ % \2 § ƒ( d § 4 � \ 0 LU \ o � k \ % LU 0 I / 0 kco 22 co % � \ Co = k a = o Q C-) L) " �= LL s o o % E w '\ LU LU I ° 2 0 ¥ LU m oma) @ Et � q £ / / u § E z < / \ / S_ 2 o a / e C) 3 Ea � k \ RO § oe 00 y) — 0 0 � � � z R = = o CL � < o a) V) § 3 0 0 o I & p 2 5 § \ E 0LU \ ƒ e \ = � � / 0L \ d0 E \ / C-) CU 2 § C} Z Go / 22 ° � � � -10 «a 200. C-4 >_>; � � o ~ ~ fes W9 m / r E o \ k 2 & � ooC-4 ® � CY � . = �$ &©0 § ± \ 3C Eo CU 2 LL ue =Lm0 C § 2 £ V) m a = o ° = S cu 2 � LU LU 2 \ / ° E3 � I \ o / o B o m : m r ¥ 7 ¥ & A � 0 k § \ y0 R E \ \ \a = moo 4E o e 0 7 < 0 2 0 3 / E 2 z 4-- \ 9 \ \ u Q >7cn % 7 \ 2- a) - ) ® = m \ ° \ \ / k \ § $o / 0 / \± / 2 a \\ 7 9 \ / \ k cu ms \ \ a \ / \ \ \ 0 k\ k § § U \ \ LL ƒ \ \ z = ot Z) o Dk \ / § \ / / \ / 7 0 \ =/ CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License Year Active: Established: Verified by: Date: Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 177 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 856 OF 7 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: UTILITIES DEPARTMENT, City of Boynton Beach, 124 E. Woolbright Road, Boynton Beach, FL 33435 Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ/Bid No. 057-2821-16/TP for CURED-IN-PLACE PIPE LINING (CIPP) PALM BEACH LEISUREVILLE ITB 02-CIPP-18/TP because of the following reasons: Specifications too "tight', i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) BF 178 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 855F OF 181.) 7 A TTA CHMENT "B DRAFT CONTRACT AGREEMENT Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) Attachment B Page 858 Of 7 DRAFT (Subject to modification and final approval by City Attorney) CONSTRUCTION CONTRACT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY', and , 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 2018, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ITB 02-CIPP-18/TP, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within J2&calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within IQ calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved Boynton Beach Utilities—Palm Beach Leisureville-Cured-In—Place Pipe Lining(CIPP) C-1 ITB 02-CIPP-18/TP Revised 3/8/18 Page 859 of i 7 in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and 2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _TBD Dollars ($ ) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY TBD Dollars ($ )for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR,for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 4.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 4.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 4.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until completion of the construction services. Boynton Beach Utilities-Palm Beach Leisureville-Cured-In-Place Pipe Lining(CIPP) C-2 ITB 02-CIPP-18/TP Revised 3/8/18 Page 868W of i 7 4.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.5.1 Defective Work not remedied. 4.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 4.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 4.5.4 Damage to another CONTRACTOR not remedied. 4.5.5 Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials,damages, and/or workmanship within twelve (12)month period. Article 6. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Invitation to Bid 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates,affidavits and other documentation) 6.4 Contract 6.5 Contractor's Performance and Payment Bond 6.6 General Conditions 6.7 Special Conditions 6.8 Technical Specifications 6.9 Drawings entitled: Cover, 6.10 Addendum No. 1 Dated Boynton Beach Utilities-Palm Beach Leisureville-Cured-In-Place Pipe Lining(CIPP) C-3 ITB 02-CIPP-18/TP Revised 3/8/18 page 861 -6 4AJ el 7 ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Division Attn: Joseph Paterniti, Project Manager Attn: Director of Financial Services City of Boynton Beach 124 E. Woolbright Road 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Boynton Beach FL 33435 Tel (561)742-6423 Tel (561)742-6322 Fax(561)742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITY/STATE/ZIP Attn: Tel: Fax: Article 8. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit,CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. FLORIDA'S PUBLIC RECORDS LAW, The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 10.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, Boynton Beach Utilities-Palm Beach Leisureville-Cured-In-Place Pipe Lining(CIPP) C-4 ITB 02-CIPP-18/TP Revised 3/8/18 Page 862 of 7 10.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 11. MISCELLANEOUS, 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities—Palm Beach Leisureville-Cured-In—Place Pipe Lining(CIPP) C-5 ITB 02-CIPP-18/TP Revised 3/8/18 Page 869 of 7 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12018. CITY OF BOYNTON BEACH CONTRACTOR Lori LaVerriere, City Manager Name Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities-Palm Beach Leisureville-Cured-In-Place Pipe Lining(CIPP) C-6 ITB 02-CIPP-18/TP Revised 3/8/18 Page 8649 OF 181.) 7 A TTA CHMENT «C„ Boynton Beach Utilities—Cured-In—Place Pipe Lining(CIPP) Attachment C Page 865 of 1881 7 .q PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 000 "F 7 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 7 Signed and sealed this day of 12018. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 000 Ul_ I 7 W PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 20187 entered into a contract with Owner for in accordance with drawings and specifications prepared by _ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 009 7 conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 7 not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12018. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 7 0 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 2018 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities—Cured-In Place Pipe Lining(CIPP) WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 7 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 contractor binder maybe 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 Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire)$ $ 50,000.00 Employees&Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM 7 8.A. PUBLIC HEARING 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-010 - SECOND READING -Approve Gas Station Regulations (CDRV 18-002) -Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. EXPLANATION OF REQUEST: This item represents the continuation of an evaluation of City's regulations on gas stations that occurred in 2015 and resulted in amendments to the Land Development Regulations (LDR) that reduced the magnitude of non-conforming gas stations in the City which was at 50%. This earlier project also identified two areas that were most void of gas stations which included a 3 1/2 mile segment of Congress Avenue extending south of Woolbright Road to Atlantic Avenue. Although the number of non-conforming gas stations was significantly reduced, and 13 intersections became eligible for gas station siting under the revise standards, most eligible properties are either developed or not zoned for gas station use. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. It's noteworthy that prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the consideration of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. To accommodate additional stations within the City, with an emphasis on areas with high traffic counts nearest to evacuation routes, staff proposes the following amendments: 1) Eliminate the maximum number of stations per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I- 95, and 1-95 (See Exhibit"B"). This proposed amendment would affect four(4) intersections along Congress Avenue, and three intersections involving 1-95. However, as indicated above these intersections are built-out and therefore unavailable for immediate gas station siting. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue, and require redevelopment of the property. 2) Omit the minimum frontage requirement that applies solely to gas stations.Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff Page 874 of 1037 opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. 3) Omit the minimum distance separation standard between a project driveway and the property line (e.g. 30 feet)which only applies to gas station uses. Technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. Staff finds that such a standard that is unique to a single commercial use and not supported by the above-described manual is not justified. Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unwarranted site standards within the Land Development Regulations. The Planning & Development Board reviewed this item on May 22nd and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Business improvements and new construction will contribute to permit fees and related revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 875 of 1037 ATTACHMENTS: Type Description D Addendum Ordinance appro\Ang Gas Station Regulation amendments D Staff Report Staff Report D Amendment Exhibit A® Proposed Amendments D Exhibit Exhibit B ® Roadway Classification Map Page 876 of 1037 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS CHAPTER 3, 5 ZONING, ARTICLE IV, "USE REGULATIONS", SECTION 3.D. USE 6 MATRIX AND NOTES, TO INCREASE ELIGIBLE LOCATIONS FOR 7 GAS STATION SITING IN APPROPRIATE AREAS OF THE CITY; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, this is a continuation of an evaluation of the City's regulations on gas 12 stations that occurred in 2015 and resulted in amendments to the Land Development Regulations 13 that reduced the magnitude of non-confirming gas stations in the City which was 50%; and 14 WHEREAS, staff has continued the evaluation of the gas stations and in conjunction 15 with the consideration of applications for a new gas station and to accommodate additional 16 stations within the City with an emphasis on areas with high traffic counts nearest evacuation 17 routes, staff is proposing the amendments; and 18 WHEREAS, the City Commission has considered the recommendations and has 19 determined and finds that it is in the best interest of the citizens and residents of the City of 20 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 21 contained herein. 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 25 confirmed by the City Commission. 26 Section 2. Chapter 3, Zoning, Article IV, Use Regulations, Section 3.1). Use Matrix 27 and Notes of the City's Land Development Regulations to increase eligible locations for gas 28 station siting in appropriate areas of the City is hereby amended as follows: -1 - C:\Users\StanzioncT\AppData\Local\Microsoft\Windows\Teinporaly Internet Files\Content.IE5\SATNOEVN\Use_Regulations_ _Gas_Stations-_LDR_Anendment__Ordinance.docx Page 877 of 1037 29 30 Land Development Regulations, Chapter 3, Article IV, Section 3.1): 31 32 46. Gasoline Station. 33 a. All Districts. 34 35 (1) Location. Gasoline stations, except where otherwise allowed by these regulations, 36 are only allowed on properties located at three-way or four-way intersections involving arterial 37 and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local 38 streets and alleys. Interchanges with 1-95 are included as eligible intersections. Eligible 39 properties at an intersection with 1-95 include the first parcel directly west or east of the toe 40 embankment of the 1-95 interchange. This may also be defined as the first parcel with frontage 41 on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of 42 two (2) gasoline stations shall be allowed at each intersection, pt this limitation shill not 43 : l to els bl.ent rs cti:�ns a.s defined b this ara gra lr„ that co:lsast � :: urlsrnrici awl 44 arterial roadway. The2urpose qf this e ce tz n is to maximize service otent�.urine times of 45 desatcd inti r gcncies involvine rna°or stor e ;vents aid ower outa ids, arl:icularl aloe or 46 neap,.evacuation.routes. A convenience store with retail gasoline sales is considered to be a 47 gasoline station and is therefore, restricted to these location requirements. 48 49 (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. 50 51 ( sir n arc p t Vii ' . 52 . . ,W , ' 53 54 (43) Access. 55 (a) Only one (1) access driveway is allowed from each major street 56 frontage. Driveways shall be located a minimum of fifty(50) feet from the intersection unless 57 county or state standards require a greater distance; 58 (b) Driveways shall be a minimum of thirty(30) feet and a maximum of forty-five (45) 59 feet in width; and 60 (i# ,. 'v s.""W,4-net tyz 61 l � 62 63 O Setbacks. 64 (a) No canopy shall be located less than twenty(20) feet from any property line; and 65 (b) No gasoline pump island shall be located less than thirty (30) feet from any 66 property line. 67 O Storage. No outside storage of materials, parts, and no overnight storage of 68 vehicles outside. 69 (7j) Design. Pursuant to Cliapt 4, Article 1�� ct l 3.G.4., all gasoline stations_ __ v 70 located on designated out-parcels to shopping centers, business centers, or other planned 71 commercial developments shall conform in design to the approved design plan of the principal 72 center. 73 O Landscaping. See landscaping standards in ` tom . 74 ( .) Lighting. See lighting standards in Capt .' . _Z_ C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Intemet Fi1es\Content.1E5\SATN0EVN\Use_Regulations_- _Gas_Stations-_LDR_Amendment_-_Ordinance.docx Page 878 of 1037 75 (1- 2) Except for where otherwise approved on a master sign program, gasoline stations 76 shall only be permitted to advertise on signage located within the property boundaries. 77 (-41:1) Gasoline stations shall be permitted uses if located greater than 200 feet from a 78 boundary of a residential zoning district. Distances for the purpose of this subsection shall be 79 measured from the closest gasoline pump island or canopy of the gasoline station to the closest 80 boundary of the residential or mixed-use zoning district. 81 (j- 12-111) A station existing prior to amendment of these regulations that is located on a lot 82 that does not conform to the property development regulations of the zoning district, as defined 83 in Section 11 of this chapter, may be enlarged, expanded,reconstructed or restored without 84 limitation based on percent of property value, as long as the magnitude of the non-conformity is 85 not worsened by the improvement. 86 87 b. C-2 District, C-3 District, and C-4 District. 88 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and 89 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline 90 stations. 91 (2) Setbacks. Except for properties located within the Urban Commercial District 92 Overlay Zone, the following building setbacks shall apply to all structures on the property 93 including the primary structure, or any accessory structures such as car washes or aboveground 94 storage facilities. 95 (a) Building front (and side corner) - 35 feet; 96 (b) Building side - 20 feet; 97 (c) Building rear - 20 feet; 98 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 99 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 100 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water 101 used in the car washing process. 102 (3) Exceptions to requirement for location at intersections as stated above under section 103 a.(1). When a gas station is accessory to a principal retail use and when all requirements 104 applicable to the PCD District are satisfied. 105 106 c. PCD District. 107 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and 108 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline 109 stations. 110 (2) Setbacks. The following building setbacks shall apply to all structures on the 111 property including the primary structure, or any accessory structures such as car washes or 112 above-ground storage facilities. 113 (a) Building front (and side corner) - 35 feet; 114 (b) Building side- 20 feet; 115 (c) Building rear - 20 feet; 116 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 117 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 118 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water 119 used in the car washing process. 120 3 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Use_Regulations_ _Gas_Stations-_LDR_Arnendment_-_Ordinance.doex Page 879 of 1037 121 (3) Separation. No gasoline pump island shall be located less than two hundred (200) 122 feet from any public right-of-way. 123 124 (4) Exceptions to requirement for location at intersections as stated above under section 125 a.(1). Uses within the PCD District shall not be required to comply with the location standard 126 described above in subsection a.(1). 127 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of 128 these regulations shall not be deemed non-conforming to the corresponding site standards if 129 located in compliance with the location (intersection) standard stated above in section a. 130 (6) Relief from Standards. Waivers from the following standards may be granted in 131 accordance with Chapter 2, Article II by the City Commission for existing projects annexed 132 into the city, when the regulation cannot be fully complied with,but where the intent of the 133 LDR is met: 134 (a) Section 3.D.46.a.(5)(a) above; 135 (b) Section 3.D.46.a.(5)(b) above; 136 (c) Section 3.D.46.c.(3)(a) above; or 137 (d) Section 3.D.46.c.(3)(b) above. 138 The applicant shall provide justification of the waiver and submit a mitigation plan off- 139 setting the impact. 140 141 d. MU-L3 District and MU-H District. 142 (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline 143 station. 144 (2) Setbacks. 145 (a) Building setbacks shall meet those required by the applicable zoning district. 146 (b) Canopy structure over the fuel pumps shall be located either to the side or rear of 147 its associated principal building. 148 e. PID District. This non-industrial use shall be allowed within the PID district provided it 149 is located on a lot with a Mixed Use (MU) land use option and at an intersection that would 150 satisfy the location requirements of this note. 151 (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and 152 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline 153 stations. 154 (2) Setbacks. Except for properties located within the Urban Commercial District 155 Overlay Zone, the following building setbacks shall apply to all structures on the property 156 including the primary structure, or any accessory structures such as car washes or above-ground 157 storage facilities. 158 (a) Building front(and side corner) - 35 feet; 159 (b) Building side - 20 feet; 160 (c) Building rear - 20 feet; 161 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 162 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 163 queuing(stacking). An accessory auto/car wash shall be fully automatic and recycle all water 164 used in the car washing process. 165 166 -4.. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Usc_Rcgulations= _Gas_Stations-_LDR_Ainendment_-_Ordinance.docx Page 880 of 1037 167 Section 3. Each and every other provision of the Land Development Regulations not 168 herein specifically amended, shall remain in full force and effect as originally adopted. 169 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 170 with any provisions of this ordinance are hereby repealed. 171 Section 5. Should any section or provision of this Ordinance or any portion thereof 172 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 173 remainder of this Ordinance. 174 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 175 directed to work with the Land Development Regulations publisher to consolidate this ordinance 176 and the exhibit for publication. 177 Section 7. This Ordinance shall become effective immediately. 178 FIRST READING this day of , 2018. 179 SECOND, FINAL READING AND PASSAGE this day of , 2018. 180 181 CITY OF BOYNTON BEACH, FLORIDA 182 183 YES NO 184 185 Mayor— Steven B. Grant 186 187 Vice Mayor—Christina L. Romelus 188 189 Commissioner—Mack McCray 190 191 Commissioner—Justin Katz 192 193 Commissioner—Joe Casello 194 195 196 VOTE 197 ATTEST: 198 199 200 -s- C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Use_Regulations_- _Gas_Stations-_LDR_Ainendment_-_Ordinance.docx Page 881 of 1037 201 Judith A. Pyle, CMC 202 City Clerk 203 204 205 (Corporate Seal) -6- C:\Users\StanzioneT\AppData\L,ocal\Microsoft\Windows\Temporary Internet Files\Content.IES\SATNOEVN\Use_Regulations_- _Gas_Stations-_LDR_Amendment__ordinance.doex Page 882 of 1037 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-033 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 16, 2018 RE: Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.13, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. BACKGROUND In 2015, the City Commission directed staff to evaluate the City's regulations applicable to gas stations for possible amendments to open up alternative eligible locations for new stations. The initial impetus behind the directive, which was formed into Strategic Initiative Action Item 1.5, was the desire of a local business operator to add gas sales to an existing convenience store where gas sales are not allowed. This interest halted upon learning of a new station proposed in the service area by a major petroleum retailer. However, staffs evaluation of the City's regulations continued, leading to the discovery that one-half of the gas stations in the City were legal non-conforming uses as a result of the long-standing regulations on gas sales involving eligible locations, permitted zoning districts, and lot size and frontage. Additional findings or conclusions from the Study included the following: • Two gas stations that remained non-conforming after adoption of the recommended amendments were within the CRA, where alternatives to automobile dependency is to be promoted, with new stations possibly being considered under future mixed use regulations consistent with the vision for the downtown and greater CRA; • Thirteen intersections became eligible for gas station siting under the revised standards; however, the adjoining properties were built-out or had the wrong zoning for new stations; • One of the areas identified as having the most noticeable void in service stations was S. Congress Avenue, along a 3 '/z mile stretch of Congress Avenue between Woolbright Road and Atlantic Avenue in Delray Beach. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the review of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. This location is the northern point of the beginning of the void in gas sales extending south into Delray Beach. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Page 883 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. Petroleum availability is not just a factor of the number of gas stations within an area; however, with an increase in the variety of gas station brands, there is an increase in resource options and gasoline availability. Prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. An explanation of the proposed amendments is below and provided verbatim within an excerpt from the Land Development Regulations in Exhibit"A". The roadway classification system for the City is provided within Exhibit"B". ANALYSIS Maximum number of las stations at qualifying intersections Current regulations limit the number of gas stations at eligible intersections to two (2). This standard has been in the LDRs for many years, likely with the intent to limit the proliferation of gas stations at highly visible areas of the City. Gas stations have not been known for aesthetic attributes, particularly given that auto repair service with visible service bays and unsightly work areas were common with gas sales, and site design emphasized accessibility and visibility through wide driveways and bright lights in close proximity to the abutting roadway. With the reduction in auto repair service at gasoline sales operations, and the adoption of new landscaping and other site design requirements, visual impacts from gas stations has been reduced. Additionally, the newer generation of gasoline stations have increased the allocation of space to convenience goods, to the point of some becoming small grocery stores and even delis and restaurants. Not only has shopping alternatives improved for the consumer, but also aesthetic improvements are evident as well in the absence of service bay doors and increased building massing at the street. The LDRs do not limit the number of convenience stores allowed per intersection, or limit them to specified locations in the City. To increase the options for gas station siting, particularly in areas with high traffic volumes and near evacuation routes, staff proposes to eliminate the maximum number per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I-95, and I-95 (See Exhibit "B"). This proposed amendment would affect four (4) intersections along Congress Avenue, and three intersections involving I-95. However, as indicated above as a finding of the 2015 LDR evaluation, these intersections are built-out or zoned contrary to the required zoning for a gas station. Either sites must be redeveloped and/or rezoned to accommodate a new gas station. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue. This corner of the intersection has historically been zoned C-1, which would not allow gas sales. For comparison purposes, staff researched the regulations of several other cities in the area. Of the sample of 11 cities researched, only one city (City of Boca Raton) regulates the maximum number of gas stations per intersection; however, this standard only applies to selected intersections within the city. A much more commonly used regulatory tool among the cities sampled is distance separation. Six cities use a distance separation standard; three of them require the separation only between different gas stations, one city regulates distances between gas stations and distances from other uses -2 - Page 884 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (i.e. churches, schools and hospitals), and one city just requires separation from other uses. The separation distances range between 500 feet and 1,200 feet. Note that the City of Palm Beach Gardens does not require a separation between those gas stations that qualify as convenience stores, and the Town of Juno Beach only applies the distance separation between more than three gas stations. Lastly, the Town of Jupiter only requires separation between larger gas stations (those with between 11 and 16 fueling stations). Five cities do not regulate gas stations by separation or number per intersection. As indicated by the survey results, there is variation of standards among other cities, but approximately one-half of the sample applies some type of distance separation standard to gas stations. Minimum frontage standard of 225 feet for gas stations Staff proposes to omit the minimum frontage requirement that applies solely to gas stations. Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. Minimum Driveway Separation from Property Boundaries of 30 feet The City's Land Development Regulations solely applicable to gas stations also include a minimum distance separation standard between a project driveway and the property line (e.g. 30 feet). Such technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. The Handbook is the complete guide on the design, construction and maintenance of systems that move traffic throughout the City and supports the land development process. The manual is comprehensive, taking into consideration all vehicle types and spatial needs. However, the manual does not regulate the separation between a driveway and a property line. Staff does not see the purpose of a standard unique to a gas station use that is not supported by the above- described manual. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unnecessary site standards within the Land Development Regulations. Attachment S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 18-002 Gas Station locations\StaffReport.doc -3 - Page 885 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 EXHIBIT "A" Land Development Regulations, Chapter 3, Article IV, Section 3.D: 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection excelat tris limitation shall_not clr ,j.hlc rnt rse tions s detrtned b his p r rap ,..that consist Ot an r zt. r�zacr l art r� l r c y i c p rose 0t tars e elatroza rs t maximize service.Potential d rrz� .trines �t desr st 1d !�mcp eztcres rzavolyinci.tn or storm events and PS cr t >es rtr l rl along_or_near v c atr_pn routes. A convenience store with retail gasoline __ m_ m m sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. ------------ (4-]) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50)feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30)feet and a maximum of forty-five (45)feet in width; and O Setbacks. (a) No canopy shall be located less than twenty (20)feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30)feet from any property line. (€i ) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. ( (I) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. O Landscaping. See landscaping standards in Chapter 4. O Lighting. See lighting standards in Chapter 4. (49) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (4410) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be -4 - Page 886 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (4211) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or aboveground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred (200)feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). -5 - Page 887 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.13.46.a.(5)(a) above; (b) Section 3.13.46.a.(5)(b) above; (c) Section 3.13.46.c.(3)(a) above; or (d) Section 3.13.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L3 District and MU-H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. -6 - Page 888 of 1037 EXHIBIT "A" Land Development Regulations, Chapter 3, Article IV, Section 3.D: 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection excelat tris limitation shall_not clr ,j.hlc rnt rse tions s detrtned b his p r rap ,..that consist o an r zt. r�zacr l art r� l r c y i c p rose 0t tars e elatroza rs t maximize service.Potential d rrz� .trines �t desr st 1d !�mcp eztcres rzavolyinci.tn for storm events and PS cr t >es rtr l rl along_or_near v c atr_pn routes. A convenience store with retail gasoline __ m_ m m sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. ------------ (4-]) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50)feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30)feet and a maximum of forty-five (45)feet in width; and O Setbacks. (a) No canopy shall be located less than twenty (20)feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30)feet from any property line. (€i ) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. ( (I) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. O Landscaping. See landscaping standards in Chapter 4. O Lighting. See lighting standards in Chapter 4. (49) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (4410) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be Page 889 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (4211) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or aboveground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred (200)feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). -2 - Page 890 of 1037 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.13.46.a.(5)(a) above; (b) Section 3.13.46.a.(5)(b) above; (c) Section 3.13.46.c.(3)(a) above; or (d) Section 3.13.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L3 District and MU-H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. -3 - Page 891 of 1037 City of Boynton Beach EXHIBIT "B" Thoroughfare System Functional Classification of Roads H poluxo d Hypoluxo d Hypoluxo Rd > VL _ a x 1� n lb Y o a� �' .. i g U) O' z j `L� Miner Rd Miner Rd diner J Cn ��._. r—.•� r••j 1 Qj\J Q- E C.) Blvd Blvd O C/) Gatewa d Gatew 1 Blv Ga j 3 , 1 2 O ii ! OUB _..1 1 ? 1 n m 1 ME j Old Boyn on Rd j z W Boynt Beach Ivd U) 1 Boynton Be ch Blvd Hill Z c Ave U) j C m - 1 i o, CD U)Cn 1 -i 1 8.B. PUBLIC HEARING 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-011 - SECOND READING -Approve Wawa Future Land Use Map Amendment (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC). Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Per applicant's request second reading will be heard on July 17, 2018). PROPOSED ORDINANCE NO. 18-012 - SECOND READING -Approve Wawa Rezoning (LUAR 18- 001) from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP.(Per applicants request second reading will be heard on July 17, 2018). EXPLANATION OF REQUEST: The 2.14-acre subject property consists of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building. The applicant proposes this future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for a major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs), including one pertaining to the maximum number of gasoline stations at an intersection. The proposed LRC future land use and C-3 zoning will bring the north east corner of the Congress Avenue/ Woolbright Road intersection to consistency with the FLU and zoning of the three remaining corners where LRC and C-3 zoning already prevail, allowing development intensity which aligns with the high traffic volumes carried by both Congress Avenue and Woolbright Road. This intersection is less than a mile from the City's main commercial hub of the Congress Avenue corridor and the tentative boundary of the future "Congress Avenue District," the target of the next redevelopment plan. W hile focused on optimizing the District's economic potential, the plan will also impact the Congress Avenue/ Woolbright Road intersection. That area may redevelop into a secondary commercial activity node, serving residents of the surrounding neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning—which permits retail as well as office uses—would allow for intensification of the commercial development on the subject property in support of such a node. The Planning and Development Board forwarded these items with a recommendation of approval on May 22, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended Page 893 of 1037 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Land Use for Wawa from Office Commercial to Local Retail Commercial D Ordinance Ordinance Wawa Rezone from C®1 to C®3 D Staff Report Staff Report D Location Map ExhibitA: Location Map D Exhibit Exhibit B: Proposed FLU D Exhibit Exhibit C: Proposed Zoning Page 894 of 1037 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS WAWA AND DESCRIBED 7 HEREIN, OWNED BY BOYNTON HEART INSTITUTE, LLC./PNC 8 BANK, NA; CHANGING THE LAND USE DESIGNATION FROM 9 OFFICE COMMERCIAL(OC)TO LOCAL RETAIL COMMERCIAL 10 (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 14 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 15 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment hereinafter 21 set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best 22 interest of the inhabitants of said City to amend the Future Land Use Element(designation)of 23 the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect That the 29 Future Land Use of the following described land: 30 Page 895 of 1037 31 PARCEL L 32 33 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM 34 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 35 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 36 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 37 38 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 39 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E.,ALONG THE 40 NORTH LINE OF SAID SECTION 32,A DISTANCE OF 60.01 FEET; THENCE S.1'02'40"E.,A 41 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET 42 SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 43 N.88000'52"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE POINT 44 OF BEGINNING; THENCE CONTINUE N.88000'52"E.,ALONG SAID PARALLEL LINE,A 45 DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL TO 46 THE WEST LINE OF SAID SECTION 32; THENCE S 1002'40"E.,A DISTANCE OF 193.03 FEET 47 TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF S.W. 48 15TH AVENUE (WOOLBRIGHT ROAD),AS NOW LAID OUT AND IN USE; THENCE 49 S88000'52"W.,ALONG SAID PARALLEL LINE,A DISTANCE OF 250.60 FEET; THENCE 50 N.1059'08"W.,A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING. 51 52 CONTAINING 48,676 SQUARE FEET/1.1174 ACRES MORE OR LESS. 53 54 TOGETHER WITH 55 56 PARCEL 2 57 58 THE SOUTH 200 FEET OF THE NORTH 240 FEET OF THE EAST 500 FEET OF THE WEST 550 59 FEET OF THE NORTH ONE-QUARTER(N 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, 60 RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS TRACT 61 H-5, LESS THE EAST 200 FEET THEREOF,AS MARKED (NOT INCLUDED) ON THE PLAT OF 62 TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGE 130; 63 64 LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: 65 66 COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S 88000'52"W, 67 ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 68 SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30 AT PAGE 130,A 69 DISTANCE OF 200.03 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 70 200 FEET OF SAID TRACT H-5 AND THE POINT OF BEGINNING; THENCE N 1002'04"W,AND 71 PARALLEL WITH THE EAST LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET; HENCE 72 S 88000'52" W, 439.23 FEET,ALONG A LINE 60 FEET NORTH OF AND PARALLEL WITH THE 73 CENTERLINE OF SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30, PAGE 74 130, TO THE POINT OF A CURVATURE OF A CURVE FROM WHICH THE RADIUS POINT 75 BEARS N 01059'08",W, 50 FEET; THENCE N 46030'54"W, 71.29 FEET,ALONG THE CHORD OF 76 SAID CURVE THROUGH A CENTRAL ANGLE OF 90056'28" TO THE POINT OF TANGENCY; 77 THENCE N 01002'40"W, 142.20 FEET ALONG A LINE 60 FEET EAST OF AND PARALLEL 78 WITH THE CENTERLINE OF CONGRESS AVENUE,AS SHOWN IN SAID PLAT BOOK 30, 79 PAGE 130, TO THE SOUTH RIGHT OF WAY OF LAKE WORTH DRAINAGE DISTRICT L026 80 CANAL; THENCE S 88000'52"W, 10.00 FEET;ALONG SAID SOUTH RIGHT OF WAY LINE OF 81 L-26 CANAL, THENCE S 01°02'40" E, 174.62 FEET,ALONG LINE 50 FEET EAST OF AND 82 PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE AS SHOWN IN SAID PLAT 83 BOOK 30, PAGE 130, TO THE POINT OF CURVATURE OF A CURVE FROM WHICH THE 84 RADIUS OF TANGENCY; THENCE N 88000'52" E. 474.65 FEET,ALONG A LINE 53.0 FEET Page 896 of 1037 85 NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE,AS 86 SHOWN IN SAID PLAT BOOK 30, PAGE 130, TO THE POINT OF BEGINNING. 87 88 LESS AND NOT INCLUDING THAT PROPERTY CONVEYED IN OFFICIAL RECORDS BOOK 89 13210, PAGE 273, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 90 DESCRIBED AS FOLLOWS: 91 92 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM 93 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 94 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 95 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 96 97 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 98 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E.,ALONG THE 99 NORTH LINE OF SAID SECTION 32,A DISTANCE OF 60.01 FEET ; THENCE S.1'02'40"E.,A 100 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET 101 SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 102 N.88000'52"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE POINT 103 OF BEGINNING; THENCE CONTINUE N.88000'52"E.,ALONG SAID PARALLEL LINE,A 104 DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL TO 105 THE WEST LINE OF SAID SECTION 32; THENCE S1°02'40"E.,A DISTANCE OF 193.03 FEET 106 TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF S.W. 107 15TH AVENUE (WOOLBRIGHT ROAD),AS NOW LAID OUT AND IN USE; THENCE 108 S88000'52"W.,ALONG SAID PARALLEL LINE,A DISTANCE OF 250.60 FEET; THENCE 109 N.1059'08"W.,A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING. 110 111 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING 112 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 113 114 THE SOUTH 56 FEET OF THE NORTH 240 FEET OF THE EAST 16 FEET OF THE WEST 566 115 FEET OF THE NORTH ONE-QUARTER(N 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, 116 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,AND BEING ALSO KNOWN AS THE 117 SOUTH 56 FEET OF THE WEST 16 FEET OF THE EAST 200 FEET OF TRACT H-5 AS MARKED 118 (NOT INCLUDED) ON THE PLAT OF TENTH SECTION,PALM BEACH LEISUREVILLE, 119 RECORDED IN PLAT BOOK 30, PAGE 130, LESS AND NOT INCLUDING THE FOLLOWING 120 DESCRIBED PARCEL: 121 122 BEING A PART OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH 123 SECTION, PALM BEACH LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130,AND 124 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 125 126 COMMENCING AT THE SOUTHEAST CORNER OF TRACT H-5, PLAT OF TENTH SECTION, 127 PALM BEACH LEISUREVILLE. AS RECORDED IN PLAT BOOK 30, PAGE 130, PUBLIC 128 RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N 01002'40"W. ALONG THE EAST 129 LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET; THENCE S 88000'52"W,ALONG A 130 LINE 60.0 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH 131 AVENUE,AS SHOWN IN SAID PLAT BOOK 30, PAGE 130,A DISTANCE OF 184.03 FEET, TO 132 THE INTERSECTION WITH THE WEST LINE OF THE EAST 184 FEET OF SAID TRACT H-5; 133 THENCE CONTINUE S 88000'52"W. A DISTANCE OF 16 FEET, TO THE INTERSECTION WITH 134 THE WEST LINE OF THE EAST 200 FEET OF SAID TRACT H-5; THENCE S 01002'40"E. ALONG 135 SAID WEST LINE A DISTANCE OF 7.00 FEET; THENCE N 88000'32"E,ALONG LINE OF 53.0 136 FEET NORTH OF AND PARALLEL WITH THE SAID CENTERLINE OF SOUTHWEST 15TH 137 AVENUE,A DISTANCE OF 16 FEET; THENCE N 01002'40"W. A DISTANCE OF 7.00 FEET TO 138 THE POINT OF BEGINNING. Page 897 of 1037 139 140 PARCEL 2 CONTAINING 44,626 SQUARE FEET/1.0245 ACRES MORE OR LESS. 141 142 SAID LANDS SITUATE IN THE CITY OF BOYNTON, PALM BEACH COUNTY, FLORIDA. 143 144 PARCELS 1 AND 2 CONTAINING A TOTAL OF 93,302 SQUARE FEET/2.1419 ACRES MORE 145 OR LESS. 146 147 is amended from Office Commercial (OC)to: LOCAL RETAIL COMMERCIAL 148 (LRC). 149 Section 3: This Ordinance shall take effect on adoption, subject to the review,challenge,or 150 appeal provisions provided by the Florida Local Government Comprehensive Planning and Land 151 Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this 152 Ordinance until all statutory required review is complete and all legal challenges,including appeals, 153 are exhausted. In the event that the effective date is established by state law or special act, the 154 provisions of state act shall control. 155 FIRST READING this day of , 2018. 156 SECOND, FINAL READING and PASSAGE this day of , 2018. 157 CITY OF BOYNTON BEACH, FLORIDA 158 YES NO 159 160 Mayor— Steven B. Grant 161 162 Vice Mayor—Christina L. Romelus 163 164 Commissioner—Mack McCray 165 166 Commissioner—Justin Katz 167 168 Commissioner—Joe Casello 169 170 VOTE 171 ATTEST: 172 173 174 175 Judith A. Pyle, CMC 176 City Clerk 177 178 (Corporate Seal) Page 898 of 1037 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A 5 PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY 6 REFERRED TO AS WAWA FROM C-1 OFFICE PROFESSIONAL 7 TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 11 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 12 and 13 WHEREAS, the City of Baynton Beach has made application to rezone land, said 14 land being more particularly described hereinafter, from C-1 Office Professional to C-3 15 Community Commercial; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for 18 the property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH,FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-1 26 Office Professional to C-3 Community Commercial. A location map is attached hereto as 27 Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 28 PARCEL 1: 29 30 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL), PLAT OF TENTH SECTION PALM 31 BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 32 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 33 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 34 35 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 36 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E., ALONG THE 37 NORTH LINE OF SAID SECTION 32, A DISTANCE OF 60.01 FEET; THENCE S.1'02'40"E., A 38 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 39 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Wawa-Rezone- Ordinance.doe Page 899 of 1037 40 N.88000'52"E., ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE 41 POINT OF BEGINNING; THENCE CONTINUE N.88°00'52"E.,ALONG SAID PARALLEL 42 LINE, A DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND 43 PARALLEL TO THE WEST LINE OF SAID SECTION 32; THENCE S 1°02'40"E., A DISTANCE 44 OF 193.03 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE 45 CENTERLINE OF S.W. 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND 46 IN USE; THENCE S88°00'52"W.,ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60 47 FEET; THENCE N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF 48 BEGINNING. 49 50 CONTAINING 48,676 SQUARE FEET/1.1174 ACRES MORE OR LESS. 51 52 TOGETHER WITH 53 54 PARCEL 2 55 56 THE SOUTH 200 FEET OF THE NORTH 240 FEET OF THE EAST 500 FEET OF THE WEST 57 550 FEET OF THE NORTH ONE-QUARTER(N 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, 58 RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS 59 TRACT H-5, LESS THE EAST 200 FEET THEREOF,AS MARKED(NOT INCLUDED)ON THE 60 PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, 61 PAGE 130; 62 63 LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: 64 65 COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S 88°00'52"W, 66 ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 67 SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30 AT PAGE 130,A 68 DISTANCE OF 200.03 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 69 200 FEET OF SAID TRACT H-5 AND THE POINT OF BEGINNING; THENCE N 1'02'04"W, 70 AND PARALLEL WITH THE EAST LINE OF SAID TRACT H-5, A DISTANCE OF 7.00 FEET; 71 HENCE S 88°00'52" W, 439.23 FEET,ALONG A LINE 60 FEET NORTH OF AND PARALLEL 72 WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT 73 BOOK 30, PAGE 130, TO THE POINT OF A CURVATURE OF A CURVE FROM WHICH THE 74 RADIUS POINT BEARS N 01°59'08",W, 50 FEET; THENCE N 46°30'54"W, 71.29 FEET, 75 ALONG THE CHORD OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90056'28" TO 76 THE POINT OF TANGENCY; THENCE N 01°02'40"W, 142.20 FEET ALONG A LINE 60 FEET 77 EAST OF AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE,AS SHOWN 78 IN SAID PLAT BOOK 30, PAGE 130, TO THE SOUTH RIGHT OF WAY OF LAKE WORTH 79 DRAINAGE DISTRICT L026 CANAL; THENCE S 88°00'52"W, 10.00 FEET;ALONG SAID 80 SOUTH RIGHT OF WAY LINE OF L-26 CANAL, THENCE S 01°02'40" E, 174.62 FEET, 81 ALONG A LINE 50 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF 82 CONGRESS AVENUE AS SHOWN IN SAID PLAT BOOK 30,PAGE 130, TO THE POINT OF 83 CURVATURE OF A CURVE FROM WHICH THE RADIUS OF TANGENCY; THENCE N 84 88000'52" E. 474.65 FEET,ALONG A LINE 53.0 FEET NORTH OF AND PARALLEL WITH 85 THE CENTERLINE OF SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30, 86 PAGE 130, TO THE POINT OF BEGINNING. 87 88 LESS AND NOT INCLUDING THAT PROPERTY CONVEYED IN OFFICIAL RECORDS 89 BOOK 13210, PAGE 273, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 90 FLORIDA, DESCRIBED AS FOLLOWS: 91 C:\Users\StanzionenAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Wawa-Rezone- Ordinance.doc Page 900 of 1037 92 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM 93 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 94 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 95 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 96 97 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 98 RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA; THENCE N 88°00'52"E., ALONG THE 99 NORTH LINE OF SAID SECTION 32,A DISTANCE OF 60.01 FEET ; THENCE S.1°02'40"E.,A 100 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 101 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 102 N.88000'52"E., ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE 10 3 POINT OF BEGI'N'NING; THENCE CONTINUE N.88°00'52"E.,ALONG SAID PARALLEL 104 LINE, A DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND 105 PARALLEL TO THE WEST LINE OF SAID SECTION 32; THENCE S1°02'40"E., A DISTANCE 106 OF 193.03 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE 107 CENTERLINE OF S.W. 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND 108 IN USE; THENCE S88°00'52"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60 109 FEET; THENCE N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF 110 BEGINNING, 111 112 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING 113 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 114 115 THE SOUTH 56 FEET OF THE NORTH 240 FEET OF THE EAST 16 FEET OF THE WEST 566 116 FEET OF THE NORTH ONE-QUARTER(N 1/4)OF SECTION 32, TOWNSHIP 45 SOUTH, 117 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,AND BEING ALSO KNOWN AS THE 118 SOUTH 56 FEET OF THE WEST 16 FEET OF THE EAST 200 FEET OF TRACT H-5 AS 119 MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH 12 0 LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130, LESS AND NOT INCLUDING 121 THE FOLLOWING DESCRIBED PARCEL: 122 123 BEING A PART OF TRACT H-5 AS MARKED (NOT INCLUDED)ON THE PLAT OF TENTH 124 SECTION,PALM BEACH LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130, AND 125 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 126 12 7 COMMENCING AT THE SOUTHEAST CORNER OF TRACT H-5, PLAT OF TENTH 12 8 SECTION,PALM BEACH LEISUREVILLE. AS RECORDED IN PLAT BOOK 30, PAGE 130, 129 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N 0l°02'40"W. ALONG 13 0 THE EAST LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET; THENCE S 88°00'52"W, 131 ALONG A LINE 60.0 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 132 SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30, PAGE 130,A 133 DISTANCE OF 184.03 FEET, TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 134 184 FEET OF SAID TRACT H-5; THENCE CONTINUE S 88°00'52"W. A DISTANCE OF 16 135 FEET,TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 200 FEET OF SAID 136 TRACT H-5; THENCE S 01'02'40"E. ALONG SAID WEST LINE A DISTANCE OF 7.00 FEET; 137 THENCE N 88000'32"E, ALONG A LINE OF 53.0 FEET NORTH OF AND PARALLEL WITH 138 THE SAID CENTERLINE OF SOUTHWEST 15TH AVENUE,A DISTANCE OF 16 FEET; 13 9 THENCE N 01.002'40"W. A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. 140 141 PARCEL 2 CONTAINING 44,626 SQUARE FEET/1.0245 ACRES MORE OR LESS. 142 143 SAID LANDS SITUATE IN THE CITY OF BOYNTON, PALM BEACH COUNTY, FLORIDA. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4[1\Wawa-Rezone- Ordinance.doe Page 901 of 1037 144 145 PARCELS 1 AND 2 CONTAINING A TOTAL OF 93,302 SQUARE FEET/2.1419 ACRES MORE 146 OR LESS. 147 148 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 149 accordingly. 150 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 151 repealed. 152 Section 5. Should any section or provision of this Ordinance or any portion thereof 153 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 154 the remainder of this Ordinance. 155 Section 6. This ordinance shall become effective immediately upon passage. 156 FIRST READING this day of , 2018. 157 SECOND, FINAL READING and PASSAGE this day of 52018. 158 CITY OF BOYNTON BEACH,FLORIDA 159 YES NO 160 161 Mayor—Steven B. Grant 162 163 Vice Mayor—Christina L. Romelus 164 165 Commissioner—Mack McCray 166 167 Commissioner—Justin Katz 168 169 Commissioner—Joe Casello 170 171 VOTE 172 ATTEST: 173 174 175 Judith A. Pyle, CMC 176 City Clerk 177 178 179 (City Seal) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4LT\Wawa-Rezone- Ordinance.doe Page 902 of 1037 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-023 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: March 16, 2018 PROJECT: Wawa LUAR 18-001 REQUEST: Approve the Wawa Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from C-1 Office Professional to C-3, Community Commercial. PROJECT DESCRIPTION Applicant: Brightwork Acquisitions, LLC Property Owner: Boynton Heart Institute, LLC / PNC Bank, NA Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP Location: 2505 W. Woolbright Road and adjacent property to the east (Exhibit "A") Existing Land Use/ Zoning: Office Commercial (OC) / C-1 Office Professional Proposed Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial Acreage: 2.14 acres Adjacent Uses: Page 903 of 1037 Page 2 Wawa LUAR 18-001 North: Right-of-way of Canal L-26, Lake Worth Drainage District; farther north, developed single-family homes of Palm Beach Leisureville, classified Low Density Residential (LDR) and zoned R-1AA, Single-Family Residential; South: Right of way of Woolbright Road; further south, developed commercial properties, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial (Marathon gas station, McDonald's restaurant and Sun First National Bank) and PCD, Planned Commercial Development (Boynton Shoppes); East: Developed office property (medical offices), classified Office Commercial (OC) and zoned C-1, Office Professional; and West: Right-of-way of South Congress Avenue; farther west, developed commercial property (Mobil gas station and 7-Eleven store), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. BACKGROUND The 2.14-acre subject property consist of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for the major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The property subject to the proposed Future Land Use (FLU) amendment and rezoning is located on the north east corner of the intersection of two busy arterials, Congress Avenue (a Principal Arterial) and Woolbright Road (a Minor Arterial). This intersection is less than a mile away from the City's main commercial hub of the Congress Avenue 2 Page 904 of 1037 Page 3 Wawa LUAR 18-001 corridor and the tentative boundary of the future Congress Avenue District, the target area of the next redevelopment planning effort. Population there has been growing in recent years, attracting more commercial uses to the District and its vicinity. The incoming redevelopment plan will work to maximize the area's opportunities to their greatest economic potential. The planned growth of the District will also impact the Congress Avenue/Woolbright Road intersection, which in turn may redevelop into a secondary commercial activity node, serving residents of the surrounding residential neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning would allow intensification of the commercial development on the subject property in support of such a node. Note that a somewhat similar thinking undelies the recommendations of the CRA Plan for the intersection of Woolbright Road and Federal Highway. The Plan supports intensification of redevelopment on that intersection, identifying it as an activity node secondary to the highest density and intensity in the Downtown district. The subject FLU amendment and rezoning is also corroborated by market trends, which demonstrate more support for retail than for office development in the City. Boynton Beach does not have class "A" office space, and the vacancy rates for classes "B" and "C" have been high in recent years. According to the the Cushman and Wakefield 4th quarter 2017 report, the overall office vacancy rate in the Boynton market was 25.6%, the highest among the Palm Beach county municipalities (it was 12.9% countywide). Note that the proposed amendment/rezoning supports retail while leaving the option for office uses open. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLU amendment and rezoning are consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators, including, for example: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. 3 Page 905 of 1037 Page 4 Wawa LUAR 18-001 In addition, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) N/A. A master plan/site plan application involving a rezoning to a conventional zoning district is not—as is the case with a planned zoning district—an intrinsic component of the rezoning application and therefore it is not required to accompany the latter. Moreover, if the two applications are submitted concurently, the site plan's consistency with the LDRs is not a criterion to be considered as part of the rezoning; rather, the master plan/site plan submittal is reviewed on its own merits. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The land use pattern in adjacent and nearby areas is eclectic. it incoporates commercial uses of office and retail as well as single-family, townhome and condominium residential uses. The FLU and zoning patterns reflect this diversity. The proposed FLU category and zoning district will bring the north east corner of the Congress Avenue/Woolbright Road intersection to consistency with the FLU classification and zoning designation of the three remaining corners where Local Retail Commercial (LRC) land use and C-3 zoning prevail. The development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Congress Avenue. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning supports the integration of the land uses consistent with the smart growth and sustainability initiatives since it provides uses complementary to the existing ones. Further, the retail-supportive zoning would provide the residents of the surrounding communities with another close by option for convenience shopping, particulary since the nearest large grocery store is nearly a mile away. 4 Page 906 of 1037 Page 5 Wawa LUAR 18-001 e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact study has been completed; no issues pertaining to the Palm Beach County's Traffic Performance Standards (TPS) were identified. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to criteria "a" and "c." The FLU amendment and rezoning would not negatively affect property values in the surrounding area and, given the diversity of the local land use pattern, would be reasonably compatible with the current and future use of adjacent and nearby properties. The subject property is separated from the single- family Palm Beach Leisureville on its north side by a physical barrier of L-26 Canal; in addition to the canal's 81-foot right-of-way, the required 12-foot buffer with a (minimum) six (6) foot wall landscaped on both sided would provide adequate separation between the residential community and the commercial uses permitted by the proposed C-3 zoning district. As stated in the response to criterion "a," the amendments are related to the needs of the neighborhood and would support the secondary commercial activity center on the Congress Avenue corridor. Since the corridor is of primary importance to the City's economic development, the amendments, although at a small scale, are also related to the needs of the City as a whole. 5 Page 907 of 1037 Page 6 Wawa LUAR 18-001 g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The proposed amendment would represent the increase in both possible intensity of development and in number and type of commercial uses with "high probable economic development benefits." h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. It keeps and further intensifies the potential retail/office redevelopment of the site. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are 3 (three) vacant parcels within the city carrying the C-3 zoning AND close in size to the property under consideration. These may not be currently on the market and/or their location may not be suitable for a use proposed by the developer. As discussed previously in this report, the proposed amendment/rezoning is more consistent with the C-3 zoning of lands surrounding the intersection of Congress Avenue and Woolbright Road. 6 Page 908 of 1037 Page 7 Wawa LUAR 18-001 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. Section 2.D.1 .e of the LDRs refers to "Rezoning to Planned Zoning Districts"- the proposed rezoning involves a conventional district C-3. See comments to criterion "b" (Consistency with Land Development Regulations). For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\LUAR 18-001\LUAR 18-001 Wawa Staff Report.dou 7 Page 909 of 1037 EXHIBIT A SITE LOCATION MAP 7 „ d f 1 Y s LL 1 , a t`5�S S lr N j F : N �h4 Ca � til A V� �r sr � 1 T N 037.575 150 225 300 f of EXHIBIT B WAWA: PROPOSED FLU (LUAR 18-001 ) s d' N SW-1-3th Ter -3: SW 14th Ave a , - SITES � - j� � � SRC �}-��lproposed - - _ o-Woolbright-Rd- V - V N Legend LOW DENSITY RESIDENTIAL(LDR); 7.5 D.U./Acre OFFICE COMMERCIAL(OC) ---- LOCAL RETAIL COMMERCIAL(LRC) Page 911 Of 1037 EXHIBIT C WAWA: PROPOSED ZONING (LUAR 18-001 ) Ic *I d' N SW-13th Ter 3:_ SW 14th Ave � FSITE o-Woolbright-Rd i\ I t S Legend 0 R1AA Single Family, 5.5 du/ac C3 Community Commercial 0 C1 Office Professional M PCD Planned Commercial De9WgpMdat f 1037 8.C. PUBLIC HEARING 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump islands, and related site improvements, on property proposed to be rezoned to the C-3, Community Commercial zoning district . Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. (Tabled to July 17, 2018 to be heard in conjunction with Ordinances 18-011 and 18-012) EXPLANATION OF REQUEST: The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single- story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa gas station with convenience store and restaurant. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north, across the L.W.D.D L-26 Canal. The Planning & Development Board reviewed this request on May 22nd and forwards it with a recommendation for approval, with the additional condition of approval requiring two more handicap accessible parking spaces to be placed on the east and west sides of the building. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base and permit revenues and related fees. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: Page 913 of 1037 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report MM 18-002/ COLD 18-001 D Location Map Exhibit A- Location Map D Drawings Exhibit B - Plans D Exhibit Exhibit C -Applicants Justification D Conditions of Approval Exhibit D - Conditions of Approval D Development Order Exhibit E - Development Order Page 914 of 1037 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM . PZ 1 -032 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf N , Planning and Zoning Director FROM: Amanda Bassiely Senior Planner DATE: April 2, 2018 PROJECT NAME: Wawa Gas Station COUS 18-001 / MSPM 18-002 REQUEST: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. PROJECT DESCRIPTION Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP Property Owner: Boynton Heart Institute, LLC / PNC Bank, National Association Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. Location: 2505 W. Woolbright Road and adjacent property to the east (See Exhibit "A") Existing Land Use/Zoning: Office Commercial (OC)/C-1 Office Professional Proposed Land Use/Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Proposed Uses: Gas Station with convience store Acreage: 2.14(1.98 after Right-of-way Dedication) Page 915 of 1037 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 2 Adjacent Uses: North: Right-of-way of Canal L-26, Lake Worth Drainage District; farther north, developed single-family homes of Palm Beach Leisureville, classified Low Density Residential (LDR) and zoned R-1AA, Single-Family Residential; South: Right of way of Woolbright Road; further south, developed commercial properties, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial (Marathon gas station, McDonald's restaurant and Sun First National Bank) and PCD, Planned Commercial Development (Boynton Shoppes); East: Developed office property (medical offices), classified Office Commercial (OC) and zoned C-1, Office Professional; and West: Right-of-way of South Congress Avenue; farther west, developed commercial property (Mobil gas station and 7-Eleven store), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In Page 916 of 1037 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 3 addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" — Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has two (2) primary points of ingress and egress; one (1) driveway is located on the west side of the parcel which connects to South Congress Avenue, and one (1) on the south side connecting to Woolbright Road. The property also has one (1) point of ingress and egress via a cross-access easement with the property to the east (see Exhibit "B"). The project proposes two-way drive aisles throughout the site for effiecnt traffic flow. There are existing sidewalks along both Woolbright Road and South Congress Avenue. Pedestrian access to the site is proposed to be enhanced through the construction of walkways and a clearly marked crosswalk through the propsed parking areas in order to connect directly to the proposed convience store. The convience store is lined with walkways and outdoor dining areas which are protected by bollards. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for a convenience store is calculated at one (1) parking space per 200 square feet of gross floor area, a restaurant is calculated at 1 parking space per 100 square feet, and the common area is calculated at 1 parking space per 150 square feet. Gas stations are also required to maintain a stacking lane of 30 foot from the end of each gas pump island. Required parking is calculated to be 46 spaces total, based on the new structure comprised of a 2,540 square foot convenience store, a 2,689 square foot restaurant, and 890 square feet of common area. The site plan depicts 13 parking spaces immediately around the building, nine (9) along Congress Avenue, and another 28 spaces east of the building; totaling 50 proposed parking spaces. The design of the parking areas is sensitive to the neighboring residential properties to the north. In order to mitigate any parking or loading impacts to the residents, the proposal provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster is proposed at the north east corner of the property, setback approximately 30 feet from the buffer wall along the northern property line. The refuse area is screened by Page 917 of 1037 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 4 both the six (6) foot wall and landscaping. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency will be increased to accommodate it. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The site is adjacent to a drainange canal along the north property line. There is a single- family neighborhood on the oppisite side of the canal. In order to mitigate any adverse affects a gas station might have on the neighborhood, screening and buffering is required. The proposal provides a fifteen (15) foot setback from the property line, and a twelve (12) foot landscaped buffer with a six (6) foot wall along the nothern property line. The Landscape Plan (Sheet L-2) depicts assorted trees on the northern side of the wall, including, Yellow Elder, Pigoen Plum, Verrawood, and Splash Pine. The site also proposes a five (5) foot wide landscaped buffer to the east, and ten (10) foot wide landscaped buffers on the west and south sides. The plant materiel chosen will be native and/or drought- tolerant. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of 11 new light poles. In an effort to minimumize glare and impact on surrounding properties, the light fixures will be full cutoff design, and the light levels are depicted to be well below the code maximum of 5.9 footcandles. The canopy will have 24 LED recessed lighting fixtures. The building will have five (5) wall mounted fixtures and 24 can lights along the fagade to provide adequate lighting levels immediately around the building. Relative to signage for the project, the applicant proposes two (2), five (5) foot tall monument signs: one (1) at the entry on Woolbright Road and one (1) at the entry on Congress Avenue. Two (2) wall signs are proposed; one (1) on the west elvevation, facing Congress Avenue and one (1) on the south elevation, facing Woolbright Road. There are also a series of "canopy spanner: proposed on top of the gase pumps. Although codes currently prohibit electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. The applicant has reference said state statue in justify the proposed monuments signs. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. These signs have not been fully designed at this point, therefore staff recommends conditions of approval that require staff review and approval of sign design prior to permitting (see Exhibit"D" — Conditions of Approval). 7. Required setbacks and other open spaces. The proposed gas station building is proposed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (south) required 20' — Page 918 of 1037 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 5 provided 47.6'; rear (north) required 20' — provided 42.1'; side corner (west) required 20' — provided 202'; and side (east) required 0' — provided 201.7'. The closest residential structure is nearly 150 feet to the north, across the canal, separated by two (2) layers of landscaping and a proposed buffer wall on site. 8. General compatibility with adjacent properties, and other property in the zoning district. The gas station is generally compatible with the remainder of the commercial uses on the corridor and with the adjacent residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. Additionally, the building's large setbacks, intervening canal and appropriate buffering further the compatibility. The building's design is typical of most commercial structures with a mix of smooth plaster finish and clapboard siding, control joints raised plaster bands and cornices and soft earth tone colors (James Hardie "Artic White" and "Harris Cream", and Stucco Senergy "Meringue"). The balance of the building has a parapet roof design with a standing seam metal roof over the entrance, and eyebrow awning windows and doors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The gas station convenience store is designed as a one-story structure, with the parapet wall at a height of 22'- 4" and the top of the hip roof entry feature at 33'-4", which is compatible with the structures on adjacent properties, and under the maximum allowable height of 45' in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed, which can create noxious fumes. As noted above, with the distance to residential units, and the buffer wall and intervening landscaping, noise associated with operation should not be an issue. With incorporation of all conditions and Page 919 of 1037 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 6 staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\Meadows Square Day Care\COUS 16-001/MSPM 16-001\Staff Report.doc Page 920 of 1037 EXHIBIT A SITE LOCATION MAP 7 „ d f 1 Y s LL 1 , a t`5�S S lr N j F : N �h4 Ca � til A V� �r sr � 1 T N 037.575 150 225 300 fit of :aD�ggld rpI��H a �HTT��RIggp@ I U AI/q�ay�s z 61� I HH®11 8 9 Q W = t II I I � I I " o e l li II"ice i �� I � ' I I a I � z I I I I I I I o to o =n ow _ a1 � a 8 I!a X3 Wam .x � 3 Awa w a.m ux=w 5l Iiab.g sosay4 V 5Nt7UVA31321OlbA1XA ou 1Y9�G�F4jd l I��Y?G FNYI4+Fn1 4 Nn'..Nl1 _ TA15iY v+DMte1 3itr'h53efWM,.B Cs(5e��,8"sNnM i �' `a .. vu two "`A• a :�V,Yx&lxtyy SLir.4 "� ;via xasrkill- ut'±xa ,a ,_ SIL, 0 O�a ae SER P "r6_ e _ ar li �f I 'I � �i 4 LO N s LLJ 03 n `M•; h a ve r i a s Nt4 01 s ,4 y i Y x �' e I,I � ;I��.k} 6L; 1 _ r __. ru u It` 'y 0�' TT } I�' .111 X91, ISI ( �a (1 [} j 77 1 r {{ 111 t r Al IJ r j IT e, a 8 I!glgx3 .. DUNAY Exhibit C MISKEL nnni bill°,,;kvl GwayI y Di kt,wson �je[Tfi {�Ak11 n ,,'-, 5�co,IP Sulck,rn 3n Fk-i,,Xa,,, l,%ru ade5 And1 i,9ua Ke lr Wawa Northeast Corner of Woolbrighta and Congress Avenue Conditional Use Justification Narrative Brightwork Acquisitions, LLC ("Applicant") is the contract purchaser of the +/- 2.14 acre parcel, generally located on the northeast corner of Woolbright Road and Congress Avenue ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is comprised of two parcels,whose Parcel Control Numbers are 08-43-45-32-00-000-3080 and 08- 43-45-32-00-000-3050. The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the interior parcel is vacant. The parcel located on the hard corner of Woolbright Road and Congress Avenue is developed with a PNC Bank, which has been closed and consolidated with another branch located approximately one and a half miles north on Congress Avenue. r 9Nha,''Pal { 77 1 s r � r�s fi �Yy ,,kr r6i� i i hm, k 6coomIgbt Rd tSli� Al 7 r 1-4 , E z�0ski rw> 1, u ,i� 3,,'�, Bm �rgAn-, R 134:32 Tura; N5�r11,w0O, ra 1 . r r ,t« "st i wvevv firnob,avoonn Page 926 of 1037 The Applicant proposes to redevelop the Property with a vibrant+/-6,119 square foot Wawa ("Project"). In order to develop the Project,Applicant has requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance.Additionally,Applicant is also required to obtain conditional use approval for the gas station use because it is located less than two hundred (200) feet from the boundary of a residential zoning district (Chapter 3, Article IV, Section 3, Subsection D.46.a.11). Standards for Evaluating Conditional Uses Chapter 3,Article IV, Section 4 of the City's Land Development Regulations ("LDR") provides the standards used for evaluating conditional uses. Applicant will demonstrate below that the Project is consistent with the following standards: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; The Project provides ingress and egress on both the Urban Principal Arterial Road(Congress Avenue) and the Urban Minor Arterial Road (Woolbright Road) as well as cross access with the adjacent property to the east. The Project also provides two-way vehicular use areas throughout the site,which maximize the efficiency of traffic flow. The multiple access points combined with a variety of drive aisles throughout the site provide sufficient access in case of fire or catastrophe. Landscaped islands provide automobile safety in the parking lot. Bollards and crosswalks provide pedestrian safety around the perimeter of the building. Furthermore, the Project is subject to review and approvals from Palm Beach County with regard to traffic. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C1, above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; The Project provides more than adequate parking on the Property. As such, sufficient parking on the Property creates little to no impact on adjacent and nearby properties. Additionally, the parking contains automobile and pedestrian safety features, such as landscaped islands and bollards. Because the Property is located on the hard corner of a major intersection, parking and loading has no impact to properties located to the west and south. The Project also has little to no impact on the adjacent property to the east, which is also comprised of a drive aisle and a parking lot for commercial retail strip uses. Finally,the Project is sensitive to the neighboring property to the north, which is a residential neighborhood. To mitigate any parking or loading impacts to the residents to the north, the Project provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in subsection C1. and C2. above; 2 Page 927 of 1037 Adequate refuse areas have been provided with sufficient access to the refuse areas for service. The refuse area is screened by both the six (6) foot wall and twelve (12) foot landscaping just south of the existing canal, which provides adequate protection for the neighboring residents to the north. The location of the refuse area for the adjacent property to the east is a mirror image; thus, the Project's cross access provides an efficient service area. 4. Utilities, with reference to locations, availability, and compatibility; The Project will be subject to concurrency review and will not have any impacts different from neighboring properties to the availability of public services or infrastructure. 5. Screening,buffering and landscaping with reference to type,dimensions,and character; As mentioned above, the Project provides a fifteen (15) foot setback, a twelve (12) foot landscaped buffer, and a six (6) foot wall just south of the existing canal. A five (5) foot landscaped buffer is proposed to the east, and ten (10) foot landscaped buffers to the west and south. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; The Project's signs and proposed exterior lighting do not produce any glare that is detrimental to traffic safety or economic effects. Well planned lighting can help prevent accidents, deter crime, and maintain an attractive community environment.' Specifically, parking lots should be designed to provide the lighting necessary to facilitate the safe movement of pedestrians and vehicles within parking areas and prevent vandalism, auto theft, and personal crime.z This is especially important for gas station parking lots due to the high traffic of pedestrians and vehicles, and where the safety of the City's residents take precedence. The Project's exterior lighting has been well planned and utilizes today's technology, which can control glare and spillage with LEDs and shields. 7. Required setbacks and other open spaces; The Project exceeds all of the minimum setback and open space requirements. B. General compatibility with adjacent properties, and other property in the zoning district; The Project is more compatible with adjacent properties and other property in the zoning district. Applicant's Property is only one of four commercial properties remaining with an OC future land use designation that fronts Congress Avenue. By expanding the use options to a threshold similar to other properties along Congress Avenue, the Applicant is able to 1 hUps://www.village.germantown.vA.us/DocumentCenter/View/44 z htWs:llwww.village.germantown.wl.us/DocumentCenter/View/44 3 Page 928 of 1037 propose a use that will serve the continuously expanding residential population along the Congress Avenue Corridor. Furthermore, City staff has indicated that market trends demonstrate more support for retail than for office development in the City according to the 1St quarter report by Cushman and Fields. Similarly, there is a need to rezone the Property to C3. When evaluating the zoning map holistically, a majority of the commercial properties fronting Congress Avenue are zoned C3 on the City's official zoning map. Applicant's Property is only one of three properties remaining that are zoned C1 fronting Congress Avenue. Thus, the Project minimizes land use conflicts and maintains the character of this major thoroughfare (FLUE Goal 1). Furthermore, the Project reduces uses that are inconsistent with the character of Congress Avenue by eliminating these future land use designations and zoning districts that are no longer consistent within the development pattern on Congress Avenue. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The proposed building does not exceed the maximum height requirements and is comparable or less than adjacent and nearby properties. 10.Economic effects on adjacent and nearby properties, and the city as a whole; The Project will produce beneficial economic effects on adjacent and nearby properties as well as the City as a whole. Restaurants, convenience stores,fuel,and ATM's are some of the most complimentary uses to surrounding businesses and residential neighborhoods. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities (FLUE Policy 1.3.1.b). Property values of adjacent and nearby properties would increase because the proposed Project provides a staple retail service demanded daily by neighboring residents and businesses. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this Project. 12.Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Cha ter 3,Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part A Cha ter 15,Section 15- 8 and The proposed use is compliant with the operational performance standards listed in LDR Chapter 3, Article IV, Section 1. The proposed use does not produce nuisances and hazards in the form of noise, vibrations, particular matter, odor, toxic matter, fire, explosions, heat, humidity, glare, waste, or electromagnetic interference. The fueling stations are subject to 4 Page 929 of 1037 federal and state safety standards,which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed,which can create noxious fumes. 13.Required sound study and analysis.All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met;b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. Itshall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 5 Page 930 of 1037 EXHIBIT D Conditions of Approval Project Name: Wawa Gas Station File number: MSPM 18-002 Reference: 31d review plans identified as a Maior Site Plan Modification with a April 24, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 2. The number of gas stations allowed at an intersection is limited to X two (2). If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 3. A minimum lot frontage of 225' is required along the two (2) arterial X rights-of-way. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. Page 931 of 1037 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT 4. Driveways shall be located a minimum distance of 30' from any X property line. Neither driveway proposed meets this code requirement. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 5. Please provide a letter from LWDD allowing the landscaping X proposed on the outside of the buffer wall, within their easement. If approval is not provided the site plan will require to be amended to accommodate all buffer landscaping on your property. 6. Please depict the use of two (2) colorful shrub species planted X around the base of the monument signs. 7. Please place a note on Sheets Al through A4.1 stating that No store X fixtures or other equipment over 42" in height shall be placed in front of vision glass so as to obscure any view into, or out of, the building. 8. Downspouts are required to be encased within architectural features. X Please revise the drawings accordingly. 9. Any music or running ads streaming at the pump island canopy shall X be discontinued between the hours of 7PM and 7AM to prevent impacts on nearby neighborhoods. 10. Revise landscape drawings to ensure that small sodded areas are X omitted and replaced with ground cover plantings. 11. The swing gates for the new dumpster enclosure location will X encroach into the drive aisle when in an open position. Please correct. 12. Sheet TM-1, Tree Mitigation, has a note indicating payment into the X "City's Tree Fund", rather than mitigating those removed. The City no longer recognizes a tree fund. Therefore, please replace any material proposed to be removed with new/different material, or relocate more of the existing material proposed to be removed. Staff may permit some understory and accent plantings to account for some of the mitigated materials. 13. Please replace Sheets C-13 and C-14, as the reproduction of those X sheets are blurred/smudged. 14. Sign bands are limited to 80% coverage and may not encroach on X and architectural elements. 15. Canopy /under canopy signage is in excess of what is permitted. X Staff recommends omitting the canopy sign (once sign is Page 932 of 1037 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT redesigned/sized to meet code it will not be legible) and keeping the under canopy signs. 16. Move the site address to be centered at the top of the monument X signs. 17. Additional needed comments regarding proposed signage will be X rendered at time of permitting. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Provide an additional handicap parking space on both the east and X west side of the building. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\StaffReport\MSPM 18-002 COA.doc Page 933 of 1037 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wawa Gas Station (MSPM18-002 / COUS 18-001) APPLICANT: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP APPLICANT'S ADDRESS: 14 Southeast 4th Street, Suite 36, Boca Raton, Florida 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 10, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. LOCATION OF PROPERTY: 2505 W. Woolbright Road and adjacent property to the east DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\StaffReport\MSPM18-002_DO.doc Page 934 of 1037 8.D. PUBLIC HEARING 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-013 - SECOND READING -Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. (Tabled to July 17, 2018). EXPLANATION OF REQUEST: Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The various amendments to the LDRs would establish zoning provisions for, and/or eliminate barriers to: 1) The sale of outdoor recreation merchandise including camping equipment, RV's and Boats; 2) Offices for civic and fraternal organizations; 3) Contractors offices; 4) Crematorium services; 5) District energy plants and other utility infrastructure intended to serve a specific area of the City such as a single project or multiple developments; 6) The rental of moving vehicles and equipment; 7) Diet and nutrition services; and 8) The sale of motor vehicles that are manufactured, assembled, or customized on-site as an accessory use. See the accompanying staff report for further descriptions of the proposed amendments. The Planning & Development Board reviewed this item on May 22nd and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: New businesses and business expansions contribute to the City's operational fees, and indirectly benefit the Page 935 of 1037 City from the additional local commerce and employment opportunities. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Changes to Land Development Regulations D Exhibit EXhibit"A" to the Ordinance D Staff Report Staff Report D Amendment Exhibit A® Proposed Amendments® Text D Amendment Exhibit B ® Proposed Amendments® Zoning Matrix D Attachment Exhibit C ® Excerpt from Matrix Notes® reference only Page 936 of 1037 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11,"DEFINITIONS"; AMENDING CHAPTER 3,ARTICLE IV, 6 SECTION 3.D, TABLE 3-28, USE MATRIX AND NOTES #44 AND #45; 7 AMENDING CHAPTER 3, ARTICLE V. SECTION 5 AND SECTION 8, 8 TO INCREASE PROVISIONS FOR CONTRACTORS OFFICES, 9 OFFICES FOR CIVIC/FRATERNAL ORGANIZATIONS, THE SALE OF 10 RECREATIONAL BOATS AND VEHICLES, DIET AND NUTRITION 11 COUNSELING SERVICES, CREMATION SERVICES, TRUCK 12 RENTAL, AND THE SALES OF MOTOR VEHICLES 13 MANUFACTURED OR ASSEMBLED ON-SITE; PROVIDING FOR 14 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE 15 DATE. 16 17 WHEREAS, staff proposes a small group of amendments to the Terms and Definitions, 18 the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations to 19 promote business growth in the City; and 20 WHEREAS, changes are deemed warranted to the use regulations as discovered through 21 public inquiries or from staff s independent findings; and 22 WHEREAS, staff is recommending approval of the proposed amendments as they are 23 intended to increase provisions for contractors offices, offices for civic/fraternal organizations, 24 the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation 25 services, truck rental, and the sales of motor vehicles manufactured or assembled on-site; and 26 WHEREAS, the City Commission has considered the recommendations and has 27 determined and finds that it is in the best interest of the citizens and residents of the City of 28 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 29 contained herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: - 1- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 937 of 1037 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 33 confirmed by the City Commission. 34 Section 2. Chapter 1, Article 11, Definitions of the Land Development Regulations of 35 the City of Boynton Beach Code of Ordinances is hereby amended as follows: 36 Chapter 1, Article 11, Definitions. 37 38 ... 39 40 ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily 41 engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale 42 in art galleries;2)new books or magazines;3)craft and hobby items,including sewing machines and supplies,new 43 fabrics,patterns,yarns,needlework and the like;4)new compact and digital video disks, musical instruments, and 44 sheet music;5)sporting goods and supplies,including scuba equipment,bicycles,mopeds,and motor scooters(with 45 engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles: or 6) 46 toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a 47 "motorcycle" and regulated as a NEW or USED 48 49 "CIVIC&FRATERNAL CLUB/ORGANIZATION"-A registered association of persons for the promotion of 50 some non-profit common objective, involving literature, science, politics, or community service, which meets 51 periodically and is limited to members and guests. This use and/or establishment is primarilyprised of the office 52 function of the organization supporting administrative and business affairs,document storage and maintenance,and 53 meeting facilities for members and guests. 54 55 CONTRACTOR- A contractor undertakes trades of a type that are specialized to assist in building construction 56 and remodeling. This definition includes but is not limited to heating, air conditioning,plumbing,roofing,paving, 57 underground,and landscaping. This establishment is limited to the office and administrative function of a Contractor. 58 This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically 59 used in providing services by the contractor, and not commonly used for general transportation purposes on a da- 60 to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See "Contractor's 61 Workshop"). 62 63 CONTRACTOR'S WORKSHOP— The functions of a Contractor establishment An enelesed spaeo tised f^r 64 including the housing and/or operating of machinery, the provision of services, the fabrication of building-related 65 products, and interior storage. This may also include the administrative function of a Contractor. 66 67 CREMATORIUM — An establishment containing properly installed, certified apparatus used in the act of 68 cremation. 69 70 ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental 71 entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary 72 sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the 73 public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited 74 service area of the City such as lift stations,district energyplants,and power substations. This use excludes wireless 75 communication facilities(WCF)as defined in the Land Development Regulations Chapter 3,Article V, Section 13. 76 77 FUNERAL HOME -An establishment engaged in preparing the dead(including pets)for burial or interment and 78 conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and 79 related merchandise). This would include a crematorium as an allowable accessory use. 80 -2- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 938 of 1037 81 PACKING & SHIPPING, TRUCKING, AND MOVING- An establishment primarily engaged in packing, 82 crating, and otherwise preparing goods for transportation. These establishments provide over-the-road 83 transportation of cargo using motor vehicles, such as trucks and tractor-trailers. Accessory to this use includes the 84 rental of moving trucks,trailers and related equipment and accessories. 85 86 STORAGE,SELF-SERVICE -An establishment engaged in the storage of personal property in facilities where 87 individual owners control individual storage bays. This use includes both limited-access and multi-access 88 facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing, and 89 moving of personal items, as well as the rental of moving vehicles,trailers and related accessories. 90 91 ... 92 Section 3. Chapter 3, Article IV, Section 3.13, Table 3-28 Use Matrix and Footnote 93 #44 and 45 of the Land Development Regulations of the City of Boynton Beach Code of 94 Ordinances is hereby amended as reflected in Exhibit"A" and as follows: 95 Chapter 3, Article IV, Sec. 3, Notes 96 97 Matrix Footnotes No. 44 and No. 45: 98 99 44. Auto Dealer, (New& Used). 100 a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of 101 motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. 102 b. MU-L3 district and MU-H district. 103 (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) 104 square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use 105 approval shall be required if all or a portion of the inventory is located within a parking 106 garage/structure. 107 (2) Access. Shall not be directly from any major roadway. 108 (3) Storage. No outside storage of materials, parts, and vehicles. 109 (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not 110 be visible from any major roadway frontage. 111 (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- 112 site. 113 c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, 114 assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be 115 permitted. 116 d. PID district. This non-industrial use is allowed within the PID district as a conditional 117 use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use 118 option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed 119 indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from 120 the requirements relative to conditional use approval, outdoor storage or display of vehicle 121 inventories, and locating on lots with the"I" and "I/Retail" use options. 122 123 45. Boat Dealer/Rental. -3- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 939 of 1037 124 a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of 125 vessels on the premises. No outdoor storage of boats shall be permitted. 126 b. C-4 District. Conditional use approval shall be required if merchandise is to be stored 127 outdoors. Outdoor storage areas shall be adequately screened from abutting properties and 128 rights-of-way, with the exception that a single merchandise item may be visible from abutting 129 rights-of-way. The display must be in combination with project signage, and the setback, 130 landscaping and design of this site feature shall minimize the visual impact on the adjacent 131 roadway. If any vehicle use areas are not separated by an intervening building and visible from 132 an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban 133 Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and 134 enhanced with additional plants selected and maintenance to facilitate, varying growth heights 135 to provide some screening of the space between the hedge material and tree canopies. The 136 landscaping required to represent"adequate" screening, as well as the appropriate design of the 137 merchandise display feature and right-of-way landscaping shall be determined as part of the 138 conditional use review process. 139 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of 140 vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be 141 stored/displayed indoors. 142 d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to 143 a marina but conditional use approval is required. No exterior loudspeakers or paging 144 equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not 145 to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of 146 marine trailers are prohibited. 147 e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, 148 assembling or customizing of boats. Outdoor storage areas shall be adequately screened from 149 abutting properties and rights-of-way. 150 f PID District. Required conditional use approval. Also, within the Quantum Park PID 151 such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) 152 option. Inventories must be stored/displayed indoors. 153 154 Section 4. Chapter 3, Article V, Sections 5 and 8 of the Land Development 155 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 156 Sec. 5. Exterior Display of Merchandise. 157 A. Districts. The temporary exterior display of retail merchandise is allowed in all 158 commercial and mixed use zoning districts. 159 B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed, 160 provided that said merchandise is sold by the operator of the respective business occupying the 161 establishment, and is of the same type of merchandise typically sold within the building. 162 C. On-Site Location. The temporary exterior display of retail merchandise shall be 163 completely contained within the boundaries of the subj ect property or leased parcel. Retail 164 merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not 165 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route 166 requirements. Merchandise shall not be placed within easements, landscaped areas, required 167 off-street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to -4- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 940 of 1037 168 the public. Any property owner desiring to display merchandise within off-street parking areas 169 would need to obtain a special sales event permit in accordance with Section 6 below. 170 D. Hours ofDisplay. Retail merchandise shall be secured and stored inside a principal or 171 accessory building at the close of business hours, unless said merchandise is placed on-site 172 more than three hundred (300)feet from any arterial or collector street right-of-way and 173 complies with the location criteria of paragraph C. above or approved as part of a special sales 174 event, as described in Section 6 below. If abutting a local street, landscape buffering must meet 175 or exceed the minimum standards of Chapter 4, Article II to minimize any visual impacts upon 176 abutting right-of-way or nearby properties. In these instances, merchandise may remain 177 outdoors after business hours, contingent upon review and approval through the site plan 178 modification process. 179 E. Miscellaneous. 180 1. Live Plants. The exterior display of live plants in connection with a nursery, garden 181 center, and farm supply establishment is exempt from the three hundred (300)-foot distance 182 requirement of paragraph D. above and may remain outdoors after normal business hours 183 provided that its placement complies with the location criteria of paragraph C. above. 184 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the 185 seasonal sales event and the temporary exterior display of Christmas trees, pumpkins, and 186 fireworks. 187 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for 188 the permanent exterior storage of retail merchandise or equipment. 189 190 . . . 191 192 Sec. 8. Permanent Exterior Storage of Merchandise and Equipment. 193 A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum 194 requirements for the permanent exterior storage of retail merchandise or equipment, in order to 195 discourage the exterior placement of said merchandise or equipment in an unsightly, 196 distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather 197 supplement any specific regulations pertaining to the exterior storage of merchandise or 198 equipment as a principal use. 199 B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed 200 in the C-3, C-4, PCD, PID, and M-1 zoning districts. 201 C. Site Plan Required. The area allocated for the permanent exterior storage of retail 202 merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article 203 11, Section 2.17. 204 D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise 205 or equipment is allowed, provided that said merchandise/equipment is owned by the operator of 206 the respective business occupying the establishment, and is of the same type of merchandise or 207 equipment typically sold or stored within the principal building. No exterior storage of 208 building or construction materials shall be allowed anywhere, except for that which is stored in 209 connection with a lawfully operating business (e.g., CONTRACTOR) as provided for 210 in Chapter 3, Article IV, Section 3. 211 E. On-Site Location. Storage areas shall be completely contained within the boundaries of 212 the subject property or leased parcel. 5- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 941 of 1037 213 The permanent exterior storage areas shall be placed behind the front or side corner building 214 setbacks line where located in the C-3, C-4, and PID districts. This restriction shall also apply 215 to properties located along arterial or collector roadways when located in the M-1 districts. 216 1. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail 217 merchandise or equipment shall be placed on improved and hard surfaces only, including 218 vehicular use areas and excess off-street parking spaces. 219 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not 220 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route 221 requirements. In addition, storage areas shall not: 222 a. Be placed within required off-street parking spaces; 223 b. Obstruct or impede vehicular movement; 224 c. Cause noncompliance with any of the off-street parking or vehicular use area 225 standards of Chapter 4; or 226 d. Abridge any easement rights without approval from the affected utility company or 227 the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard 228 to the public. 229 F. Size. The area allocated to the permanent exterior storage of retail merchandise or 230 equipment shall be restricted in size where properties are located within the following districts: 231 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one 232 percent(1%) of the gross floor area of the principal building(s)/leased space. 233 An additional one percent(1%) of storage area(based upon the gross floor area of the leased 234 space/principal building(s) may be granted, subject to the approval of an administrative 235 adjustment. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process. 236 2. PCD District and PID District. The size of the permanent outdoor storage area shall be 237 limited to fifteen percent(15%) of the gross floor area of the principal building(s)/leased space. 238 G. Additional Screening. 1H the G-3 G^ and ND this*-iets To further address potential 239 aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off- 240 site visibility, the Planning & Zoning Director may require additional screening/buffering. t4+e 241 area alleeated for-the per-maneat e�Ete )f fner-ehandise or-equipmeat shall be- 242 This est et 243 shall alse apply to pr-apei4ies Weated alang ai4er-ial E)r-ealleeter-r-eadways within the N4-4 244 245 246 247 A landscape barrier(in accordance with Chapter 4, Article II, Section 3.13. and Section 3.C.) 248 may be required i all insta where the outdoor storage area abuts an incompatible land use, 249 or zoning district, and/^r right of way. 250 251 Section 5. Each and every other provision of the Land Development Regulations not 252 herein specifically amended, shall remain in full force and effect as originally adopted. 253 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict 254 with any provisions of this ordinance are hereby repealed. -6- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 942 of 1037 255 Section 7. Should any section or provision of this Ordinance or any portion thereof 256 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 257 remainder of this Ordinance. 258 Section 8. Authority is hereby given to codify this Ordinance. The City Clerk is 259 directed to work with the Land Development Regulations publisher to consolidate this ordinance 260 and the exhibit for publication. 261 Section 9. This Ordinance shall become effective immediately. 262 FIRST READING this day of , 2017. 263 SECOND, FINAL READING AND PASSAGE this day of , 2017. 264 265 CITY OF BOYNTON BEACH, FLORIDA 266 267 YES NO 268 269 Mayor— Steven B. Grant 270 271 Vice Mayor— Christina L. Romelus 272 273 Commissioner—Mack McCray 274 275 Commissioner—Justin Katz 276 277 Commissioner—Joe Casello 278 279 280 VOTE 281 282 ATTEST: 283 284 285 286 Judith A. Pyle, CMC 287 City Clerk 288 289 290 291 (Corporate Seal) 292 -7- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 943 of 1037 293 -8- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 944 Of 1 037 U o 0 0 0 0 rx a�O dm d� dm dm 0 0 0 0 0 a a m d m d m d m d m a N� N� C X LU v O � � O Um a �om a �om a a z co o p a a a a U U U U U U a a d z co a a m m m o .. •� LO 8 a � a a � z a x Q a m m m x Y ma a a a U g U g c C a d H Y Q d V o° 0 0 N N d M d 0 0 N N d M d a m x LU LU a � a � a � a � a � � d2 U z z 0 a a a a a a a a a v a a a m r) a 0 ay 0 '^ o W= v c� a � a a co a a T� C v m ns- a m x a a a a a a LU LU a a a � a � � 2 � U z z a s a a a a a a a a a a a a a a a a a a co 0 o v o rn c� a a a a ago a ate, T d O O O'T'C v ro 0-0 V] u N N N d iv d iv d iv 0 0 0 N N N m x LU LU z z o 0 0 0 a a a s a a a a a a a a a a a a a a a a a co a 0 00 (6 a . d a �v co co co co co co co a d a a d a U U a a a a o a a a m o a a o a a a a a o a a U a a x LU U a `O G z Q U a a a z o a a U a a U a a a a U U U U U a a a a a m a a a U a a a a a a U a a m a U a a a U a a m a a a 0 o v c� U a a a o 3 3 mon ro ro �a o ocn oq T pzi zi I o ro 0 N d 0 N d a m X LU LU a � � a � a � a � U Z a z a U a s a s a a a a a s a s a a U a a a a a a a a a a a a a o a o w LD x � w � � O co a co a . co a co co co co co a W aLl a ave a a° rx> �aC7 o o F FU >rx 0. 0.O U o � N d 0.. 0.. d 0.. a m x LU LU z a a a a a a a s a a z o 0 a a a a a a s a a a a a a s a a s a a �oo a a a a a a a a a a a o a H a a a a a a a a a a a a a U a o z a a a a a a a aoo a a a a � U a w LD rn (1) a � W � F C4 d co a co � co co U b .� ❑C U 'tiC � o v � v v '� v 0. o O N N 0.. 0..W 0.. 0.. 0.. a N N N m N = N� x LU LU z z o o �N .. N N � o o LD a � a a a a � U a U m a x � -E5 y w p opt o ,w ,z clow 0� a a a a a m z x LU U a U a a U Z a s U a U z O G O � co a r z ?« o a U U U a a x R r) �R rn R G R r W 0.. W 0.. r � W r W U U U W U r W U to U to U W U U W U O 'jro O 'jro O O C a � a as a a a a a a a a aaaaa� aa a m x LU LU U ¢ ° z a z o � d 0 d � d 9 R F U O U O R co 0 O r .a s O LDF q o � za N A � en R s ro p ro o o °o J o o a m o x LU LU U z a z 0 0 a a a a a a a a a a a a a a o a 0 o c4 a a a LD �> LD �� rn a c� a IZ a F— v o v m_ X w U a � z aa � z o 0 a � a a a a a a a o a a a a LD � rn Or c� a a � a a � a 0 o a o b o a � b a � k O D\ C 0.. � ro O O 3 0 T ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-035 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Zoning Use Amendments (CDRV 18-003) Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. EXPLANATION & PROPOSED AMENDMENTS Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) intended to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The proposed amendments are relatively simple and therefore have not involved significant analysis and documentation. These proposed amendments are described briefly below and within the marked-up excerpts from the LDR as provided in Exhibits "A" and"B": • Camping equipment, RVs and Boats — Staff proposes amendments to a definition for a use, and to the restrictions on the exterior storage of merchandise to accommodate the retailing of outdoor recreational merchandise. The zoning use labeled "Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store" is defined to include businesses that retail a host of products ranging from art supplies to toys. As part of the sporting goods group in the definition, staff proposes to include camping equipment, boats, trailers and recreational vehicles to clarify the range of goods allowed. Staff also proposes that the regulations on the permanent outdoor storage or display of merchandise be amended to accommodate such oversized items on-site without negatively affecting the site or abutting properties. • "CIVIC & FRATERNAL CLUB/ORGANIZATION" — This principally office use was possibly inadvertently excluded from the Planned Industrial Development District (PID) - 1 - Page 957 of 1037 when previously identifying and amending the LDR regarding non-industrial uses within the City's industrial areas, namely the planned industrial parks or PIDs. Unlike the other PIDs in the City, the Quantum Park PID master plan contains parcels solely designated for office uses. Staff proposes that the Zoning Use Matrix be amended to add this use back to the PID District, for those parcels designated for such offices use, consistent with the regulating of other business offices. • "CONTRACTORS" The City's Zoning Regulations include definitions for "Contractor" and "Contractor's Workshop". While "Contractor's Shops" are defined to describe the different light industrial processes that a contractor would typically operate, including storage of materials and vehicles, the definition for "Contractor" only includes the different trades that make up the "Contractor" category but not the performance characteristics of the business operation. Staff on occasion has administratively interpreted this use to mean the business office for the Contractor; however, the Zoning Matrix does not allow the "Contractor" use within the C-1 (Office Professional) Zoning District. Staff proposes to separate the term/definition for "Contractor" into two separate terms/definitions to clarify and differentiate accordingly. The Zoning Matrix would also be amended to recognize the contractor's office use (under the "Office and Healthcare" Category), to be allowed in the office and commercial districts, as well as in the PID district. • Crematorium — The City's current Zoning Regulations only permits this aspect of funeral home services if accessory to a Funeral Home or Cemetery. Staff has received inquiries and requests for "stand alone" crematorium services, including for pets. The proposed amendments would add a term/definition for a "Crematorium", and provisions within the Zoning Matrix to accommodate said uses in the City's two industrial districts, M-1 and PID, Planned Industrial Development District. Related to past inquiries, staff also proposes the minor amendment to the definition for Funeral Home to include crematorium services for pets. • "ESSENTIAL SERVICES AND INFRASTRUCTURE" The current definition for this term is proposed to be expanded to include infrastructure that has a purpose of supporting a specific (rather limited) geographic area of the City such as a single project or multiple developments. This amendment would support, in part, the use of district energy plants (DEP) within the City including the planned facility at the Town Square project. Currently, such infrastructure would be defined along with the large, city-wide utility plants titled "Government, Municipal Utility/Support Facility", and would therefore be limited to the City's Public Usage zoning district. Given the purpose and size of a DEP, it is important and appropriate to allow such facilities within various zoning districts, in addition to the Public Usage zoning district. As indicated in the following excerpt from the Land Development Regulations (Chapter 3, Article IV, Section 3.13.9), "Essential Services and Infrastructure" are allowed in all zoning districts: "9. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article II are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as -2 - Page 958 of 1037 landscaping or other types of screening, may apply on a case-by-case basis as determined by the Director of Planning and Zoning. " • Rental of moving vehicles and equipment - In response to past inquiries about locations where moving trucks and related equipment can be rented, staff proposes to amend the definitions for `Packing & Shipping, Trucking and Moving", and "Storage, Self- Service" to allow the rental of said vehicles and equipment as accessory to these principal businesses. For user-friendliness, the Zoning Matrix would also be amended to include this accessory use. • "DIET AND NUTRITION CENTER" — This use is organized in the Zoning Matrix under the "Office and Healthcare" group, but is the only use in that group that is not allowed within the C-1, Office Professional zoning district. Staff proposes to amend the Matrix to allow this use within the C-1 district similar to how the matrix regulates doctors offices, counselors, real estate offices, banks and financial offices and general business and professional offices. • Sale of motor vehicles manufactured, assembled or customized on site — Although not common throughout the City, there are businesses that engage in the assembly and customizing of motor vehicles (including motorcycles). To support such business enterprises, staff proposes the simple amendments to the Zoning Matrix Notes to increase the sales provisions if accessory to the principal use including the manufacturing, assembling or customizing of motor vehicles. The regulations still prohibit the outdoor display of merchandise, for parking capacity and aesthetic reasons. However, most sales by such businesses are conducted using trade publications and the internet. CONCLUSION/RECOMMENDATION Staff proposed the subject amendments to the LDR to support business retention, attraction and expansion. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 18-003 Matrix&Notes Updates\StaffReport.doc -3 - Page 959 of 1037 EXHIBIT "A" PROPOSED AMENDMENTS CODE OF ORDINANCES PART III. LDR, CH. 1,ART. IL DEFINITIONS: ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles, or 6)toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or USED "CIVIC & FRATERNAL CLUB/ORGANIZATION" -A registered association of persons for the promotion of some non-profit common objective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. This use and/or establishment is primarily comprised of the office function of the organization supporting administrative and business affairs, document storage and maintenance, and meeting facilities for members and guests. CONTRACTOR- A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, plumbing, roofing, paving, underground, and landscaping. This establishment is limited to the office and administrative function of a Contractor. This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically used in providing services by the contractor, and not commonly used for general transportation purposes on a day- to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See "Contractor's Workshop"). CONTRACTOR'S WORKSHOP— The functions of a Contractor establishment ed including the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage. This may also include the administrative function of a Contractor. CREMATORIUM— An establishment containing properly installed, certified apparatus used in the act of cremation. ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited service area of the City such as lift stations, district energy plants, and power substations. This use excludes wireless Page 960 of 1037 communication facilities (WCF) as defined in the Land Development Regulations Chapter 3, Article V, Section 13. FUNERAL HOME - An establishment engaged in preparing the dead (including pets)for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. PACKING& SHIPPING,TRUCKING,AND MOVING -An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks and tractor- trailers. Accessory to this use includes the rental of moving trucks, trailers and related equipment and accessories. STORAGE, SELF-SERVICE -An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited- access and multi-access facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing, and moving of personal items, as well as the rental of moving vehicles, trailers and related accessories. CODE OF ORDINANCES PART III. LDR, CH. 3,ART. IV., SECTS. 3.D: Matrix Footnotes No. 44 and No. 45: 44. Auto Dealer, (New& Used). a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU-L3 district and MU-H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article HI, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the Page 961 of 1037 requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the"I" and "I/Retail" use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights- of-way, with the exception that a single merchandise item may be visible from abutting rights-of- way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) option. Inventories must be stored/displayed indoors. CODE OF ORDINANCES PART III. LDR, CH. 3,ART. V., SECTS. 5 & 8: Sec. 5. Exterior Display of Merchandise. A. Districts. The temporary exterior display of retail merchandise is allowed in all commercial and mixed use zoning districts. B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed, provided that said merchandise is sold by the operator of the respective business occupying the establishment, and is of the same type of merchandise typically sold within the building. C. On-Site Location. The temporary exterior display of retail merchandise shall be completely contained within the boundaries of the subj ect property or leased parcel. Retail merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not Page 962 of 1037 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. Merchandise shall not be placed within easements, landscaped areas, required off- street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to the public. Any property owner desiring to display merchandise within off-street parking areas would need to obtain a special sales event permit in accordance with Section 6 below. D. Hours ofDisplay. Retail merchandise shall be secured and stored inside a principal or accessory building at the close of business hours, unless said merchandise is placed on-site more than three hundred (300)feet from any arterial or collector street right-of-way and complies with the location criteria of paragraph C. above or approved as part of a special sales event, as described in Section 6 below. If abutting a local street, landscape buffering must meet or exceed the minimum standards of Chapter 4, Article 11 to minimize any visual impacts upon abutting right-of-way or nearby properties. In these instances, merchandise may remain outdoors after business hours, contingent upon review and approval through the site plan modification process. E. Miscellaneous. 1. Live Plants. The exterior display of live plants in connection with a nursery, garden center, and farm supply establishment is exempt from the three hundred (300)-foot distance requirement of paragraph D. above and may remain outdoors after normal business hours provided that its placement complies with the location criteria of paragraph C. above. 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the seasonal sales event and the temporary exterior display of Christmas trees, pumpkins, and fireworks. 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for the permanent exterior storage of retail merchandise or equipment. Sec. 8. Permanent Exterior Storage of Merchandise and Equipment. A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum requirements for the permanent exterior storage of retail merchandise or equipment, in order to discourage the exterior placement of said merchandise or equipment in an unsightly, distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather supplement any specific regulations pertaining to the exterior storage of merchandise or equipment as a principal use. B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed in the C-3, C-4, PCD, PID, and M-1 zoning districts. C. Site Plan Required. The area allocated for the permanent exterior storage of retail merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article 11, Section 2.17. D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise or equipment is allowed, provided that said merchandise/equipment is owned by the operator of the respective business occupying the establishment, and is of the same type of merchandise or equipment typically sold or stored within the principal building. No exterior storage of building or construction materials shall be allowed anywhere, except for that which is stored in connection with a lawfully operating business (e.g., CONTRACTOR) as provided for in Chapter 3, Article IV, Section 3. E. On-Site Location. Storage areas shall be completely contained within the boundaries of the subject property or leased parcel. Page 963 of 1037 The permanent exterior storage areas shall be placed behind the front or side corner building setbacks line where located in the C-3, C-4, and PID districts. This restriction shall also apply to properties located along arterial or collector roadways when located in the M-1 districts. 1. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail merchandise or equipment shall be placed on improved and hard surfaces only, including vehicular use areas and excess off-street parking spaces. 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. In addition, storage areas shall not: a. Be placed within required off-street parking spaces; b. Obstruct or impede vehicular movement; c. Cause noncompliance with any of the off-street parking or vehicular use area standards of Chapter 4; or d. Abridge any easement rights without approval from the affected utility company or the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard to the public. F. Size. The area allocated to the permanent exterior storage of retail merchandise or equipment shall be restricted in size where properties are located within the following districts: 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one percent(1%) of the gross floor area of the principal building(s)/leased space. An additional one percent(1%) of storage area(based upon the gross floor area of the leased space/principal building(s) may be granted, subject to the approval of an administrative adjustment. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process. 2. PCD District and PID District. The size of the permanent outdoor storage area shall be limited to fifteen percent(15%) of the gross floor area of the principal building(s)/leased space. G. Additional Screening. 1H the G-3 G^ and ND this*-iets To further address potential aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off- site visibility, the Planning & Zoning Director may require additional screening/buffering, t4+e area alleeated for-the per-maneat e ;,,e E)f fner-ehandise E)r-equipmeat shall Thisr-estr-ieti A landscape barrier(in accordance with Chapter 4, Article II, Section 3.13. and Section 3.C.) may be required i all insta where the outdoor storage area abuts an incompatible land use,or zoning district, and/or-right of. a, 7 Page 964 of 1037 § \m \m \m \m m LU \ \ \ / \ \ a / 0 ) ` \ \ 25 \ / / § W _ 0 \ 2 - G j « d � � \) \ \ \\ / t7 7 x , , \m \ m m_ 2 X LU \ o /! 0 .! e /3 % E ., m m_ 2 X LU \ a 2 2 Z » % - - 7 / -E5 _ / N N N 0 0 0 N N N m m �� N X 0.. 0.. 0.. 0.. 0.. 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F d W co W r C4 .� W � F (6 W � a d co a co � co co U ro U U 7, O N N W W 2 N N� W W � N h W W W 0.. 0.. 0.. .� 0.. 0.. 0.. 0.. 0.. N 0 LL U LL LL LL LL LL LL � Q m Co P. (V W W LL Q m Co P. P. m LL W a a r 0.. 0.. W W � U a M � W U m LL W M � M � V y ro t�N itl O ppp ppp"p" C)0 0ow 0 m_ 2 ; X ` LL, _ \ / 0 \ `~ co u §) e ) E ) ' ® \ / Z m m_ 2 ; X ` LU « 3 } « a � } \ \ !{ t \§ � !e \ ) � _ 41 m m_ 2 X LU \ = C C 2 2 = = 2 2 = = e ) \ d� / [} a \ � 24 )2 & cm F— co w a � a � a � a � a a a a U a co a a o a o a a o� a a o� 0 0 o a b o a � b O C 0.. � ro p� O O 7 � � C 3 on C EXHIBIT "C" ZONING MATRIX NOTES FOR REFERENCE (NO CHANGES PROPOSED) Zoning Matrix Note for"Storage, Self-Service" (reference only; no changes proposed) 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. Zoning Matrix Notes for"Contractor's Workshop" (reference only; no changes proposed) 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory commercial component to the operation. This establishment will be required to meet the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250)square feet for retail sales shall be required for establishments twenty-five thousand(25,000) square feet or less. An indoor showroom area of at least one percent(1%)of the gross floor area shall be required for establishments greater than twenty-five thousand(25,000) square feet. 29. General Note. This use is allowed within the PID,except on lots that have either a Governmental& Institutional(G&I)or Mixed Use(MU)land use option. 93. Contractor. a. Refuse. Dump sters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s)Allowed. (a) Office and showroom only as a permitted use. (b) Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. c. M-1 District. Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. Page 977 of 1037 12.A. LEGAL 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-014- SECOND READING -Approve Municipal Services& Infrastructure Site Standards (CDRV 18-004)Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. EXPLANATION OF REQUEST: To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure an expeditious processes when necessary, staff proposes amendments to the Land Development Regulations to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article 111, Zoning Districts and Overlays. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and generally summarized by Section 2. Scope of Article 1. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article 11. General Provisions: "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure. Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an expeditious processes when necessary. Exempt projects, shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility also requires the subject project to be the principal use. on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article 11. Definitions. Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. The Planning & Development Board reviewed this item on May 22nd and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The LDR amendment is intended to maximize municipal service delivery through expeditious siting, approval Page 978 of 1037 and construction of new or replacement municipal facilities and infrastructure. FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang amendments to LDR Chapter 3, Article 11, to add a New Section 11 D Staff Report Staff Report& Proposed Amendment Page 979 of 1037 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS CHAPTER 3, 5 ZONING, ARTICLE II, "GENERAL PROVISIONS", TO ADD A NEW 6 SECTION 11, "MUNICIPAL OPERATIONS AND EMERGENCY 7 FACILITIES, ESSENTIAL SERVICES AND SUPPORT 8 INFRASTRUCTURE" TO EXEMPT MUNICIPAL EMERGENCY AND 9 SUPPORT FACILITIES, INCLUDING ESSENTIAL SERVICES AND 10 INFRASTRUCTURE FROM CERTAIN BUILDING AND SITE 11 STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, to provide for the necessary flexibility in siting and replacing essential 15 public infrastructure, and to ensure an expeditious processes when necessary, staff proposes 16 amendments to the Land Development Regulations to exempt such public improvements from 17 the basic site standards indicated in the Zoning Regulations, Chapter 3, Article III, Zoning 18 Districts and Overlays; and 19 WHEREAS, the standards from which such eligible public improvements would be 20 exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building 21 setbacks; and 22 WHEREAS,while it is important to provide flexibility in siting and site design to ensure 23 the expeditious provision of public infrastructure, the proposed amendment would stress the 24 review for achieving the intent of the Zoning Regulations as represented by the entire Land 25 Development Regulations and generally summarized by Section 2. Scope of Article 1; and 26 WHEREAS, each project should be reviewed to prevent impacts upon other properties, 27 maintain a safe environment and where applicable, further the City's vision and initiatives with 28 respect to sustainability, capital improvements planning, comprehensive planning and 29 redevelopment planning; and 30 WHEREAS, The LDR amendment is intended to maximize municipal service delivery .I . C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentlES\52FYTEOE\Municipal_Services Infrastructure_Site_Standards_-_LDR_Amendment_-_Ordinance.doPage 980 of 1037 31 through expeditious siting, approval and construction of new or replacement municipal facilities 32 and infrastructure; and 33 WHEREAS, the City Commission has considered the recommendations and has 34 determined and finds that it is in the best interest of the citizens and residents of the City of 35 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 36 contained herein. 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 40 confirmed by the City Commission. 41 Section 2. Chapter 3,Zoning,Article II, General Provisions,is amended to add a new 42 Section 11, Municipal Operations and Emergency Facilities, Essential Services and Support 43 Infrastructure as follows: 44 Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support 45 Infrastructure 46 47 Municipal projects including emergency facilities, essential services, and related infrastructure 48 shallbe exempt from certain development and site standards, which are limited to minimum lot 49 area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and 50 building setbacks. The purpose of this exemption is to provide for the necessary flexibility in 51 siting, replacing and maintaining essential public services and infrastructure, and to ensure an 52 expeditious process when necessary. Exempt projects shall be reviewed through the site plan 53 review process for compliance with all other development standards including the intent of the 54 Land Development Regulations. The review of all municipal projects should ensure that such 55 improvements further the City's vision and initiatives with respect to sustainability, capital 56 improvements planning, comprehensive planning and redevelopment planning. Eligibility also 57 requires the subject project to be the principal use, and on City-owned property. Municipal 58 facilities and Essential Services and Infrastructure are defined within the Land Development 59 Regulations, Chapter 1, Article 1I.Definitions. 60 61 Section 3. Each and every other provision of the Land Development Regulations not 62 herein specifically amended, shall remain in full force and effect as originally adopted. 2.. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\52FYTEOE\Municipal_SeivicesInfrastructure Site_Standards_-_LDR_Amendment_-_Ordinance.doPage 981 of 1037 63 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 64 with any provisions of this ordinance are hereby repealed. 65 Section 5. Should any section or provision of this Ordinance or any portion thereof 66 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 67 remainder of this Ordinance. 68 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 69 directed to work with the Land Development Regulations publisher to consolidate this ordinance 70 and the exhibit for publication. 71 Section 7. This Ordinance shall become effective immediately. 72 FIRST READING this day of , 2018. 73 SECOND, FINAL READING AND PASSAGE this day of , 2018. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 77 YES NO 78 79 Mayor—Steven B. Grant 80 81 Vice Mayor— Christina L. Romelus 82 83 Commissioner—Mack McCray 84 85 Commissioner—Justin Katz 86 87 Commissioner—Joe Casello 88 89 90 VOTE 91 ATTEST: 92 93 94 95 Judith A. Pyle, CMC 96 City Clerk 97 98 3- C:\Users\StanzioncT\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.lE5\52FYTEOE\Municipal_Services_Infiastracture_Site_Standards__LDR_Amendment_-_Ordinance.doPage 982 of 1037 99 (Corporate Seal) -4. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Hles\Content.IE5\52FYTEOE\Municipal_Servvices_infi-astiucture Site_Standards_-_LDR_Amendment_-_Ordinance.doP age 983 of 1037 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-036 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design, construction or replacement of public improvements. EXPLANATION & PROPOSED AMENDMENTS To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure expeditious processes when necessary, staff proposes amendments to the Land Development Regulations (LDR) to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article III, Zoning Districts and Overlays. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and, in part, summarized by Section 2. Scope of Article I. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article I. Overview: "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an - 1 - Page 984 of 1037 expeditious process when necessary. Exempt projects shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility requires the subject project to be the principal use, and on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article II. Definitions. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. Attachments S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 18-004 Public Infrastructure Site Standards\Staff Report.doc -2 - Page 985 of 1037 12.B. LEGAL 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-015 - SECOND READING -Approve Ordinance amending Part 11. "Code of Ordinances," Chapter 2, "Administration," By creating a new Article XIX, entitled "Requirements for City of Boynton Beach's Docked Bike Share Systems"; providing for definitions, codification, conflicts, severability, and an effective date EXPLANATION OF REQUEST: A bike share system is an automated system in which bicycles are made available for shared use via membership subscriptions or short-term rentals to individuals who do not own them. Bike sharing offers the following benefits to cities: • Provide affordable access to bicycles for short-distance trips in urban areas • Provide an alternative to motorized public transportation or private vehicles • Help reduce traffic congestion, parking congestion, noise, and air pollution • Connect users to public transit networks • Address some of the primary disadvantages to bicycle ownership such as loss from theft or vandalism, lack of parking or storage, and maintenance. • Provide a favorable amenity for visitors Bike sharing supports the City's mobility, sustainability, health, economic, and social goals by helping bicycling become a more viable alternative mode of transportation in Boynton Beach. Bike sharing encourages new bicycle commuters; promotes commerce by enhancing access to business, shopping, dining and entertainment venues; and provides first and last mile solutions for the existing transit system. This ordinance specifies minimum requirements for a "docked" bike share system, wherein bikes are checked out and returned to permanent docking stations. These standards pave the way for the City Commission to approve one or more nonexclusive agreements with bike share system operators in Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By adopting minimum standards, the City of Boynton Beach will be able to encourage qualified bike share businesses to operate within the City, helping to achieve the city's goals of encouraging bicycling, reducing vehicle miles traveled and single occupancy vehicle trips, expanding transportation options, and reducing greenhouse gas emissions. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City as all costs for the program will be borne by third party entities. ALTERNATIVES: STRATEGIC PLAN: Page 986 of 1037 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision, I nitiative T-6: Use and expand Transportation Demand Management (TDM) strategies, which reduce peak hour and single-occupant vehicle travel. These include Vanpool and Carpool programs, Car and Bike Sharing programs, a high-occupancy vehicle incentive program, preferred employee parking incentives and Commute Trip Reduction programs. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ord Bike Share Amendment Page 987 of 1037 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART H. "CODE OF ORDINANCES," CHAPTER 2, 5 "ADMINISTRATION," BY CREATING A NEW ARTICLE XIX, 6 ENTITLED "REQUIREMENTS FOR CITY OF BOYNTON BEACH'S 7 DOCKED BIKE SHARE SYSTEMS"; PROVIDING FOR DEFINITIONS, 8 CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 9 DATE 10 11 WHEREAS from time to time the City's staff reviews its Code of Ordinances to 12 determine whether such ordinances may be made more efficient; and 13 WHEREAS, the City staff has reviewed Part II, Chapter 2 of the Code of Ordinances 14 and determined that that a Docked Bike Share System should be implemented in the City; and 15 WHEREAS, upon the recommendation of staff, the City Commission deems it to be in 16 the best interest of the citizens and residents of the City to amend Part 11, Chapter 2 of the Code 17 of Ordinances to add Section XIX to include a Docked Bike Share System. 18 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 22 true and correct and are hereby made a part of this Ordinance. 23 24 Section 2. Part II, Chapter 2, "Administration" is hereby amended by creating a new 25 Article XIX, entitled"Requirements for City of Boynton Beach's Docked Bike Share Systems," 26 to read as follows: 27 28 Chapter 2 Administration 29 Article XIX. Requirements for City of Boynton Beach's Docked Bike Share Systems. 30 31 (a)Definitions. For purposes of this Section, the following words and phrases shall have the 32 following meanings: 33 34 (1) Agreement shall mean a nonexclusive agreement between a bike share operator and 35 the City of Boynton Beach as approved by the City Commission. 36 (2) Bike Share Station (or Station) shall include, but not be limited to the following 37 items located within a designated area: docking structure, kiosk, map display, 38 system bicycles or other equipment attached to and necessary for the facility's 39 operation. 1 Page 988 of 1037 1 (3) Bike Share System (or System) shall mean an automated system in which bicycles are 2 made available for shared use via membership subscriptions or short-term rentals to 3 individuals who do not own them. As used herein, Bike Share System shall 4 specifically refer to a docked system wherein bikes are checked out and returned to 5 permanent docking stations. 6 (4) City shall mean the City of Boynton Beach. 7 (5) Customer shall mean any person using a bike share system. 8 (6) Kiosk shall mean the physical structure and housing for the automated payment 9 terminal at which users can access the bike share system with a membership card, 10 pay for a rental with a credit or debit card, and receive information about the bike 11 share system. 12 (7) Operator shall mean any entity that owns and/or operates a bike share system. 13 14 (b)Agreement Required. Operators must have an fief e?ielt sive agreement approved by the City 15 Commission to lawfully operate a bike share system within the City. Agreements must comply 16 with the requirements set forth in this ordinance. 17 18 (c)Administrative Review for Dockless Use of Bike Share System. This ordinance specifies 19 requirements for docked bike share systems only. If an Operator or the City desires to use+h-e-a 20 bike share system or any of its bicycles on a"dockless" basis (i.e., bikes could be dropped off 21 and picked up at any location, outside of+4e-permanent bike share stations), stteh a t3r-6--s-1 22 wou44-a new agreement shall be required between the Operator and the City that meets be 23 sttbje^**^ ,, a... .,; ,.o'v7..,,. requirements for dockless bike sharing. Such requirements shall 24 be specified by the City and may include, but not be limited to, regulations on parking methods 25 and locations, requirements for the Operator to relocate/rebalance bicycles, limitations on the 26 time a bike can be parked in one location, requirements for the Operator to install bike racks, 27 and/or other regulations deemed necessary to promote public safety and well-being. 28 29 (d) Operations. Operator shall be solely responsible for all costs and expenses to implement 30 and maintain the bike share system. 31 (1) Bike share systems shall provide bike sharing services and rentals at automated, self- 32 service kiosks. 33 (2) Bikes shall be GPS-enabled to allow Operators to track their locations. 34 (3) All pricing charged to the customer shall clearly explain structure for ride and time 35 period as well as fees for additional or overage periods. The maximum charge should 36 be clearly stated. 37 (4) Operators shall have a 24-hour customer service phone number for customers to 38 report safety concerns, complaints, or ask questions. 39 (5) Any inoperable bicycle, or any bicycle that is not safe to operate, shall be removed 40 from the system within 24 hours of notice, and shall be repaired before being put back 41 into service. 42 (6) Bike share systems shall include visible language within the Operator's mobile and 43 web application that notifies the customer that: 44 a. People on bicycles are encouraged to wear helmets. 45 b. People on bicycles must follow all traffic laws. 2 Page 989 of 1037 1 (7) Stations shall provide clearly posted reference to Bicycle Safety Laws (i.e., Florida 2 General Statutes 316.2065) 3 (8) Operators shallprovide the City with a current contact name and phone number for staff 4 that are capable of relocating and repairing bicycles. 5 (9) Operators shall provide data, records, and reports at the City's request, according to 6 terms specified in the Agreement. 7 8 (e)Bicycles. All bicycles operated by a bike share system Agreement with the City shall: 9 (1) Meet the standards outlined in the Code of Federal Regulations (CFR)under Title 16, 10 Chapter II, Subchapter C, Part 1512—Requirements for Bicycles, as amended. 11 Additionally, all bike share operators shall meet the safety standards outlined in ISO 12 43.150 — Cycles, subsection 4210, as amended. 13 (2) Meet the requirements in Florida General Statutes 316.2065 (7)regarding lamps and 14 reflectors, and other state, federal, and local requirements. 15 (3) Have an emblem of the Operator, contact information including website and phone 16 number, and a prominently displayed unique identifier. 17 (4) Be high quality and sturdily built to withstand the effects of weather and constant use 18 for a minimum of five years. 19 (5) Accommodate a wide range of users. 20 (6) Be well maintained and in good riding condition. 21 22 (f)Insurance. The Operator shall provide and maintain such public liability and property damage 23 insurance for the entirety of any existing lease agreement(s) with the City to protect the City 24 from all claims and damage to property or bodily injury, including death, which may arise from 25 any aspect of the Agreement or its operation. Such coverage should be maintained, at a 26 minimum, in the amount of$1,000,000 per occurrence with an annual aggregate coverage of 27 $2,000,000. The Operator shall maintain a Commercial Automobile Liability insurance limit of 28 $1,000,000. The Operator shall secure Worker's Compensation coverage for any and all 29 employees and officers. Operator must secure coverage via insurers rated at least "A-,VI" or 30 better by the current A.M. Best Key Rating Guide, that are licensed to do business in the State of 31 Florida, and that have been approved by the City. Operator must provide the City with 32 Certificate(s) of Insurance evidencing the required coverages including language granting the 33 City Additional Insured status, excluding the Workers Compensation policy. 34 35 (g)Indemnification. As a condition of the Agreement, the Operator must agree to indemnify, 36 hold harmless and defend the City, its representative, employees, and elected and appointed 37 officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, 38 including reasonable attorney's fees and costs for appeal, associated with or arising out of or 39 from the Agreement, the use of ROW or city owned property for Bike Share Systems operations 40 or arising from any negligent act, omission or error of the Bike Share System's owner, managing 41 agent, its agents or employees or from the failure of the managing agent or owner, its agents or 42 employees, to comply with each and every requirement of this division or with any other federal, 43 state, or local traffic law or any combination of same. 44 45 (h)Docking Structures and Kiosks. All kiosks and docking structures shall be designed and 46 constructed to meet the Florida Building Code and to comply with all applicable laws and 3 Page 990 of 1037 I regulations, including City sign regulations and community appearance regulations. All kiosks 2 must adhere to the aesthetic requirements of other structures located near the specific kiosk 3 location. The Operator shall maintain the kiosks, bicycles, and docking structures free of 4 graffiti and in good, clean working order and repair, including the daily removal of trash and 5 debris from the station area. 6 7 (i) Station Locations. Bike share stations shall only be placed in sites that are mutually agreed 8 upon by the City and Operator, and which are approved by the City. 9 10 (1) The Bike Share System's owner, managing agent or both, shall be responsible to 11 ensure that the following requirements are met during operation of the Bike Share 12 System: 13 a. For locations within City right-of-way, the Operator shall submit a City of 14 Boynton Beach right-of-way application to the Engineering Division, and for 15 locations on City property the Operator shall submit a minor site plan 16 modification and building permit application to the City's Planning and 17 Zoning Division and Building Department, respectively. The application shall 18 include a site plan for each bike shafifig-share station location. Plans shall be 19 to scale and show the footprint and design of the station, existing roadway, 20 striping, signage, lighting,parking meters, and sidewalk for a distance of at 21 least 25 ft. beyond the limits of all sides of the bike shai4ng-share station 22 location. No installation,permanent or temporary, shall be performed without 23 a valid permit. City may request, upon thirty (30) days written notice to 24 Operator, that one (1) or more bike ska share station(s)be removed, 25 relocated, and/or restored. Operator shall make all reasonable efforts to 26 comply with City's request for the removal, relocation and/or restoration of 27 bike share g station(s) within the time provided above. Upon removal of a 28 station, the right-of-way shall be restored by the Operator, at no expense to the 29 City, to a condition equal to or better than the condition at the time of 30 installation. 31 (2) The City will not immediately charge a fee for Operators to site bike share stations on 32 City property, but will reevaluate the need for implementing such a fee every two 21 33 years. 34 (3) For locations on private or public property that is controlled or managed by an 35 entity other than the City, the Operator shall be responsible for obtaining all required 36 permits and approval from property owners. 37 �42Operators shall provide the City with pictures of each location prior to commencing 38 construction of a Bike Share System or kiosk, such that the City may confirm 39 restoration to the original condition of the location after a Bike Share System or kiosk 40 is removed. 41 (' (g) Twoor more Operators_may install bike share stations in close proximity to each 42 other at the same location if the City (and property owner if not on City property) 43 determines there is sufficient space and a proves the Mplications. 44 45 0)Performance Bond. Bike share operators shall provide the City with a performance bond in an 46 amount determined by the City to be sufficient to cover the obligations of the Operator under the 4 Page 991 of 1037 I Agreement. The form of the bond shall be approved by the City and shall be executed by one or 2 more surety companies legally authorized to do business in the State of Florida. The bond shall 3 guarantee the performance of all the obligations of the bike share operator under the Agreement. 4 If an Operator increases the size of their fleet, the performance bond shall be adjusted 5 appropriately before deploying additional bicycles. 6 7 (k)Fleet Size. Operators shall state the desired maximum fleet size in the Agreement. The City 8 and Operator may agree to add additional bikes and/or stations ifit is determined and mutually 9 agreed that there are not enough bicycles or locations to meet demand. The City shall have the 10 authority to limit an Operator's fleet size with reasonable discretion to protect the safety of the 11 traveling public and integrity of the bike share system itself and entire transportation system 12 within the public way. 13 14 (1)Restoration. After a Bike Share System is removed, the owner, managing agent or both shall 15 restore the right-of-way or city owned property to its original condition. 16 17 18 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 19 conflict herewith be and the same are hereby repealed to the extent of such conflict. 20 21 Section 4. If any clause, section, or other part or application of this Ordinance shall be 22 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 23 invalid part or application shall be considered as eliminated and so not affecting the validity of the 24 remaining portions or applications remaining in full force and effect. 25 26 Section 5. This Ordinance shall become effective on passage. 27 28 FIRST READING this day of 2018. 29 30 SECOND, FINAL READING AND PASSAGE this day of 31 2018. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor— Christina L. Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner—Joe Casello 46 47 5 Page 992 of 1037 I VOTE 2 ATTEST: 3 4 5 6 Judith A. Pyle, CMC 7 City Clerk 8 9 10 (Corporate Seal) 6 Page 993 of 1037 12.C. LEGAL 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO 18-016 - SECOND READING -Approve Amateur Radio &TV Antennas (CDRV18-001) amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City-initiated. (Tabled to July 17, 018) EXPLANATION OF REQUEST: This item was originally included within Ordinance 18-005, regarding telecommunications in Public Rights-of- Way and initially heard and approved on April 3rd. These amendments were removed from Ordinance 18-005 prior to adoption for further review and processing under a separate ordinance. The Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The City Commission adopted Ordinance 18-005 on May 1, 2018 which amended the Code of Ordinances, Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way, to implement the new regulations of the Act. Further amendments are necessary to Part I I I of the Land Development Regulations to avoid any conflict with the amendments in Ordinance 18-005 and to ensure consistency with Federal and State requirements. The proposed changes are intended to provide specific provisions for short wave radio communication systems pursuant to Federal Communications Commission's (FCC) PRB-1, the Amateur Radio Memorandum Opinion & Order. The Order prohibits local regulations from precluding amateur service communications; requires local governments to reasonably accommodate such communications; and limits local regulation systems to those that constitute the minimum practicable regulations to accomplish the state or local authority's legitimate purpose. The proposed amendments include changes to Section 12 of Chapter 3 to insert provisions for amateur radio towers and antennas. A summary of the proposed amendments are as follows: Section 12 -Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • AIIowAmateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers • Establishing height standards for amateur radio systems including a maximum height of 60 feet (limited to periods of active use), and setting a maximum tower and antenna height when retracted (maximum of 15 feet higher than the roof peak); • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter from the location, height, setbacks, and screening requirements applicable to the single-family residential districts. The Planning & Development Board reviewed this item at their meeting on March 27th and forwarded it with a recommendation for approval. Page 994 of 1037 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Proposed Ordinance &Amendments D Staff Report Staff Report Page 995 of 1037 ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III. "LAND DEVELOPMENT REGULATIONS," CHAPTER 3, "ZONING," ARTICLE V, "SUPPLEMENTAL REGULATIONS," SECTION 12, "SATELLITE EARTH STATIONS AND ANTENNAS" OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES; TO PROVIDE FOR THE RENAMING OF THE SECTION TO BE "AMATEUR RADIO AND TELEVISION ANTENNAS"; TO PROVIDE FOR REVISIONS RELATED TO THE REGULATIONS RELATED TO THE PLACEMENT OF AMATEUR RADIO AND TELEVISION ANTENNAS; PROVIDING FOR CITY COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant municipalities "broad authority to enact ordinances under its municipal home rule powers" and that "[u]nder its broad home rule powers, a municipality may legislate concurrently with the Legislature on any subject which has not been expressly preempted to the State"; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in regulating the siting of amateur radio and television antemias to promote the public health, safety, aesthetics, and general welfare; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in protecting residential areas and land uses from potential adverse impacts of amateur radio and television antennas; and WHEREAS, such public interest extends to protecting, preserving and maintaining the health, safety and welfare of the residents while also protecting, preserving and maintaining the aesthetic character of areas where the residents reside and do business; and WHEREAS,the City of Boynton Beach desires to avoid potential detrimental impacts to adjacent properties from antennas through engineering and careful siting; and WHEREAS, the City finds that this Ordinance will advance the public health, safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, all within the bounds of the Act and other state and federal laws governing communications facilities. {00228966.1 306-90018211 Page 996 of 1037 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. Amendment of City Code. Part III, "Land Development Regulations," Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 12, "Satellite Earth Stations and Antennas" of the City of Boynton Beach Code of Ordinances be, and the same are hereby amended as provided in Exhibit "A", which is attached to this Ordinance, and hereby incorporated by reference (words that are stricken out are deletions; words that are underlined are additions). SECTION 3. Codification and Reservation of Rights. This Ordinance shall be incorporated into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance and the City Code may be freely made. Adoption and codification of this ordinance does not waive the city's right to contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness of the Act or any part thereof and the city hereby reserves the right to contest and otherwise challenge the Act. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all existing and future applications for permits. 100228966.1 306-90018211 -2.- Page 997 of 1037 FIRST READING this day of 2018. SECOND, FINAL READING AND PASSAGE this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor—Steven B. Grant Vice Mayor— Christina L. Romelus Commissioner—Mack McCray Commissioner—Justin Katz Commissioner—Joe Casello VOTE ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) (00228966.1 306-9001821) _.3 Page 998 of 1037 EXHIBIT "A" Section 12. SatetlTte Earth Stations "~�,-.a-Antennas. Amateur Radio and Television Antennas A. Types. FeF the pwpese Gf G'aFwfymRg regulations, satellite dish aRt8RRae are hereb Gube.. GFE)wp B aRt8RRae aro these that will not fit within a nnc (1) meter Gabe. first ehtainipg a permit frem the city. dE) RGt GGRf'iGt with aRy standards set forth OR this SeGtOG)R, iR WhiGh Gase this seGtien shall re Q Fees. AR appliGatiOR fee shall be payable to the Gity as adapted by FesolutffiOR of the ID. dens. 1. Ne exTeria�aatellFte dishhaa,rnteRna may he used far display or a.dve �nirp�g� resmdentlal rlistrist 7 ❑ertahle Group R satellite dish antennae are net allowed E. N9nGGPfGFMiPg. Satewnite dr'snanteRproperly p eFmotted pFi9r-to Apri�995 nompllapne with this sentinn F.A. Amateur Radio/Citizens'Band (CB) and Television (TV) Antennae. not eXGeed twenty-five (25) feet OR height, and Re fFeestandiRg aRteRRa may be GeRstFuGted maximum d*StF;Gt height regulation by ten (I Q) feet, but OR no iRstaRGe, may aR aRteRnae eXGeerl the roof height by mare thap fifteen (9 La feety 100228966.1306-9001821} -4- Page 999 of 1037 L 1. _Purpose and Intent. The purpose and intent of this Section is to provide for the safe and effective installation and operation of amateur radio, citizens band radio, and television antenna support structures, and the beam, satellite, or other antennas installed on those support structures. It is also the purpose and intent of this Section to_provide for a reasonable accommodation of amateur (a.k.a. HAM) radio communications, in accordance with Parts 95 and 97 of Chapter 1 of Title 47 of the Code of Federal Regulations, while reflecting the City's legitimate interest in protecting and promoting the health, safety, welfare, neighborhood aesthetics, and morals of its citizens. 2. Applicability. Towers and antennas regulated by this section shall be considered accessory uses, allowed only in conjunction with a single-family and bwo- family dwelling, 3. Reasonable Accommodation. All amateur radio towers and antennas that do not meet the standards of this section are eligible for consideration through the reasonable accommodation process. 4. Number. A maximum of one (1) amateur radio/citizens band radio antenna tower and a maximum of one (1) television/CB antenna tower shall be allowed on a legally designated parcel, as indicated by the Palm Beach County Property Appraiser's records. -a-- t- 5. Height. a. Television and citizens' band broadcasting antennae may extend up to forty (40) feet in height, but in no instance may an antenna exceed the roof height (roof peak) by more than fifteen (15)feet. b. Amateur radio towers and antennas may be allowed up to a maximum of sixty (60)feet only when in use (also see section A.6.b below). 6. Additional Standards for Amateur Radio Towers. To minimize the visual impacts and hazards of antenna towers, towers for amateur radio communications shall be designed and stored as follows: a. Guy wires may only be used if not visible from the abutting roadway. b When not in use, towers and antennas shall be retracted or lowered to a minimum of 40 feet, but no greater than 15 feet above the roofline nearest to the tower. C. Towers shall be lowered to a ground-mounted position, and antennas removed upon notice from the weather service of a hurricane watch. The height of the lowered and anchored position shall be less than the setback distance from the adjoining property line. 7. Location. Amateur radio, citizens band, and television towers shall be located in the rear yard and shall not be located forward of the front building line or within an easement. Towers that extend 15 feet or less above the roofline may be located in an internal side yard: {00228966.1 306-9001921) -S - Page 1000 of 1037 8. Setbacks. a. Except where otherwise allowed in Section 12, Antenna support structures shall be located to comply with the district setback standards. If the existing setback of the principal structure is at or less than the minimum setback for the district, the tower may encroach up to 5 feet into the required setback. b. The support structure or any element thereof shall be set back a minimum of ten (10) feet from any easements. C. The antenna component of the communication system may encroach up to 5 feet into the minimum required setback. d. Antenna support structures shall be located on the property so as to provide adequate setbacks from above-ground utility power lines other than applicant's service lines as follows: (1) Setback a minimum distance equal to 50 percent of the height as calculated from grade to the highest point of the antenna support structure and its antenna; or (2) The owner shall submit a fall zone letter from a registered engineer certifying the design wind load and that the radius around the base of the tower potentially impacted by any possible failure in the tower is within the subject property and clear of any utility lines. 9. Permits. No amateur radio, citizens band radio, and television antenna support structures shall be installed or modified without first obtaining a permit from the city. 10. Nonconforming. Amateur radio, citizens band radio, and television antenna support structures properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. G. - Sate#ge Eagh Stations.Satellite dish antennae IRStall,8d W 6eFV8 e- 1 Height Ale port ref any satellite dish antenna installation may extend heye the peak of the Foof or height of the heFizental eave line E)f the uppeFmc)st floor of any SiRgle family or duplex hame. 7 G r$un R GCean �satell t2-� S�-a�teRnue shuanll he frpestandiRg, nroc,,rndbuildiRr g. r All Group R satellite dish ant nae all ho sore on a. r�eNNff��Zr e�lrcc�rrn-i�TceFlrrv� un-v�•.rvrceFl �rT thFee (3) sider, with IandSGape materials, or walls with !andSGap!Rg WhiGh are E)f a heigh equivalent to the total height of the mounted satellite dish {00228966.1 306-9001821) - 6- Page 6- Page 1001 of 1037 b. Lem e. Fer all Group B -aR,teRRaslot size With Zpninn rens ila#iGRS G. Multi family DwelliRg Units and NOR Fesidential DiStFiGtS. Satellite dish aRten IGGated withiR multi family and RGR486idBRtial diStFiGtS shall GGMPIY With thG fG"GWORg reg ila#ienc S Tr (1) hall require site plan Feview in annnr`#apne With w-c Ftinlo 11 CeG�n 2.F=.; II �-sizrvrc-rTv rr Group ��, 2\ IR multi family diStFin#�nI�i p�rt7r upp--B satellite height shall not eXGeed the maximum allewable height of the diStFiGt OR WhiGh it *6 leGat (3) A Grel ip B satellite rich n# na II ip nnmmerr•ial anr# cmcc-arm-£trrceflrru—iF-1 Starre��n�vnrrrrcivrar-ancr righ#_nf.way or residential dic#rin# (4) GFoup R sat ite dish an#ennae whish are-reW,nted OR a #n�i er and used fOF GGMmunmGatOE)R OR GORReGtiOR with the 9peFatiGR of a buSiRess shall provide FeSenahle cnreenin'v B. Satellite Dish Antennas 1. Applicability. All satellite dish antennas shall be governed by the standards of this Section unless exempted below or regulated as part of an amateur radio antenna. 2. Exemptions. In single-family residential zoning districts, satellite dish antennas 40 inches or less in diameter shall be exempt from these requirements. 3. Standards. A. Single-Family and Duplex Residential Districts. Satellite dish antennae that exceed 40 inches in diameter and are located within residential districts shall comply with the following regulations: (1) Number. A maximum of one (1) satellite dish antenna over 40 inches in diameter shall be allowed on a residential lot; (2) Location. Satellite dish antennas shall be mounted on the wall, ground, or a support structure in the side or rear yard and shall not be located on a wall facing the front property line or within an easement; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; {00228966.1 306-9001821} -7 - Page 7 - Page 1002 of 1037 (4) Screening. Satellite dish antennas, if located in the side or rear yard, shall be screened by an opaque fence or hedge; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district. b) frillriW;Rg Feg latmORS• (1) Shall Fequire site plan review in annprdanno with Ghap}erT AFtmGIe 11,Se6ti^,GR 2.F.; p ^II (2) in ultifaami , dmGtr%j�Thi pno (1) GFoup Bsatellite visa antenna s allowed. The aRteRRa must b8 GGreeRed and shall Rot be IOGated eR th8 F90f. Its (3) A GFE)up R satellite „lith an} no , all in npmm al anal z21�i'ic-�v-�n�-rceFlrrcr-rC�SturrG��rrvvrrrrrreFGra' rano Rdu6trwal ZGRORg diStFiGtE, may not be IGGated OR a roof so that the dish is visible fFem a pub4e righ}_pf way eF r-eswdon}ial dio}rin} \ Group RrSdtelnlrite dish antennae whinh are MO„n}oapn art@1ivi e� FeaGGRahle enrooninry B. Multi-family Residential Districts. Satellite dish antennae located within multi-family districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article ll, Section 2.F.; (2) Number. Only one (1) satellite dish antenna is allowed per unit. (3) Location. The satellite dish antenna shall not be located on the roof. (4) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; and, (5) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof. (6) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located; C. Non-residential and Mixed Use Districts. {00228966.1 306-9001921) -8- Page 1003 of 1037 Satellite dish antennae located within non-residential and mixed use zoning districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (2) Location. Satellite dish antennas shall be wall, roof, or around mounted, and shall not be located in the front or side corner yard; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; (4) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located. 4. Nonconforming. Satellite dish antennas properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. (00228966.1 306-9001821) 9 - Page 1004 of 1037 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Mayor and Commissioners FROM: Kathleen Hatcher Senior Planner DATE: June 4, 2018 RE: Approve (CDRV 18-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations: Section 12. Satellite Earth Stations and Antennas to insert provisions for HAM radio towers and antennas consist with FCC requirements, and Section 13. Wireless Communications Facilities (WCF) to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. EXPLANATION The above-referenced code revisions are necessary in order to update the Land Development Regulations to correspond with amendments to Part 11 of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" adopted by the City Commission on May 1, 2018 by Ordinance 18-005. On June 23, 2017 the Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The amendments to Code of Ordinances Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way by Ordinance 18-005 are to implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part 11 amendments, and to ensure compliance with FCC requirements. The proposed revisions to the LDR update and expand Chapter 12 to amend the regulations on television antennas and amateur ham radio antennas to update terminology, restrict the number allowed, and establish height limits and setbacks while respecting preemption regulations by the Federal Communications Commission (FCC). The FCC's "PRB-1" is their declaratory ruling requiring that local zoning laws reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. It further reads that such regulations "...must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose". Due to the vague character of the FCC regulation, some jurisdictions have avoided any specific standards applicable to HAM towers and antennas and merely reference their objective to accommodate such communications systems consistent with the FCC directives. While many other cities and counties have adopted quantifiable standards as well as the provision to consider tower applications that fail to comply with such standards through the reasonable accommodation process. Staff has drafted amendments consistent with this latter format of regulations to provide some limits and structure as well as to ensure ultimate compliance FCC PRB- 1. Page 1005 of 1037 Current regulations in the LDR allow wireless communications facilities (WCF) to be located in public rights-of-way as "non-concealed attached WCF" which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. The WCF regulations are being amended to avoid conflict with WCF within public rights-of-way, regulated by Part II. Chapter 25-.1 as amended. Proposed revisions to Chapter 13 Wireless Communications Facilities (WCF) refer applicants to Part II Chapter 25.1 for all regulations pertaining to WCF within public rights-of-way. The WCF revisions also clarify that non-concealed attached WCF regulated in Ch. 13 of the LDR are only those located on publicly or privately-owned lots (not in public rights-of- way) and would be limited to poles at least 50 feet in height (such as ballpark lights). In addition, non-concealed WCF would not be allowed in residential zoning districts and would be limited to a height increase of ten (10) percent of the pole height when antennas are attached. PROPOSED AMENDMENTS A summary of the proposed amendments are as follows: Section 12 - Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • Allow Amateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers, and maintaining maximum height as a factor of roof height (maximum of 15 feet higher than the roof (peak) height up to 40 feet); • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter for single-family residential districts. • Clarify requirements (process, number, location, setbacks, screening, and height) for single- family/duplex districts, multi-family residential district, and non-residential and mixed use zoning districts. Section 13 - Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to Chapter 3 Article V Sections 12 — 13 of the LDR to ensure no conflicts with Ordinance 18-005 Telecommunications in Public Rights of Way, adopted on May 1, 2018 in order to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act. These code amendments are also proposed to ensure that applications are acted upon consistent with state and federal law. Attachments -2 - Page 1006 of 1037 12.D. LEGAL 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO 18-017 - SECOND READING -Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless I nfrastructure Deployment Act that regulates WCF within public rights-of- way. City-initiated. (Second reading will be heard on July 17, 2018) EXPLANATION OF REQUEST: This item was originally included within Ordinance 18-005, regarding telecommunications in Public Rights-of- Way and initially heard and approved on April 3rd. These amendments were removed from Ordinance 18-005 prior to adoption for further review and processing under a separate ordinance. The Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The City Commission adopted Ordinance 18-005 on May 1, 2018 which amended the Code of Ordinances, Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way, to implement the new regulations of the Act. Further amendments are necessary to Part I I I of the Land Development Regulations to avoid any conflict with the amendments in Ordinance 18-005 and to ensure consistency with Federal and State requirements. The proposed amendments to Section 13 of Chapter 3 are summarized as follows: Section 13- Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. The only revision made to the proposed regulations subsequent to the initial review was to the footnotes corresponding with Table 3-30. Said revisions to the footnotes simply cross-reference Chapter 25.1, and the amendments achieved by Ordinance 18-005. The Planning & Development Board reviewed this item at their meeting on March 27th and forwarded it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Page 1007 of 1037 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Proposed Ordinance &Amendments D Staff Report Staff Report Page 1008 of 1037 1 2 ORDINANCE NO. 18- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART III. "LAND DEVELOPMENT REGULATIONS," 6 CHAPTER 3, "ZONING," ARTICLE V, "SUPPLEMENTAL 7 REGULATIONS," SECTION 13, "WIRELESS COMMUNICATION 8 FACILITIES" OF THE CITY OF BOYNTON BEACH CODE OF 9 ORDINANCES; TO PROVIDE FOR REVISIONS RELATED TO THE 10 EXCLUSION OF REGULATIONS RELATED TO THE PLACEMENT 11 OF WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC 12 RIGHTS OF WAY; PROVIDING FOR CITY COMMISSION 13 AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS, AND 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. 17 Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida 18 Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant 19 municipalities "broad authority to enact ordinances under its municipal home rule powers" 20 and that "[ a ]nder its broad home rule powers, a municipality may legislate concurrently with 21 the Legislature on any subject which has not been expressly preempted to the State"; and 22 23 WHEREAS, the City of Boynton Beach has a substantial and significant public 24 interest in regulating the siting of communication towers, communication antennas, and 25 wireless communication facilities to promote the public health, safety, aesthetics, and 26 general welfare; and 27 28 WHEREAS, the City of Boynton Beach has a substantial and significant public 29 interest in protecting residential areas and land uses from potential adverse impacts of 30 communication towers, communication antennas, and wireless communication facilities; and 31 32 WHEREAS, such public interest extends to protecting, preserving and maintaining 33 the health, safety and welfare of the residents while also protecting, preserving and 34 maintaining the aesthetic character of areas where the residents reside and do business; and 35 36 WHEREAS, the City of B o y n t o n B e a c h desires to avoid potential detrimental 37 impacts to adjacent properties from wireless communication facilities through engineering 38 and careful siting; and 39 40 WHEREAS, the City finds that this Ordinance will advance the public health, 41 safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities of 42 the City, all within the bounds of the Act and other state and federal laws governing 43 communications facilities. 44 45 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF 46 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: {00228951.1306-9001821} 1 Page 1009 of 1037 47 48 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being 49 true and correct and are hereby made a part of this Ordinance. 50 51 SECTION 2. Amendment of City Code. Part III, "Land Development Regulations," 52 Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 13, "Wireless 53 Communication Facilities ("WCF"), of the City of Boynton Beach Code of Ordinances be, 54 and the same are hereby amended as provided in Exhibit "A", which is attached to this 55 Ordinance, and hereby incorporated by reference (words that are stricken out are deletions; 56 words that are underlined are additions). 57 58 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be 59 incorporated into the Boynton Beach City Code. Any section, paragraph number, letter and/or 60 any heading may be changed or modified as necessary to effectuate the foregoing. 61 Grammatical, typographical and similar or like errors may be corrected, and additions, 62 alterations, and omissions not affecting the construction or meaning of this ordinance and the 63 City Code may be freely made. Adoption and codification of this ordinance does not waive 64 the city's right to contest or otherwise challenge the constitutionality validity, enforceability, 65 and effectiveness of the Act or any part thereof and the city hereby reserves the right to 66 contest and otherwise challenge the Act. 67 68 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or 69 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 70 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 71 shall be deemed a separate, distinct and independent provision, and such holding shall not 72 affect the validity of the remaining portions of this ordinance. 73 74 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance 75 and any other ordinance or provision of law, this Ordinance controls to the extent of the 76 conflict, as allowable under the law. 77 78 SECTION 6. Effective date. This Ordinance shall become effective immediately upon 79 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 80 existing and future applications for permits. 81 82 FIRST READING this day of , 2018. 83 84 SECOND, FINAL READING AND PASSAGE this day of , 85 2018. 86 87 CITY OF BOYNTON BEACH, FLORIDA 88 89 YES NO 90 91 Mayor—Steven B. Grant 92 93 Vice Mayor—Christina L. Romelus 10022895 1.1 306-9001821} 2 Page 1010 of 1037 94 95 Commissioner—Mack McCray 96 97 Commissioner—Justin Katz 98 99 Commissioner—Joe Casello 100 101 102 VOTE 103 ATTEST: 104 105 106 107 Judith A. Pyle, CMC 108 City Clerk 109 110 111 (Corporate Seal) 112 113 114 115 {00228951.1 3C6-90018211 3 Page 1011 of 1037 EXHIBIT "A" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING, ARTICLE V. SUPPLEMENTAL REGULATIONS, SECTION 13. WIRELESS COMMUNICATION FACILITIES (WCF) Section 13. Wireless Communications Facilities (WCF). WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, or wireless data transmission/reception, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include developments containing new, mitigated, pre-existing antenna support structures, or co-location on existing antenna support structures, and include attached WCF, concealed WCF, and non-concealed WCF. A. General Provisions. 1. Purpose and Intent. The purpose of this ordinance is to establish minimum development standards for the regulation of commercial WCF and their related accessory equipment and buildings. The intent of this ordinance is the following: a. Promote the health, safety, and general welfare of the public by regulating the siting of WCF; b. Control placement of WCF in a way that minimizes the visual impact to nearby properties by locating them in areas where the impact on the community is minimal; c. Implement the provisions of the Telecommunications Act of 1996 at a local level; and d. Maximize the opportunity for the shared use of new and existing WCF through co- location, in order to reduce the number of new WCF needed to serve the community. 2. Administration. The Director of Planning and Zoning or designee shall be responsible for the overall coordination and administration of this section. 3. Applicability. Except as otherwise specifically provided herein, the installation, construction, or modification of proposed and existing WCF shall be subject to the regulations of this section. However, WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. 4. Exemptions. The following are exempt from the provisions of this section: a. Noncommercial Antennas and Satellite Earth Stations. Noncommercial amateur radio antennas and satellite eafffi stafie„ dish antennas are subject to the provisions of Section 12 of this article. {00228951.1 306-9001821} 4 Page 1012 of 1037 b. City-owned WCF on Public Property or Right-of-Way. If this section would prohibit City-owned WCF from being located at a specific site, and WCF are required to protect the public welfare or safety, the applicable criteria of this section may be exempted by the City Commission, except as otherwise required by Florida Statutes. In such cases the Commission shall make a finding of fact indicating the justification for the exemption. c. Temporary Facility. (1) State of Emergency. Temporary, commercial WCF, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the City Manager, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to sixty(60) days after the duration of the state of emergency. (2) Special Event. Temporary, commercial WCF, utilized in conjunction with coverage of a special event, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to one(1) week after the duration of the special event. d. Radio and TV Broadcasting. Antenna support structures, antenna, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with the Use Matrix of Chapter 3, Article IV, Section 3.C. as an industrial service use. 5. Terms and Definitions. See Chapter 1, Article fI for all applicable terms and definitions which pertain to the regulations and standards contained herein. B. General Standards. Where allowed as provided in Table 3-29 (Zoning Districts and Affiliated Process) herein, the following development regulations shall apply to all new, mitigated, co-located, or combined wireless facility installations. 1. Pre-Existing WCF. Any WCF which legally existed prior to the effective date of this ordinance are considered pennitted nonconforming uses and structures, and shall be deemed pre-existing WCF. Additions to or enlargement of any pre-existing nonconforming WCF shall be required to comply with this section and shall be governed as follows: a. Routine Maintenance. To encourage the use of existing facilities, such nonconfonning status shall not prevent the routine maintenance on nonconforming WCF, or prohibit the placement, modification or relocation of any antenna on any such WCF. b. Modifications. Despite any provision of this section to the contrary, the City may allow nonconforming WCF to be repaired, reconstructed, replaced, or increased in height upon a demonstration by the applicant that the new or modified WCF complies (00228951.1 306-9001821} 5 Page 1013 of 1037 with the current regulations to the maximurn extent practicable, while achieving an overall public benefit in terms of the provision of services. 2. Additional Uses on Lot. WCF may be located on a leased parcel of a conforming lot containing a lawful principal use. Separation between WCF and other uses on the lot may be required to ensure compatibility. 3. District Height Limitations. The requirements set forth herein shall govern the location of WCF that exceed, and antennas that are installed, at a height in excess of the building height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to WCF regulated by this section, and WCF shall not require an exception to the building height limitations. 4. Equipment Cabinets. Cabinets and equipment shelters may be provided within the principal building, behind an approved screen on a rooftop, or on the ground within the fenced-in and screened equipment compound, or mounted on the pole of an attaehed AIGF within a ,.;& of way, depending on the type of WCF. Cabinets and equipment shelters shall not be visible from pedestrian views and shall be fenced and screened as required below. a. Storage. Equipment shelters shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). Mobile or immobile equipment not used in direct support of WCF shall not be stored or parked on the site of WCF, unless on a temporary basis while repairs are being made to WCF. No outdoor storage yards shall be allowed in WCF equipment compounds. b. Unmanned. Equipment shelters shall be unmanned and not used as habitable space. 5. Equipment Compound Enclosure. All equipment compounds on the ground, with the exception of concealed attached stealth WCF integrated into the architecture of a building, shall, at a minimum, be enclosed with a fence eight (8) feet in height. To effectively screen the equipment compound in residential districts and in any district where the equipment compound is visible from a public right-of-way, the enclosure shall consist of a masonry wall eight (8) feet in height, constructed in accordance with the community design standards (see Article I11, Section 3.E.). For public safety, access to WCF shall be through a locked gate. 6. Landscaping. Landscaping around the perimeter of ground equipment shall consist of a landscaped strip wide enough to accommodate trees, shrubs, and a fence or wall enclosure installed around the outside of the entire equipment compound. The general landscape standards shall be consistent with those of Chapter 4, Article 11, Landscape Design and Buffering, Section 4.A (City-Wide Standards), except that the shrubs are required to be a minimum of three (3) feet in height at the time of installation. Water-wise trees with a minimum of four (4) caliper inches shall be spaced every twenty (20) feet on center within the landscape strip. Additional landscaping may be required around the perimeter of a wall {00228951.1 306-9001821 6 Page 1014 of 1037 or use of a screening fabric around the perimeter of a fence to maximize compatibility with adjacent properties. An alternative design may be allowed with respect to proposed buffering components, tree spacing, and plant material, provided that such alternate landscape plan is approved in accordance with Chapter 4, Article 11, Section 5 (Alternate Compliance). Irrigation, maintenance, and replacement of required landscaping shall be the responsibility of the owner of the WCF. On City-owned properties, required WCF landscaping shall be maintained by the City or its designated landscape contractor, and the owner of the WCF shall be required to pay an annual landscape maintenance fee to the City. 7. Parking. A minimum parking space requirement for WCF is not required, however access to WCF must be provided, and temporary off-street parking as part of a principal use on site may be utilized. 8. Signage. Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a WCF, antenna, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Warning signs of ":ATO TRESPASSING' and "HIGH VOLTAGE — DANGERW' shall be installed at least five (5) feet above the finished grade of the fence or wall and shall not be obstructed by landscaping. 9. Lighting. Except as otherwise permitted in this ordinance, no signals, lights or illumination of any kind shall be pennitted on or directed toward any WCF unless required by the FCC, the FAA, or other appropriate public authority. Any security lighting for on- ground facilities and equipment shall be in compliance with Chapter 4, Article VII (Exterior Lighting Standards) of the LDR. 10. Generators. Generators may not be used as a primary electrical power source for a WCF. Generators may be used for temporary power prior to receipt of a CO and not to exceed thirty (30) days. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Any and all generators used for WCF shall control the noise level by use of a silencer or other device that will reduce the noise level to no more than 70 decibels. All generators or alternators used on site shall use propane fuel. Subject to the approval by the Director of Utilities and the Director of Development, the use of diesel powered emergency generators may be permitted where more than three (3) providers have co-located on a WCF. 11. Structural Standards. WCF and their equipment compounds shall be constructed and maintained in conformance with the Florida Building Code, specifically Chapters 15, 16, and Section 3108 for construction and design loads. WCF shall be designed to resist wind loads in accordance with TIA/EIA-222, the federal standards for Steel Antenna Towers and Antenna Supporting Structures. In addition, all accessory equipment buildings, cabinets, or structures, or modifications to WCF shall require building permits and inspections. Design documents for towers, antennas and other structures required to meet wind loads shall bear the raised seal and signature of an engineer licensed and registered in the State of Florida. 100228951.1 306-9001821} 7 Page 1015 of 1037 All work such as clearing and grading, driveway construction, and installation of WCF and enclosure shall be permitted in accordance with the applicable sections of the LDR. 12. Hazardous Location. WCF are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed WCF includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless the City Fire Marshal determines that the proximity of the WCF does not pose any danger or risk of explosion or fire or unless used for backup power purposes. C. Attached WCF. Attached WCF are an antenna or antenna array that are secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure, ^r attaehed to t1til ty r��o� within a r-igh4 of<, a Attached WCF are considered to be an accessory use to the existing principal use on a site. 1. Concealed Attached WCF. Concealed attached WCF, sometimes referred to as camouflaged facilities, are WCF, including their ancillary structures or equipment compounds, that are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed buildings and uses on a site. Examples include, but are not limited to the following: screened antennas that blend with and are incorporated into existing architectural features of a building such as a church steeple, bell tower, clock tower, or cupola. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part Il, Chapter 25.1, as amended. a. Height. WCF shall only be allowed on buildings at least forty (40) feet in height, not to exceed more than fifteen (15) feet above the roofline. b. Setbacks. WCF shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks, and subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. c. Design. Feed lines and antennas shall be designed to architecturally match the fagade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. Existing conforming building element structures (excluding towers) in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. d. Ground Equipment. Equipment buildings shall not exceed a total of 500 square feet and shall not exceed eight (8) feet in height. (00228951.1 306-9001821} 8 Page 1016 of 1037 e. Rooftop Equipment. Rooftop equipment shall not occupy more than 25% of the roof area and shall comply with the exterior building and site design standards (see Chapter 4, Article III, Section 3.A.9). 2. Non-concealed Attached WCF. Non-concealed attached WCF are wireless communication facilities that are readily identifiable as such. Examples ;.-hide aftte„„as -11 nz�e hed to t4ility poles and fteestafiding li,,.Aing within a publie fight of way. a. Location. WCF shall be allowed on City-owned real property opo„*,.;,, utility poles li& standards, such as existing ball park light poled ,,,heFe the applicant has an subjeEtright of way ^r „r^„ert�F,,-subject to approval of the City ageney designee-and/er- the "� Arty- eempa y;, or on privately-owned property. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. b. Height. WCF shall only be attached to poles 50 feet or more in height, provided that the total length of any antenna does not exceed 10% of the height of the existing pole. The total height shall be determined by the highest point of any and all components of the structure, including antennas. e. Equipment Cabinets. Equipment eabinetsorrempatind for- (;F under—this D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. 1. Generally. a. Determination of need. No new or mitigated WCF shall be permitted unless the applicant demonstrates that no existing WCF within applicant's coverage area can accommodate the applicant's proposed use; b. Co-location. All new or mitigated WCF up to 80 feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF between eighty-one (81) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCF between one hundred one (101) to one hundred fifty (150) feet shall be engineered and constructed to accommodate no less than four(4) antenna arrays. c. Separation. A minimum separation distance of 750 feet shall be required between proposed and existing freestanding WCF. A waiver or reduction of separation distance {00228951.1 306-9001821} 9 Page 1017 of 1037 between WCF may be approved by the City Commission based upon the inability to co- locate on existing structures, the need to have more than one (1) WCF, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: (t) Locational requirements/limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission(PSC), if any; (2) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as distance from residential uses, existence of permanent screening and buffering, and location within a large area of commercial or industrial use; (3) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, or other sensitive area; or (4) To reduce the impact on adjacent residential uses. d. Design. New antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. e. Clearing and Grading. Clearing and grading shall be minimized and limited only to the area necessary for the new WCF and done in accordance with city regulations. f. Access. Each site shall have access from an improved right-of-way provided by a driveway approved by the City. The driveway shall extend from the street to an appropriate location on the premises where a vehicle would need to be parked to facilitate normal maintenance of the facility. g. Height. Maximum height shall be measured from ground level to the highest point of the WCF, including any antenna. Height limit shall exclude lightning rods or lights required by the FAA that do not provide support for antennas. h. Safety. All support structures shall comply with the requirements of the Florida Building Code and safety standards contained in the Electronics Industries Association/ Telecommunications Industries Association (EIA/TIA) document 222-F, "Structural Standards for Steel Antenna Towers and Supporting Structures," as amended. i. City's Option to Co-locate. The City shall have the option, through an agreement with the owner of the WCF, to co-locate emergency/public safety equipment on any proposed non-concealed freestanding WCF within the City's jurisdiction, provided that the co-location of antennas does not interfere with the normal operation of approved WCF. Reserved space on new non-concealed freestanding WCF, including reserved 100228951.1 306-9001821} 10 Page 1018 of 1037 ground space for equipment, shall be required for future City co-location, and shall be noted on plans. 2. Concealed Freestanding WCF. Concealed freestanding WCF, sometimes referred to as stealth facilities, are WCF (including their ancillary structures, or equipment compounds) that are not readily identifiable as such, and designed to blend into the surrounding environment and be aesthetically compatible and in proportion with existing and proposed buildings and uses on a site. WCF sometimes have a secondary, obvious function such as a flagpole, light pole, or tree. a. Residential districts. In residential districts, as indicated on Table 3-29 herein, new WCF shall only be permitted on lots with a minimum lot size of one (1) acre, containing only non-residential uses, including but not limited to, schools, churches, fire stations, parks, and other public property. b. Height. Height shall be according to the zoning district in which WCF is located. (1) In all residential districts as indicated on the Tables in this Section, the maximum height shall be limited to 25 feet above the maximum building height of the zoning district. (2) In the PU and REC districts, the maximum height shall be limited to 100 feet. (3) In all commercial districts, the maximum height shall be limited to 30 feet above the maximum building height of the zoning district. (4) In all mixed use districts, the maximum height of concealed freestanding WCF shall be limited to the approved building height or a total of 70 feet, whichever is less. (5) In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet, if located less than 1,000 feet from a residential use, and 150 feet if located if located in excess of 1,000 feet from a residential use. c. Setbacks. In all zoning districts where allowed, WCF shall be set back one-half the height of the antenna support structure from all property lines. However, in all instances, the minimum setback distance from the property line of any residentially zoned property or the boundary of a residential component within a mixed use pod, shall be at least one and one-half (1.5) times the height of the entire proposed WCF structure. d. Design. WCF shall be designed to blend into the surrounding environment and be aesthetically compatible and in proportion with building mass and existing features or landscaping on site. X00228951.1 306-9001821) 11 Page 1019 of 1037 3. Non-concealed Freestanding WCF. Non-concealed freestanding WCF are those facilities that are readily identifiable as such, and include, but are not limited to, the following: guyed, lattice, or monopole antenna support structures. a. Antenna support structure. WCF shall be limited to monopole type antenna support structures, unless the applicant demonstrates that such design is not feasible to accommodate the intended users. b. Height. The maximum height shall be limited to a total of one hundred (100) feet. However, the maximum height may exceed 100 feet, but shall not exceed 150 feet, if the subject WCF is located within an M-1 or PID zoning district, and located in excess of 1,000 feet from a residential use. c. Setbacks WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use. d. Design. (1) Antenna support structures shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. (2) New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. 4. Mitigation of Existing WCF. Mitigation is a modification to an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one or several antenna support structures located in proximity to a proposed new antenna support structure, in order to encourage compliance with this section or improve aesthetics or functionality of the overall wireless network. a. Determination of Need. WCF mitigation shall accomplish a minimum of one of the following: reduce the number of WCF; reduce the number of nonconforming WCF; replace existing WCF to reduce visual obtrusiveness; or replace existing WCF with new WCF to promote greater co-location opportunities or improve network functionality, resulting in compliance with this ordinance. b. Height. The height of WCF approved for mitigation shall not exceed the maximum height limitations of this section based on the type of WCF and the zoning district. Replacement WCF with an increased height shall require City Commission approval. (00228951.1 306-9001821} 12 Page 1020 of 1037 c. Setbacks. New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. d. Buffers. At the time of mitigation, equipment compounds shall be brought into compliance with the screening and buffer requirements of this section. e. Design. Mitigated antenna support structures shall comply with the provisions herein to reduce nonconforinity and minimize adverse effects on the landscape and adjacent properties, with specific design considerations as to WCF type, height, scale, color, texture, and architectural design of the buildings on the same and adjacent lots. i 5. Antenna Element Replacement or Repair. Any repair or replacement of an existing antenna or antenna array with another of like size and shape that will not alter the structural integrity of the support structure, shall be exempted from further review provided that a notarized certification shall be submitted by a qualified technician stating that the replacement will not alter the structural integrity of the support structure, and that any changes will not affect the electrical specifications. 6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment. a. Height. Co-located or combined WCF shall not increase the height of an existing antenna support structure. b. Setbacks. (1) Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on the type of WCF, and zoning district in which it is located. (2) Co-location of antenna on WCF approved prior to this ordinance may locate proposed accessory equipment buildings within existing equipment compound enclosures, provided the minimum established setbacks of existing WCF are met. c. Design. New antenna mounts shall be flush-mounted onto existing WCF, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. d. Buffers. At the time of installation of additional equipment to WCF, the equipment compound shall be brought into compliance with the screening and buffer requirements of this section. 100228951.1 306-9001821) 13 Page 1021 of 1037 TABLE 3-29. Zoning Districts and Affiliated Process. Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location a WCF 1 WCF 2 WCF 4 WCF 4 WCF 7 Replacement R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD I CC 3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC 3 AD AD AD MHPD CC 3 AD AD AD 4 C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD sMU AD AD CC AD AD AD MU-L-1 AD AD CC AD AD AD MU-L-2 AD AD CC AD AD AD MU-L-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU-H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD-Administrative(Staff)Approval CC-City Commission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed on„*a,*„poles and freestanding lights. .ithi, ^ publie right of.. subjeet to agreemen+ with the agency r-epFesentative with jurisdietion ever the right of way andlor the utifit� private property or publicly-owned property, excluding public rights-of-way which are regulated by Part 1I of the City's Code of Ordinances, Chapter 25.1 as amended. 3 Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use(school,church) 4 A minimum separation of 750 feet is required between freestanding WCF. Freestanding requires conditional use approval. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use,and 150 feet if located in excess of 1,000 feet from a residential use. 5 Only when located on City-owned property of two (2) acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 100228951.1306-9001821) 14 Page 1022 of 1037 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on City-owned site and the lease requires each Tenant to have a separate lease with City(each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter(City Commission consent agenda). Zonine Distriets• l Sin&Falnts�et3t'^�C 2 Ne:,.i.�.^� (head C^'mneroial SMT Suburban Mixed Us *2 Duplex E 3 GommuRityz,,..me..^:^, NAU L I Mi;ied_I Isp r^ WensityT MU L 3 Mixed Use Low Intensity-3 UPUD hnfiflfl PI-anned Unit Development PCD Planned Commereial Development MU HNfixed Use High 1 61}ir2e P�eiessienal PU Pub lie.Usage A4 i Light indust TABLE 3-30. Maximum Heights of WCF Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 2 55' 3,4 7 7 7 R-3 1 2 55' 3,4 7 7 7 PUD 1 2 75' 3,4 7 7 7 IPUD 1 -2 75' 3,4 1 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 2 75' 4 7 7 7 CBD 1 2 130' 4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-L-1 1 2 70' or less 4 7 7 7 MU-L-2 2 70' or less 4 7 7 7 MU-L-3 2 70' or less 4 7 7 7 MU-4 2 70' or less 4 7 7 7 MU-H 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150' 4 100-150' 4 7 7 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline, and exclude public rights-of-way which are regulated by Part II of the City's Code of Ordinances,Chapter 25.1 as amended. . 2 Non-concealed attached WCF are allowed only on iatil ty poles and f eest ndin. lights that are @ ''i^^ 4-0 feet in he t. with jur-isdietion ever-the right of way and/or-the utility eaWaia�q er-en existing ball park ligh poles that are more than 50 feet in height,excluding in public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . The total length of any antenna shall not exceed 4-5 10 percent of the height of the existing utility h pole. {00228951A 3o6-9001821} 15 Page 1023 of 1037 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two(2)acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. TABLE 3-31. Setbacks and Separation Between WCF Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 I 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 I C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PFJ 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-L-1 1 2 3,4 6 7 MU-L-2 1 2 3,4 6 7 MU-L-3 1 2 3,4 6 7 MU-4 1 2 I 3 4 6 7 MU-H 1 2 3,4 6 7 PID 1 2 3,4 4, 5 6 7 M-1 1 2 3.4 4, 5 6 7 Footnotes: 1 Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. Excludes location in public rights-of-way which are regulated by Part 1I of the City's Code of Ordinances, Chapter 25.1 as amended. . 3A'GF shall be designed and leeated in sueh a manner-as to ne�in4er-fere with the subjeot right of way e tilizatioa. Non-concealed attached WCF are allowed on utility poles and freestanding lights [00228951.1 306-9001821) 16 Page 1024 of 1037 within a public right of way, su-bj ect to agreement with the agency r-epr-eseatative with jur-i sdiction over-i .-igkt of way andlor- the util' rivate property or publicly-owned property, excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances,Chapter 25.1 as amended. 3 Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines, however, in all instances the minimum setback from the property line or the boundary of a residential component within a mixed-use pod, shall be at least one and one-half(1.5) times the height of the entire proposed WCF structure. 4 A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required. 5 Nonconcealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use. 6 New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. 7 Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on type of WCF, and zoning district in which it is located. E. Submittal Requirements. A completed application and filing fee with all required documents as specified on the application checklist, including but not limited to, signed and sealed site plans, antenna support structure elevations, and landscape plans shall be submitted to the Planning and Zoning Division. F. Approval Process. 1. Pre-application Meeting. Prior to leasing or purchasing facilities, the WCF service provider is required to meet with the Director of Planning and Zoning or designee to determine the type of approval process, and to review the merits of potential locations. 2. Administrative Approval. The approval of WCF subject to administrative review as identified in Table 3-29 shall be processed as a minor site plan modification in accordance with Chapter 2, Article II, Section 2.F.7.c. If the Director of Planning and Zoning or designee determines that the application and documentation fail to meet the intent of this ordinance, the City may, in writing, deny the request. Applicants who have been denied a request for a WCF may formally appeal such denial to the City Commission in accordance with Chapter 1, Article VIII. 3. City Commission Approval. Approval of WCF subject to City Commission public hearing review as identified in Table 3-29 shall be processed in accordance with Chapter 2, Article I, Section 4. 4. Review Criteria. The WCF shall comply with the regulations and requirements of this section. Notwithstanding compliance with the aforementioned, for WCF applications requiring public hearings, the City Commission shall also consider the following: a. Height of the proposed WCF; 100228951.1 306-9001821} 17 Page 1025 of 1037 b. Nature of use(s) on adjacent and nearby properties; c. Surrounding tree coverage and foliage; d. Design of the WCF, particularly with respect to design attributes having the effect of reducing or eliminating visual obtrusiveness; and e. Proposed ingress and egress. 5. Conditions of Approval. In granting an approval, the City may impose conditions necessary to minimize any adverse effect of the proposed WCF on adjoining properties. G. Publicly-Owned Property. 1. Agreements. If an applicant requests a permit to locate a WCF on City-owned property ,A,itl i a Git y right of wa , the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease in a form acceptable to the City Attorney setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted, and releasing the City from all liability regarding WCF. 2. Occupancy or Use. No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly-owned sites of the jurisdiction for delivery of telecommunications services or any other purpose. a. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a pen-nit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property. H. Interference with Public Safety WCF. Whenever the City has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCF, the following steps shall be taken: 1. Notification. The City shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the City and among themselves to investigate and mitigate the interference if the WCF owner is operating outside of its FCC frequencies. 2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if the FCC makes a determination that the WCF is operating outside of its frequencies and causing_ radio frequency interference with the City public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference due to operating outside of its licensed frequencies shall be t00228951.1 306-9001821} 18 Page 1026 of 1037 responsible, upon FCC determination of radio frequency interference, for reimbursing the City for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. I. Annual Registration and Certification. WCF owners shall file annually with the Director of Planning & Zoning or designee a declaration as to the continuing operation (with active antennas) of their facilities located within the City. Said declaration shall include a listing of all WCF users, names, and mailing addresses, and any additional information deemed appropriate by the City. 1. Continued Structural Integrity. Within sixty(60) days following a catastrophic act of God or other emergency that affects the structural integrity of the antenna support structure, a certification of continued structural integrity (i.e., a statement that a thorough and complete inspection of WCF was conducted and WCF and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licenses professional engineer, shall also be filed with the Director of Planning &Zoning or designee. 2. Failure to File. Failure to timely file either the annual declaration or the certification shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal. J. Removal of Abandoned, Unused, or Unsafe WCF. The intent and purpose of this subsection is to address the compelling public interest in ensuring that WCF are promptly disassembled, dismantled, and removed once they are no longer used. There may be substantial risk that WCF may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for antenna support structures. WCF that are abandoned or unused for a period of one hundred twenty (120) days shall be removed as follows: 1. Notice of Abandonment. WCF owners shall submit a copy of the "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or designee, and remove its own equipment, including but not limited to the antenna support structure, antennas, generators, and service facilities or cabinets, within ninety (90) days of the cessation of use. WCF owners shall return the site to its natural state, or consistent with the current use of the land at the time of removal; or 2. Notice of Different Provider. WCF owners shall notice the Director of Planning and Zoning or designee that the provider's obligations for its equipment in the right-of-way or public easement or private property under this section have been lawfully assumed by another provider who will make actual use of the WCF within thirty(30) days; or 3. Proposal for Transfer to City. WCF owners shall submit to the Director of Planning and Zoning or designee a proposal and instruments for transferring ownership of its equipment to the City. If a provider proceeds under this clause, the City may, at its option: 100228951.1 306-9001 M1} 19 Page 1027 of 1037 a. Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to provider; or b. Require the provider, at provider's expense, to remove it; or c. Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding sentence and which for six (6) months remains unused shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies and rights has at law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the equipment and restoring it to working condition, or (3) requiring removal of the equipment by the provider or by the provider's surety under any required maintenance bond ro ,-ed by the Godo „rO.din neer 4. Exeeptions. WGF used for- other- > ineluding but net limited to, and power- poles, may be exempt from this provision, subjeet to the r-equir-ement that all .� ient eilreept the antenna suppoft stmettwe itself be removed or- abandoned as set fe K. Inspection. The City reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall be conducted by a registered engineer. Based upon the results of an inspection, the Building Official may require repair or removal of the WCF. Should the City have reason to believe WCF is not in compliance with applicable building and electrical codes, the City may conduct periodic inspections of the site to ensure structural and electrical integrity. 100228951.1 306-90018211 20 Page 1028 of 1037 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Mayor and Commissioners FROM: Kathleen Hatcher Senior Planner DATE: June 4, 2018 RE: Approve (CDRV 18-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations: Section 12. Satellite Earth Stations and Antennas to insert provisions for HAM radio towers and antennas consist with FCC requirements, and Section 13. Wireless Communications Facilities (WCF) to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. EXPLANATION The above-referenced code revisions are necessary in order to update the Land Development Regulations to correspond with amendments to Part 11 of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" adopted by the City Commission on May 1, 2018 by Ordinance 18-005. On June 23, 2017 the Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The amendments to Code of Ordinances Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way by Ordinance 18-005 are to implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part 11 amendments, and to ensure compliance with FCC requirements. The proposed revisions to the LDR update and expand Chapter 12 to amend the regulations on television antennas and amateur ham radio antennas to update terminology, restrict the number allowed, and establish height limits and setbacks while respecting preemption regulations by the Federal Communications Commission (FCC). The FCC's "PRB-1" is their declaratory ruling requiring that local zoning laws reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. It further reads that such regulations "...must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose". Due to the vague character of the FCC regulation, some jurisdictions have avoided any specific standards applicable to HAM towers and antennas and merely reference their objective to accommodate such communications systems consistent with the FCC directives. While many other cities and counties have adopted quantifiable standards as well as the provision to consider tower applications that fail to comply with such standards through the reasonable accommodation process. Staff has drafted amendments consistent with this latter format of regulations to provide some limits and structure as well as to ensure ultimate compliance FCC PRB- 1. Page 1029 of 1037 Current regulations in the LDR allow wireless communications facilities (WCF) to be located in public rights-of-way as "non-concealed attached WCF" which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. The WCF regulations are being amended to avoid conflict with WCF within public rights-of-way, regulated by Part II. Chapter 25-.1 as amended. Proposed revisions to Chapter 13 Wireless Communications Facilities (WCF) refer applicants to Part II Chapter 25.1 for all regulations pertaining to WCF within public rights-of-way. The WCF revisions also clarify that non-concealed attached WCF regulated in Ch. 13 of the LDR are only those located on publicly or privately-owned lots (not in public rights-of- way) and would be limited to poles at least 50 feet in height (such as ballpark lights). In addition, non-concealed WCF would not be allowed in residential zoning districts and would be limited to a height increase of ten (10) percent of the pole height when antennas are attached. PROPOSED AMENDMENTS A summary of the proposed amendments are as follows: Section 12 - Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • Allow Amateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers, and maintaining maximum height as a factor of roof height (maximum of 15 feet higher than the roof (peak) height up to 40 feet); • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter for single-family residential districts. • Clarify requirements (process, number, location, setbacks, screening, and height) for single- family/duplex districts, multi-family residential district, and non-residential and mixed use zoning districts. Section 13 - Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to Chapter 3 Article V Sections 12 — 13 of the LDR to ensure no conflicts with Ordinance 18-005 Telecommunications in Public Rights of Way, adopted on May 1, 2018 in order to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act. These code amendments are also proposed to ensure that applications are acted upon consistent with state and federal law. Attachments -2 - Page 1030 of 1037 13.A. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program- July 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1031 of 1037 13.B. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Approve amendments to the Land Development Regulations Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) removing the "pilot program" status for this use titled Landscape Debris Stockpiling. City-initiated. - July 17, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1032 of 1037 13.C. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Discuss possibility of trolley service within the City - July 17, 2018. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1033 of 1037 13.D. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1034 of 1037 13.E. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review- TBD Nichols Property Rolling Green Girl Scout Park EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1035 of 1037 13.F. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1036 of 1037 13.G. FUTURE AGENDA ITEMS 7/3/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/3/2018 REQUESTED ACTION BY COMMISSION: Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1037 of 1037